Del Terra0
•
FOR:
PROJECT NUMBER
BID DATE
DEIGFI PLANNING DEVELOPMENT MA N6IE.VEM
0
SPECIFICATIONS
ROSEMEAD PARK
BIKE/PEDESTRIAN
TRAIL
4343 ENCINITA AVE.
ROSEMEAD, CA 91707
0806700RP
August 20T" 2008
n
U
0
Table of Contents
Division 00
Title
Section
Letter of Solicitation
00001
Bid Overview
00005
Schedule of Important dates
00010
Notice to Contractors Calling for Bids
00015
Instruction for Bidders
00020
Bid Proposal
00025
List of Subcontractors
00030
Statement of Bidders Qualifications
00035
General Conditions
00040
Special Conditions
00045
Non Collusion Affidavit
00050
Agreement
00055
Bid Bond
00060
Performance Bond
00065
Payment Bond
00070
Guarantee
00075
Certificate of Workers Compensation
00080
Certification of Drug Free Work Place
00085
•
Not used
00090
Disabled Veteran Business Enterprise
00095
• CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL TABLE OF CONTENTS
STANDARD SPECIFICATIONS DIVISION 00
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SECTION 00005
BID OVERVIEW
This project envisions the total construction of a half mile synthetic asphalt (Rubber) pedestrian
walkway through the existing park with a multiuse rubberized asphalt pad and stationary exercise
equipment areas throughout.
Bid Due Date: August 20, 2008. The City will receive bids in the offices of the City Clerk, 8838
East Valley Boulevard, Rosemead, California 91770, up to the hour of 11:00 am, on August 20,
2008, at which time they will be publicly opened.
Time of Completion: The Contractor shall complete all work in every detail within thirty five (45)
working days after the date in the Notice to Proceed with Work. The Work will be completed during
normal working hours.
Should any questions arise please feel free to contact the Project Manager, The Del Terra Group,
(626) 839-9300 ext 220.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
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SCHEDULE OF IMPORTANT DATES
u
Dates of Advertisement: August 5" 2008 & August 12" 2008
Pre-Bid Conference August 13" - 11:00 am @ Rosemead Park Parking
Lot
Time for Receiving Bids: August 201" -11:00 a.m.
Letter of Intent: August 27'", 2008
Notice to Proceed: September 4'", 2008
Start of Work: September 8", 2008
Completion of Work: Not later than October 22nd, 2008
• CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL SCHEDULE OF IMPORTANT DATES
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0
SECTION 00015
. NOTICE TO CONTRACTORS CALLING FOR BIDS
CITY: Rosemead
PROJECT IDENTIFICATION: CONSTRUCTION OF A NEW SYNTHETIC ASPHALT
PEDESTRIAN TRAIL THROUGHOUT ROSEMEAD
PARK
PROJECT NO: 08070ORP
BIDS DUE BY: AUGUST 20" 2008
SUBMIT BIDS TO: City of Rosemead
8838 E. Valley Blvd
Rosemead, California 91770
BID AND CONTRACT City of Rosemead 8838 E. Valley Blvd Rosemead, California
DOCUMENTS AVAILABLE: 91770 upon a payment of $25.00 nonrefundable fee.
MANDATORY PRE-BID Rosemead Park Parking Lot
JOB WALK LOCATION: 4343 Encinita Ave
Rosemead, California 91770
JOB WALK DATE/TIME: AUGUST 13'", 2008 @ 11:00 am
NOTICE IS HEREBY GIVEN that City of Rosemead, acting by and through its City
Council, hereinafter the "City " will receive up to, but not later than the above-stated date and
time, sealed Bid Proposals for the Contract for the Work generally described as: City Council
Chamber Remodel.
1.01 Submittal of Bid Proposals. All Bid Proposals shall be submitted on forms furnished by
the City. Bid Proposal's must conform with, and be responsive to, the Bid and Contract
Documents, copies of which may be obtained from the City as set forth above. Only Bid
Proposals submitted to the City prior to the date and time set forth above for the public
opening and reading of Bid Proposals shall be considered.
1.02 Bid and Contract Documents. Bidder may obtain, at Bidder's sole cost and expense,
the Bid and Contract Documents at the location stated above.
1.03 Bid Proposal. Each Bid Proposal shall consist of:
CITY OF ROSEMEAD PARK PEDESTRIAN NOTICE "I'0 CONTRACTORS CALLING FOR BIDS
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A. Bid Proposal
B. Bid Security
C. List of Subcontractors
D. Non-Collusion Affidavit
E. Statement of Bidder's Qualifications
All information or responses of a Bidder in its Bid Proposal and other documents
accompanying the Bid Proposal shall be complete, accurate and true; incomplete,
inaccurate or untrue responses or information provided therein by a Bidder may be
grounds for the City to, reject such Bidder's Bid Proposal for non-responsiveness.
1.04 Job-Walk. The City will conduct a ONE TIME ONLY MANDATORY PRE-BID
JOB WALK for the Work to be held at the location, date and time stated above. Failure
to attend will render the Bid Proposal of such bidder to be non-responsive.
1.05 Prevailing Wage Rates; Employment of Apprentices and Labor Compliance
Program. The Project is subject to the provisions of Labor Code §§1720 et seq. and
regulations set forth in Title 8 §§16000 et seq. of the California Code of Regulations
which govern the payment of prevailing wages on public works projects. All bidders
shall be governed by and required to comply with these statutes and regulations in
connection with the Project. Pursuant to Labor Code §1771, the Contractor receiving
award of the Contract and Subcontractors of any tier shall pay not less than the prevailing
wage rates to all workers employed' in the execution of the Contract. Bidders shall
comply with applicable statutes and regulations, including but not limited to Labor Code
1771, 1775, 1777.5, 1813 and 1815.
The City has initiated a Labor Compliance Program ("LCP"), pursuant to the provisions
of Labor Code § 1771.5 and other applicable law. The initial approval of the City's LCP
is pending. The City's LCP Manual is included in Section 00900 of the Contract
Specifications. The Contractor and Subcontractors of any tier shall comply with the LCP
initiated and enforced by the City. For inquiries, questions or assistance with regard to
the LCP, contact the office of the City Clerk, 8838 E. Valley Blvd, Rosemead CA.
Pursuant to Labor Code §1773, the Director of the DIR has determined the generally
prevailing rates of wages in the locality in which the Work is to be performed. Pursuant
to Labor Code §1773.2, copies of these determinations, entitled "PREVAILING WAGE
SCALE", are maintained at the City's offices located at 8838 E. Valley Blvd, Rosemead
CA, and are available to any interested party upon request. Copies of rate schedules are
also available on the Internet at http://www.(Iir.ca.gov/DIR/S&R/statisties research.htm).
The Contractor awarded the Contract for the Work shall post a copy of all applicable
prevailing wage rates for the Work at conspicuous locations at the Site of the Work.
Bidders are directed to Article 4.21 of Section 00700 (General Conditions) and to Section
00900 (Labor Compliance Program Manual and Forms) for detailed requirements
concerning payment of prevailing wage rates, payroll records, hours of work,
CITY OF . ROSEMEAD PARK PEDESTRIAN NOTICE TO CONTRACTORS CALLING 17OR BIDS
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employment of apprentices, and the City 's LCP requirements and enforcement
procedures.
• 1.06 Contractors License Classification. In accordance with the provisions of California
Public Contract Code §3300, the City requires that Bidders possess the following
classification(s) of California Contractors License at the time that the Contract for the
Work is awarded: "B" General Contractor.
1.07 Contract Time. Substantial Completion of the Work shall be achieved within forty five
(45) CALENDAR DAYS after the date for commencement of the Work as set forth in
the Notice to Proceed issued by the City. Failure to achieve Substantial Completion
within the Contract Time will result in the assessment of Liquidated Damages of two
hundred and fifty ($250.00) per day after expiration of original contract.
1.08 . Bid Security. Each Bid Proposal shall be accompanied by Bid Security in an amount not
less than TEN PERCENT (10%) of the maximum amount of the Bid Proposal, inclusive
of any additive Alternate Bid Item(s). Failure of any Bid Proposal to be accompanied by
Bid Security in the form and in the amount required shall render such Bid Proposal to be
non-responsive and rejected by the City.
1.09 No Withdrawal of Bid Proposals. No Bidder shall withdraw its Bid Proposal for a
period of ninety (90) days after the award of the Contract by the City's City Council.
During this time, all Bidders shall guarantee prices quoted in their respective Bid
Proposals.
• 1.10 Substitute Security. In accordance with the provisions of California Public Contract
Code §22300, substitution of eligible and equivalent securities for any monies withheld
by the City to ensure the Contractor's performance under the Contract will be permitted
at the request and expense of the Contractor. The foregoing notwithstanding, the Bidder
to whom the Contract is awarded shall have forty five (45) days following action by the
City 's City Council to award the Contract to such Bidder to submit its written request to
the City to permit the substitution of securities for retention. The failure of the Bidder to
make such written request to the City within said forty five (45) day period shall be
deemed a waiver of the Bidder's rights under California Public Contract Code §22300.
1.11 Waiver of Irregularities. The City reserves the right to reject any or all Bid Proposals
or to waive any irregularities or informalities in any Bid Proposal or in the bidding.
1.12 Award of Contract. The Contract for the Work, if awarded, will be by action of the
City's City Council to the responsible Bidder submitting the lowest responsive Bid
Proposal. If the Bid Proposal requires Bidders to propose prices for Alternate Bid Items,
the City 's selection of Alternate Bid Items, if any, for determination of the lowest priced
Bid Proposal and for inclusion in the scope of the Contract to be awarded shall be in
accordance with this Notice and the Instructions for Bidders.
CITY OF ROSEMEAD PARK PEDESTRIAN
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STANDARD SPECIFICATIONS
NOTICE- TO CONTRACTORS CALLING FOR BIDS
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1.13 Inquiries and Clarifications. This document is for informational purposes and shall not
.relieve the Bidder of the requirements to fully familiarize itself with all the factors
affecting the Project and his Bid. The Bidder is advised that all inquiries and
clarifications about the Bid Documents, Drawings, Specifications, etc., shall be submitted
to the City in writing at least five (5) days before the bid opening date. The City will
respond at its earliest possible opportunity. Verbal communication by either party with
regard to this matter is invalid. Inquiries shall be sent to: Del Terra Group 13181
Crossroads Parkway Suite 200.
1.14 Alternate Bid Items. The selection of Bid Alternates for determination of the lowest Bid
Proposal will be based upon the Base Bid Proposal alone or a combination of the Base
Bid Proposal and one or more Bid Alternates as selected by the City in accordance with
the following "blind bidding" procedures. After opening timely submitted Bid Proposals
and before the public reading of the Bid Proposals, City staff who will not be engaged in
the selection of Bid Alternates ("Clerical Staff') will assign each Bidder an alphabetical
letter for identification purposes. The Clerical Staff will mask all portions of the Bid
Proposal and other documents submitted with Bid Proposals so that the identity of each
Bidder and each listed subcontractor is not revealed. The Clerical Staff will maintain a
list ("Bidders List") which identifies each Bidder's name and a corresponding
alphabetical letter assigned to each Bidder. After completing the Bidders List, the
Clerical Staff will publicly read the Bid Proposal amounts of each Bidder for the Base
Bid as well as each Bid Alternate. In this public reading, Bidders will not be identified
by name, only by alphabetical letter assigned to each Bidder. After the public reading of
Bid Proposals, the Clerical Staff will provide the Project Manager, Architect and City
staff responsible for selection of Bid Alternates ("Review Team") copies of the Bid
Proposals with the identities of Bidders and listed subcontractors masked. Bid Proposals
reviewed by the Review Team will identify Bidders only by alphabetical letters. At such
time as the Review Team has completed its review of the Bid Proposals, has selected Bid
Alternates and has determined which Bidder (by the alphabetical letter designation
assigned by Clerical Staff) has submitted the lowest Bid Proposal based upon the Base
Bid and any combination of the Bid Alternates as determined by the Review Team, the
Clerical Staff will make available to the Review Team the Bidders List so that the
identity of the Bidder to be awarded the Contract can be identified. Until such time as the
Review Team has completed review of Bid Proposals and determination of which Bidder
has submitted the lowest responsive Bid Proposal, there will be no communication
between members of the Clerical Staff and members of the Review Team regarding the
identities of Bidders or listed subcontractors or any disclosure of any portion of the
Bidders List.
END OF SECTION
CITY OF ROSEMEAD PARK PEDESTRIAN NOTICE TO CONTRACTORS CALLING FOR BIDS
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SECTION 00020
•
INSTRUCTIONS FOR BIDDERS
1.01 Preparation and Submittal of Bid Proposal.
A. Bid Proposal Preparation. All information required by the bid forms must be
completely and accurately provided. Numbers shall be stated in both words and
figures where so indicated in the bid forms; conflicts between a number stated in
words and in figures. are governed by the words, except where the figures
represent an express, correctly calculated sum. Partially completed Bid Proposals
may be deemed non-responsive. Bid Proposals submitted on other than the bid
forms included herein shall be deemed non-responsive. Bid Proposals not
conforming to these Instructions for Bidders and the Notice to Contractors Calling
for Bids ("Call for Bids") may be deemed non-responsive and rejected. Each
Bidder is solely responsible for all costs and expenses incurred by the Bidder in
preparing and submitting a Bid Proposal to the City.
B. Bid Proposal Submittal. Bid Proposals shall be submitted at the place
designated in the Call for Bids in sealed envelopes bearing on the outside the
Bidder's name and address along with an identification of the Work for which the
Bid Proposal is submitted. Bidders are solely responsible for timely submission
of Bid Proposals to the City at the place designated in the Call for Bids.
•
C. Date and Time of Bid Proposal Submittal. A Bid Proposal is considered
submitted only if the outer envelope containing the Bid Proposal is stamped by
the City's date/time stamp machine at the place designated for submittal of the
Bid Proposal. The date/time stamp is controlling and determinative as to the date
and time of the Bidder's submittal of its Bid Proposal. Bid Proposals received
after the date and time specified in the Call for.Bids are non-responsive and will
be returned to the Bidder unopened.
D. Alternate Bid Item(s). If the Bid Proposal forms do not specifically call for the
submittal of alternate bid item(s) and a Bidder submits alternate bid item(s), the
City may deem the Bid Proposal to be non-responsive and reject the same. In the
event that alternate item(s) are specifically called for in the Bid Proposal forms,
any Bid Proposal which does not include bid(s) for the alternate item(s) may
result in the Bid Proposal being deemed by the City to be non-responsive and
rejected. In the event that bids for alternate item(s) are specifically called for in
the Bid Proposal forms, the Bidder is referenced to the provisions of the Contract
Documents permitting the City , during performance of the Work of the Contract
Documents, to add or delete such alternate item(s) with the cost or credit
(inclusive of all direct and indirect costs, supervision, overhead and profit) for
such alternate item(s) to be in the amount(s) set forth in the Bidder's Bid Proposal
11
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
STANDARD SPECIFICATIONS
INSTRUCTIONS FOR BIDDERS
00020
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PAGE 1 OF I I
for such alternate item(s).
1.02 Bid Security. Bid Security shall be in the form of. (a) cash, (b) a certified or cashier's •
check made payable to the City or (c) a Bid Bond, in the form and content attached
hereto, in favor of the City executed by the Bidder as a principal and an Admitted Surety
Insurer under Code of Civil Procedure §§995.120 and 995.311 as surety (the "Bid
Security") in an amount not less than the stated percentage of the maximum amount of
the Bid Proposal. Any Bid Proposal submitted without the required Bid Security is non-
responsive and will be rejected.
1.03 Signatures. All bid forms shall be executed by an individual duly authorized to execute
the same on behalf of the Bidder.
1.04 Modifications. Changes to the Bid Proposal which are not specifically called for or
permitted may result in the City's rejection of the Bid Proposal as being non-responsive.
No oral or telephonic modification of any submitted Bid Proposal will be considered. A
written modification may be considered only if actually received by the City ten (10) days
prior to the scheduled closing time for receipt of Bid Proposals.
1.05 Erasures; Inconsistent or Illegible Bid Proposals. Bid Proposals must not contain any
erasures, interlineations or other corrections unless the same are suitably authenticated by
affixing in the margin immediately opposite such erasure, interlineation or correction the
surname(s) of the person(s) signing the Bid Proposal. Any Bid Proposal not conforming
to the foregoing may be deemed by the City to be non-responsive. If any Bid Proposal,
or portions thereof, is determined by the City to be illegible, ambiguous or inconsistent,
the City may reject such a Bid Proposal as being non-responsive.
1.06 Examination of Site and Contract Documents. Each Bidder shall, at its sole cost and
expense, inspect the Site to become fully acquainted with the Contract Documents and
conditions affecting the Work. The failure of a Bidder to receive or examine any of the
Contract Documents or to inspect the Site shall not relieve such Bidder from any
obligation with respect to the Bid Proposal, the Contract or the Work required under the
Contract Documents. The City assumes no responsibility or liability to any Bidder for,
nor shall the City be bound by, any understandings, representations or agreements of the
City 's agents, employees or officers concerning the Contract Documents or the Work
made prior to execution of the Contract. The submission of a Bid Proposal shall be
deemed prima facie evidence of the Bidder's full compliance with the requirements of
this section.
1.07 Withdrawal of Bid Proposal. Any Bidder may withdraw its Bid Proposal without
penalty by written request received by the City prior to the scheduled closing time for the
receipt of Bid Proposals. Requests for withdrawal of bid proposals alter scheduled
closing time shall be in accordance with Public Contract Code §§5100 et seq.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS
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1.08 Documents Required Upon Award of Contract. The Agreement which the successful
• Bidder, as Contractor, will be required to execute along with the other documents which
will be required to be furnished are included in the Contract Documents and shall be
carefully examined by the Bidder.
1.09 Interpretation of Drawings, Specifications or Contract Documents. Any Bidder in
doubt as to the true meaning of any part of the Contract Documents or who finds
discrepancies, errors or omissions therein; or who finds variances in any of the Contract
Documents with applicable rules, regulations, ordinances and/or laws, may submit to the
City a written request for an interpretation or correction thereof. It is the sole and
exclusive responsibility of the Bidder to submit such request not less than seven (7) days
prior to the scheduled closing for the receipt of Bid Proposals. Interpretations or
corrections of the Contract Documents will be by written addendum issued by the City, a
copy of which will be sent to each Bidder who attends the mandatory pre-bid job walk.
No person is authorized to render an oral interpretation or correction of any portion of the
Contract Documents to any Bidder, and no Bidder is authorized to rely on any such oral
interpretation or correction. Failure to request interpretation or clarification of any
portion of the Contract Documents pursuant to the foregoing is a waiver of any
discrepancy, defect or conflict therein.
1.10 Request for Substitutions Prior to Bid Opening. Any Bidder may submit Request(s)
for Substitution on the form provided herein, together with all substantiating data, no later
than seven (7) days prior to the scheduled closing time for receipt of the Bid Proposals, in
• accordance with Public Contract Code §3400. The City shall use its best efforts to
consider and act upon such Request for Substitution in a timely fashion. Actions taken, if
any, concerning the Request for Substitution will be by written addendum issued by the
City, a copy of which will be sent to each Bidder who attends the mandatory pre-bid job
walk. In the absence of written addendum, the Request for Substitution shall be deemed
denied for purposes of the City's evaluation of the Bid Proposals and award of the
Contract.
1.11 City's Right to Modify Contract Documents. Before the scheduled closing time for
receipt of Bid Proposals, the City may modify the Work, the Contract Documents, or any
portion(s) thereof by the issuance of written addenda disseminated to all Bidders who
have attended the mandatory pre-bid job walk. If the City issues any addenda, the failure
of any Bidder to acknowledge such addenda in its Bid Proposal may render the Bid
Proposal non-responsive.
1.12 Bidders Interested in More Than One Bid Proposal. No person, firm, corporation or
other entity shall submit or be interested in more than one Bid Proposal for the same
Work; provided, however, that a person, firm or corporation that has submitted a sub-
proposal to a Bidder or who has quoted prices for materials to a Bidder is not thereby
disqualified from submitting a sub-proposal, quoting prices to other Bidders or
submitting a Bid Proposal for the proposed Work to the City.
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CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS
STANDARD SPECIFICATIONS 00020
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1.13 Award of Contract
A. Waiver of Irregularities or Informalities. The City reserves the right to reject
any and all Bid Proposals or to waive any irregularities or informalities in any Bid
Proposal or in the bidding.
B. Award to Lowest Responsive Responsible Bidder. The award of the Contract,
if any, will be to the responsible Bidder submitting the lowest responsive Bid
Proposal on the basis of the Base Bid Proposal.
C. Selection of Alternate Bid Items; Basis of Award of Contract. The selection of
Bid Alternates for determination of the lowest Bid Proposal will be based upon
the Base Bid Proposal alone or, if Bid Alternates are requested, a combination of
the Base Bid Proposal and one or more Bid Alternates as selected by the City in
accordance with the following "blind bidding" procedures. After opening timely
submitted Bid Proposals and before the public reading of the Bid Proposals, City
staff who will not be engaged in the selection of Bid Alternates ("Clerical Staff')
will assign each Bidder an alphabetical letter for identification purposes. The
Clerical Staff will mask all portions of the Bid Proposal and other documents
submitted with Bid Proposals so that the identity of each Bidder and each listed
subcontractor is not revealed. The Clerical Staff will maintain a list ("Bidders
List") which identifies each Bidder's name and a corresponding alphabetical letter
assigned to each Bidder. After completing the Bidders List, the Clerical Staff will
publicly read the Bid Proposal amounts of each Bidder for the Base Bid as well as
each Bid Alternate. In this public reading, Bidders will not be identified by name,
only by alphabetical letter assigned to each Bidder. After the public reading of
Bid Proposals, the Clerical Staff will provide the Project Manager, Architect and
City staff responsible for selection of Bid Alternates ("Review Team") copies of
the Bid Proposals with the identities of Bidders and listed subcontractors masked.
Bid Proposals reviewed by the Review Team will identify Bidders only by
alphabetical letters. At such time as the Review Team has completed its review of
the Bid Proposals, has selected Bid Alternates and has determined which Bidder
(by the alphabetical letter designation assigned by Clerical Staff) has submitted
the lowest Bid Proposal based upon the Base Bid and any combination of the Bid
Alternates as determined by the Review Team, the Clerical Staff will make
available to the Review Team the Bidders List so that the identity of the Bidder to
be awarded the Contract can be identified. Until such time as the Review Team
has completed review of Bid Proposals and determination of which Bidder has
submitted the lowest responsive Bid Proposal, there will be no communication
between members of the Clerical Staff and members of the Review Team
regarding the identities of Bidders or listed subcontractors or any disclosure of
any portion of the Bidders List.
•
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS
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D. Alternate Bid Items Not Included in Award of Contract. During performance
. of the Work, it is the City's option to add or delete from the scope of the Work
Alternate Bid Items that were not included in the award of Contract. City may
elect to have work done at price(s) set forth in the Alternate Bid Items Proposal.
E. Responsive Bid Proposal. A responsive Bid Proposal shall mean a Bid Proposal
which conforms, in all material respects, to the Bid and Contract Documents.
F. Responsible Bidder. A responsible Bidder is a Bidder who has the capability in
all respects to perform fully the requirements of the Contract Documents andthe
moral and business integrity and reliability that will assure good faith
performance. In determining responsibility, the following criteria will be
considered: (i) the ability, capacity and skill of the Bidder to perform the Work of
the Contract Documents; (ii) whether the Bidder can perform the Work promptly
and within the time specified, without delay or interference; (iii) the character,
integrity, reputation, judgment, experience and efficiency of the Bidder; (iv) the
quality of performance of the Bidder on previous contracts, by way of example
only, the following information will be considered: (a) the administrative,
consultant or other cost overruns incurred by the City on previous contracts with
the Bidder; (b) the Bidder's compliance record with contract general conditions on
other projects; (c) the submittal by the Bidder of excessive and/or unsubstantiated
extra cost proposals and claims on other projects; (d) the Bidder's record for
completion of work within the contract time and the Bidder's compliance with the
scheduling and coordination requirements on other projects; (e) the Bidder's
demonstrated cooperation with the City and other contractors on previous
contracts; (f) whether the work performed and materials furnished on previous
contracts was in accordance with the Contract Documents; (v) the previous and
existing compliance by the Bidder with laws and ordinances relating to contracts;
(vi) the sufficiency of the financial resources and ability of the Bidder to perform
the work of the Contract Documents; (vii) the quality, availability and adaptability
of the goods or services to the particular use required; (viii) the ability of the
Bidder to provide future maintenance and service for the warranty period of the
Contract; (ix) whether the Bidder is in arrears on debt or contract or is a defaulter
on any surety bond; (x) such other information as may be secured by the City
having a bearing on the decision to award the Contract, to include without
limitation the ability, experience and commitment of the Bidder to properly and
reasonably plan, schedule, coordinate and execute the Work of the Contract
Documents and whether the Bidder has ever been debarred from bidding or found
ineligible for bidding on any other projects. The ability of a Bidder to provide the
required bonds will not of itself demonstrate responsibility of the Bidder. Upon
request of the City, Bidder must promptly submit satisfactory evidence of any of
the items listed above.
1.15 Subcontractors
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS
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A. Designation of Subcontractors; Subcontractors List. Each Bidder shall submit .
a list of its proposed Subcontractors for the proposed Work as required by the
Subletting and Subcontracting Fair Practices Act (California Public Contract Code
§§4100 et seq.) on the form furnished (Section 00215). The City may request that
one or more apparent low Bidders provide to the City within twenty four (24)
hours of bid opening the license numbers and value of work for each listed
subcontractor submitted by Bidder. Any Bidder's failure to comply with the
City's request may deem such Bidder's bid non-responsive and subject to
rejection by the City.
B. Work of Subcontractors. The organization or arrangements of the
Specifications and Drawings shall not limit the extent of the Work of the Contract
Documents. Accordingly, all Bidders are encouraged to disseminate all of the
Specifications, Drawings and other Contract Documents to all persons or entities
submitting sub-bids to the Bidder. The omission of any portion or item of Work
from the Bid Proposal or from the sub-bidders' sub-bids which is reasonably
inferable from the Contract Documents is not a basis for adjustment of the
Contract Price or the Contract Time.
1.16 Workers' Compensation Insurance. Pursuant to California Labor Code §3700, the
successful Bidder shall secure Workers' Compensation Insurance for its employees
engaged in the Work of the Contract. The successful bidder shall sign and deliver to the
City the Workers Compensation Insurance certificate provided in Section 00415 prior to •
performing any of the Work under the Contract.
1.17 Bid Security Return. The Bid Security of three or more low Bidders, the number being
solely at the discretion of the City, will be held by the City for ten (10) days after the
period for which Bid Proposals must be held open (which is set forth in the Call for Bids)
or until posting by the successful Bidder(s) of the bonds, certificates of insurance required
and return of executed copies of the Agreement, whichever first occurs, at which time the
Bid Security will be returned to them.
1.18 Forfeiture of Bid Security. If the Bidder awarded the Contract fails or refuses to
execute the Agreement within seven (7) days from the date of receiving notification that
it is the Bidder to whom the Contract has been awarded, the City may declare the
Bidders Bid Security forfeited as damages caused by the failure of the Bidder to enter
into the Contract and may thereupon award the Contract for the Work to the responsible
Bidder submitting the next lowest responsive Bid Proposal or may call for new bids, in
City's sole and exclusive discretion.
1.19 Contractor's License. No Bid Proposal will be considered from a Bidder who, at the
time Bid Proposals are opened, is not licensed to perform the Work of the Contract
Documents, in accordance with the Contractors License Law, California Business &
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS .
STANDARD SPECIFICATIONS 00020
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Professions Code §§7000 et seq. This requirement is not a mere formality and cannot be
• waived by the City or its City Council. The required California Contractor's License
classification(s) for the Work is set forth in the Call for Bids. The Contractor will be
required to maintain the license(s) through the duration of the Contract. Any questions
concerning a Contractor may be referred to the Registrar, Contractors' State License
Board, P.O. Box 2600, Sacramento, CA 95826. '
1.20 Anti-Discrimination. It is the policy of the City that there be no discrimination against
any prospective or active employee engaged in the Work because of race, color, ancestry,
national origin, religious creed, sex, age or marital status. All Bidders agree to comply
with the City 's anti-discrimination policy and all applicable Federal and California anti-
discrimination laws including but not limited to the California Fair Employment &
Housing Act beginning with California Government Code 12940 et seq. and California
Labor Code §1735. In addition, all Bidders agree to require like compliance by any
Subcontractor employed by them on the Work of the Contract.
1.21 Job-Walk.
A. City Conduct of Job-Walk. The City will conduct a Job Walk at the time and
place designated in the Call for Bids. Regardless of whether the Job Walk is or is
not designated as being mandatory, the City may, in its sole and exclusive
discretion, elect to conduct one or more Job Walks in addition to that set forth in the
Call for Bids, in which event the City shall notify all Bidders who have obtained the
. Contract Documents pursuant to the Call for Bids of any such additional Job Walk.
If the City elects to conduct any Job Walk in addition to that set forth in the Call for
Bids, the City shall, in its notice of any such additional Job Walks, indicate whether
Bidders' attendance at such additional Job-Walks is/are mandatory; in the event that
any such additional Job-Walks is/are designated as being mandatory, the provisions
of this section 1.21 shall be deemed to apply to such additional Job-Walks.
B. Mandatory Job Walk. If the Job Walk is designated in the Call for Bids as being
mandatory, the failure of any Bidder to have its authorized representative present at
the Job Walk will be grounds for the City to reject such bid and the Bid Proposal
will be returned to the Bidder unopened. Where the Job Walk is mandatory, a
Bidder may have more than one authorized representative and/or representatives of
its Subcontractors present at the Job Walk; provided, however that attendance by
representatives of the Bidder's Subcontractors without attendance by a
representative of the Bidder shall not be sufficient to meet the Bidder's obligations
hereunder and will be grounds for the City to declare the Bid Proposal of such
Bidder to be non-responsive. Notwithstanding any other provisions of the Call for
Bids or these Instructions for Bidders, in the event that the Job Walk is designated
in the Call for Bids as being mandatory, the City will not consider the Bid Proposal
of any Bidder who has obtained the Bid and Contract Documents, pursuant to Call
for Bids, after the date and time set forth therein for such mandatory Job Walk; any
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS
STANDARD SPECIFICATIONS 00020
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Bid Proposal submitted by any such Bidder shall be deemed non-responsive,
rejected and returned unopened to the Bidder submitting the same. •
C. Non-Mandatory Job Walk. Unless designated in the Call for Bids as being
mandatory, the Job Walk shall be deemed non-mandatory. The failure of any
Bidder to have its authorized representative(s) present at such non-mandatory Job
Walk shall not be a basis for deeming the Bid Proposal of such Bidder to be non-
responsive. The foregoing notwithstanding, all Bidders are encouraged to attend the
Job Walk. In the event that the Job Walk is not designated as being mandatory, Bid
and Contract Documents may be obtained by a Bidder, on or after the time
designated for the Job Walk; in such event, if such Bidder desires a Job Walk to be
conducted, it shall be the sole and exclusive responsibility of such Bidder to
request, in writing, that the City conduct an additional Job Walk. The City may, in
its sole and exclusive discretion, elect to conduct or not conduct such requested Job
Walk with consideration of factors such as the time remaining before the scheduled
closing time for the receipt of Bid Proposals; the City may condition the
conducting of such requested Job Walk upon reimbursement, by the Bidder
requesting such Job Walk, of the actual or reasonable costs of the City 's personnel
and/or the City 's agents or representatives in arranging for and conducting such Job
Walk. The election of the City not to conduct a Job Walk requested by a Bidder
obtaining the Contract Documents after the date and time designated in the Call for
Bids for the Job Walk shall not operate to waive, limit or restrict any of the
provisions of the Contract Documents, the Bidder's submittal of a Bid Proposal in
conformity with the Contract Documents, or if awarded the Contract, performance •
of the Work and other obligations in strict conformity with the Contract Documents.
If the City elects to conduct an additional Job Walk requested by a Bidder who has
obtained the Contract Documents after the time designated in the Call for Bids for
the Job Walk, the City shall notify all other Bidders who have theretofore obtained
the Contract Documents of such requested Job Walk and the date, time and place
where such requested Job Walk will be conducted and all such other Bidders may
attend such requested additional Job Walk.
1.22 Drug Free Workplace Certificate. In accordance with California Government Code
§§8350 et seq., the Drug Free Workplace Act of 1990, the successful Bidder will be
required to execute a Drug Free Workplace Certificate concurrently with execution of the
Agreement. The successful Bidder will be required to implement and take the affirmative
measures outlined in such provisions. Failure of the successful Bidder to comply with the
measures outlined in such provisions may result in penalties, including without
limitation, the termination of the Agreement, the suspension of any payment of the
Contract Price otherwise due under the Contract Documents and/or debarment of the
successful Bidder.
1.23 Compliance with Immigration Reform and Control Act of 1986. The Bidder is solely
and exclusively responsible for employment of individuals for the Work of the Contract
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS I-OR BIDDERS .
STANDARD SPECIFICATIONS 00020
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in conformity with the Immigration Reform and Control Act of 1986, 8 USC §§1101 et
. seq. ("IRCA"); the successful. Bidder shall also require that any person or entity
employing labor in connection with any of the Work of the Contract shall so similarly
comply with the IRCA.
1.24 Notice of Intent to Award Contract. Following the public opening and reading of Bid
Proposals, the City will issue a Notice of Intent to Award the Contract, identifying the
Bidder to whom the City intends to award the Contract and the date/time/place of the
City's City Council meeting at which award of the Contract will be considered.
1.25 Bid Protest. Any Bidder submitting a Bid Proposal to the City may file a protest of the
City's intent to award the Contract provided that each and all of the following are
r complied with:
A. The bid protest is in writing;
B. The bid protest is filed and received by the City's Community Development
Director not more than five (5) calendar days following the date of issuance of the
City 's Notice of Intent to Award the Contract; and
C. The written bid protest sets forth, in detail, all grounds for the bid protest,
including without limitation all facts, supporting documentation, legal authorities
and argument in support of the grounds for the bid protest; any matters not set
• forth in the written bid protest shall be deemed waived. All factual, contentions
must be supported by competent, admissible and creditable evidence.
Any bid protest not conforming to the foregoing shall be rejected by the City as
invalid. Provided that a bid protest is filed in strict conformity with the foregoing,
the City's Community Development Director or designee, shall review and
evaluate the basis of the bid protest. The City's Community Development
Director or designee shall provide the Bidder submitting the bid protest with a
written statement concurring with or denying the bid protest. The City's City
Council will render a final determination and disposition of a bid protest by taking
action to adopt, modify or reject the disposition of a bid protest as reflected in the
written statement of the City's Community Development Director or designee.
Action by the City's City Council relative to a bid protest shall be final and not
subject to appeal or reconsideration by the City, any employee or officer of the
City or the City 's City Council. The issuance of a written statement by the
Community Development Director (or designee) and subsequent action by the
City's City Council shall be express conditions precedent to the institution of any
legal or equitable proceedings relative to the bidding process, the City's intent to
award the Contract, the City's disposition of any bid protest or the City's decision
to reject all Bid Proposals. . In the event that any such legal or equitable
proceedings are instituted and the City is named as a party thereto, the prevailing
. CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS
STANDARD SPECIFICATIONS 00020
VERSION 08-07
PAGE 9 OF 1 I
party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and
costs incurred in connection with any such proceeding, including any appeal •
arising therefrom.
1.26 Public Records. All documents included in Bid Proposals become the exclusive
property of the City upon submittal to the City. All Bid Proposals and other documents
submitted in response to the Call for Bids become a matter of public record, except for
information contained in such Bid Proposals deemed to be Trade Secrets (as defined in
California Civil Code §3426.1). A Bidder that indiscriminately marks all or most of its
Bid Proposal as exempt from disclosure as a public record, whether by the notations of
"Trade Secret," "Confidential," "Proprietary," or otherwise, may render the Bid Proposal
non-responsive and rejected. The City is not liable or responsible for the disclosure of
such records; including those exempt from disclosure if disclosure is deemed required by
law, by an order of Court, or which occurs through inadvertence, mistake or negligence
on the part of the City or its officers, employees or agents. At such time as Bid Proposals
are deemed a matter of public record, pursuant to the above, any Bidder or other party
shall be afforded access for inspection and/or copying of such Bid Proposals, by request
made to the City in conformity with the California Access to Public Records Act,
California Government Code §§6250, et. seq.
1.27 Prevailing Wage Rates, Employment of Apprentices and Labor Compliance
Program.
A. Payment of Prevailing Wage Rates. The Bidder and all potential •
Subcontractors shall utilize the relevant prevailing wage rate determinations in the
PREVAILING WAGE SCALE established by the Director of the Department of
Industrial Relations in effect on the first advertisement date of the Notice to
Contractors Calling For Bids in preparing the Bid Proposal and all component
price quotations. Pursuant to Labor Code § 1773.2, copies of these determinations
are maintained at the City 's Business Services offices located at 8838 E. Valley
Blvd Rosemead CA 91770, and are available to any interested party upon request.
Copies of rate schedules are also available on the Internet at
ham://www.dir.ca.gov/DIR/S&R/statistics research.html.
B. Apprenticeship Committee Contract Award Information. Pursuant to Labor
Code §1777.5 and Title 8 California Code of Regulations §230, the Contractor
and Subcontractors of any tier who are not already approved to train by an
apprenticeship program sponsor shall, within ten (10) calendar days of signing the
Contract or Subcontract, as applicable, but in any event prior to the first day in
which the Contractor or Subcontractor has workers employed on the Project,
submit the Public Works Contract Award Information form (DAS form 140
included in Section 00900 of the Contract Specifications) to the appropriate local
apprenticeship committees whose geographic area of operation include the area of
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS .
STANDARD SPECIFICATIONS 00020
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PAGE 10 OF I I
u
the Project and who can supply apprentices to the Project. Contractors and
Subcontractors must also submit a copy of the forms to the City.
C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar
days of signing the Contract or Subcontract, as applicable, the Statement of
Employer Payments (DSLE Form PW 26 included in Section 00900 of the
Specifications) must be completed and submitted to the City by each Contractor
and Subcontractor of any tier who pays benefits to a third party trust, plan or fund
for health and welfare benefits, vacation funds or makes pension contributions.
The form must contain, for each worker classification, the fund or trust name,
address, administrator, and amount per hour contributed and frequency of
contributions. Training fund contributions must also be reported on this form.
See Article 4.21.9 of the Contract General Conditions.
D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors
submitting price quotations for portions of the Work of the requirements
concerning payment of prevailing wage rates, payroll records, hours of work,
employment of apprentices and the City 's LCP requirements and enforcement
procedures set forth in Article 4.21 of Section 00700 (General Conditions) and
Section 00900 of the Contract Specifications.
•
END OF SECTION
. CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL INSTRUCTIONS FOR BIDDERS
STANDARD SPECIFICATIONS 00020
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PAGE 11 OF I1
•
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0
SECTION 00025
BID PROPOSAL
• TO: City of Rosemead attn: Chris Marcarello Director of Public Works, 8838 E. Valley
. Blvd, California 91770.
FROM:
(Name of Bidder as listed on License)
(Address)
(Telephone) (Fax)
(Name(s) of Bidder's Authorized Representative(s) & Title)
1.01 Bid Proposal.
A. Bid Proposal Amount. Pursuant to and in compliance with the Notice to Contractors
Calling for Bids, the Instructions for Bidders and the other documents relating
thereto, the undersigned Bidder, having reviewed the Instructions for Bidders and all
other Contract Documents and upon compliance with all requirements therein with
reference to the submittal of this Bid Proposal, hereby proposes and agrees to perform
the Contract 'including, without limitation, all of its component parts; to perform
everything required to be performed; to provide and furnish any and all of the labor,
materials, tools, equipment, applicable taxes, and services necessary to perform the
Work of the Contract in strict compliance with the Contract Documents and complete
in a workmanlike manner all of the Work required for the Project described as:
For the sum of:
Base Bid Amount: $
Synthetic Asphalt Trail, (Bid Amount in Figures)
Dollars
(Bid Amount in Words)
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL BID PROPOSAL
STANDARD SPECIFICATIONS 00025
VERSION 08-07
PAGE I OF4
B. Acknowledgment of Bid Addenda. In submitting this Bid Proposal, the •
undersigned Bidder acknowledges receipt of all Bid Addenda issued by or on
behalf of the City, as set forth below. The Bidder confirms that this Bid Proposal
incorporates and is inclusive of, all items or other matters contained in Bid
Addenda.
(initial)
Addenda Nos.
received, acknowledged and
incorporated into this Bid Proposal.
C. Alternate Bid Items. The Bidder's price proposal(s) for Alternate Bid Items
is/are set forth in the form of Alternate Bid Item Proposal included herewith. The
Bidder acknowledges that the award of the Contract, if at all, shall be in
accordance with the Instructions for Bidders.
1.02 Rejection of Bid; Holding Open of Bid. It is understood that the City reserves the right
to reject this Bid Proposal and that this Bid Proposal shall remain open and not be
withdrawn for the period of time specified in the Call for Bids, except as provided by law.
1.03 Documents Comprising Bid Proposal. The undersigned Bidder has submitted as its
Bid Proposal the following: Bid Proposal (00210), List of Subcontractors (00215), Non-
Collusion Affidavit (00220), Statement of Bidder's Qualifications (00240), and Bid
Security (Cash, Cashier's Check, Certified Check or Bid Bond - 00260).
The Bidder acknowledges that if this Bid Proposal and the foregoing documents are not
fully in compliance with applicable requirements set forth in the Call for Bids, the
Instructions for Bidders and in each of the foregoing documents, the Bid Proposal may be
rejected as non-responsive.
1.04 Award of Contract. It is understood and agreed that if written notice of the acceptance
of this Bid Proposal and award of the Contract thereon is mailed or delivered by the City
to the undersigned after the opening of Bid Proposals and within the time this Bid
Proposal is required to remain open or at any time thereafter before this Bid Proposal is
withdrawn, the undersigned will execute and deliver to the City the Agreement in the
form attached hereto in accordance with the Bid Proposal as accepted within seven (7)
calendar days after notification of acceptance and award. Concurrently with delivery of
the executed Agreement to the City, the Bidder awarded the Contract shall deliver to the
City: (1) the Labor and Material Payment Bond; (2) the Performance Bond; (3) the Drug-
Free Workplace Certificate; (4) Certificates of Insurance evidencing all insurance
coverages required to be provided under the Contract Documents; and (5) the Certificate
of Workers' Compensation Insurance. The Work under the Contract Documents shall be
commenced by the undersigned Bidder, if awarded the Contract, on the date stated in the
City's Notice to Proceed issued pursuant to the Contract Documents. Completion of the
E
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL BID PROPOSAL
STANDARD SPECIFICATIONS 00025
VERSION 08-07
PAGE- 2 OF 4
Work and all Interim Milestones shall be achieved within the Contract Time and Interim
Milestones specified in the Contract Documents.
. 1.05 Notices. All notices or other correspondence shall be addressed to the City and the
Bidder at their respective addresses set forth herein. Notices shall be effective only if in
writing and in conformity with the requirements for service of notices set forth in the
Contract Documents.
1.06 Contractor's License. The undersigned Bidder is currently and duly- licensed in
accordance with the California Contractors License Law, California Business &
Professions Code §§7000 et seq., under the following:
License Number:
Class
Class
Expiration Date Class Expiration Date
Expiration Date Class Expiration Date
By executing this Bid Proposal, the Bidder hereby certifies that: (a) it is duly licensed, in
the necessary class(es), for performing the Work of the Contract Documents; (b) that such
license shall be in full force and effect throughout the duration of the performance of the
Work under the Contract Documents; and (c) that all Subcontractors providing or
performing any portion of the Work of the Contract Documents shall be so similarly and
appropriately licensed to perform or provide such portion of the Work.
•
1.07 Designation of Subcontractors. In compliance with the Subletting and Subcontracting
Pair Practices Act (California Public Contract Code §§4100, et seq.) and amendments
thereof, each Bidder shall set forth in the Subcontractors List: (a) the name and location
of the place of business of each Subcontractor who will perform work or labor or render
services to the Bidder in or about the construction of the Work to be performed under the
Contract Documents in an amount in excess of one-half of one percent (0.5%) of the
Bidder's Bid Proposal; and (b) the trade and/or portion of the Work which will be
performed by each listed Subcontractor. The Bidder shall list only one Subcontractor for
each trade and/or portion of the Work as is defined by the Bidder in its Bid Proposal. If a
Bidder fails to list a Subcontractor for a portion of the work in excess of one-half of one
percent (0.5%) of the Bidder's Bid Proposal or if the Bidder specifies more than one
Subcontractor for the same portion of Work to be performed under the Contract
Documents valued in excess of one-half of one percent (0.5%) of the Bidder's Bid
Proposal amount, the Bidder shall be deemed to have agreed that it is fully qualified to
perform that portion of the Work itself and that it shall perform that portion of the Work.
1.08 Confirmation of Figures. By submitting this Bid Proposal, the Bidder confirms that it
has checked all of the above figures and understands that neither the City nor any of its
agents, employees or representatives shall be responsible for any errors or omissions on
the part of the undersigned Bidder in preparing and submitting this Bid Proposal.
1.09 Acknowledgment and Confirmation. The undersigned Bidder acknowledges its
• CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL BID PROPOSAL
STANDARD SPECIFICATIONS 00025
VERSION 08-07
PAGE 3OF4
receipt, review and understanding of the Drawings, the Specifications and other Contract
Documents pertaining to the proposed Work. The undersigned Bidder certifies that the
Contract Documents are, in its opinion, adequate, feasible and complete for providing,
performing and constructing the Work in a sound and suitable manner for the use
specified and intended by the Contract Documents. The undersigned Bidder certifies that
it has, or has available, all necessary equipment, personnel, materials, facilities and
technical and financial ability to complete the Work for the amount bid herein within the
Contract Time and in accordance with the Contract Documents. The undersigned Bidder
certifies that its bid amount includes funds sufficient to allow the Bidder to comply with
all applicable local, state and federal laws and regulations governing the labor and
services to be provided for the performance of the Work of the Contract and shall
indemnify, defend and hold City harmless from and against any and all claims, demands,
losses, liabilities and damages arising out of or relating to Bidder's failure to comply with
applicable law in this regard.
By:
(Signature)
(Corporate Seal)
(Typed or printed Name of Bidder's Authorized Representative)
Title:
END OF SECTION
•
CJ
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL BID PROPOSAL •
STANDARD SPECIFICATIONS 00025
VERSION 08-07
PAGE 4 OF 4
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SECTION 00035
•
STATEMENT OF BIDDER'S QUALIFICATIONS
1.01 Bidder's Organization
A. Form of entity of Bidder, i.e, corporation, partnership,
If a corporation, state the following
State of Incorporation:
Date of Incorporation:
President/Chief Executive Officer:
Secretary:
Treasure/Chief Financial Officer:
2. If a partnership, state the following:
Date of Organization:
Type of Partnership (general, limited):
Namcs of all general partners; if any of the general partners are not natural
persons, provide the information for each such general partner requested
by Paragraphs 1.01.A.1, 1.01.A.2 and 1.0I.A.4 as appropriate:
u
3 If a proprietorship, state the following:
Names of all proprietors:
4. If a joint venture, state the following:
Date of organization:
Names of all Joint Venture members. For each Joint Venture member,
identify the form of entity and provide the information requested by
Paragraphs 1.0l.A.1, 1.01.A.2 and 1.01.1.C for each Joint Venture
member as appropriate:
• CITY OF ROSEME-AD PARK PEDESTRIAN TRAIL STATEMENT OF BIDDER'S QUALIFICATIONS
STANDARD SPECIFICATIONS 00035
VERSION 08-07
PAGE I OF 7
5. Bidder's form of entity is other than listed above, describe the type of
entity or organization and identify all principals or owners of equity in the
entity or organization
B. Number of years your organization has been in business as a contractor:
C. Number of years your organization has conducted business under its present
name:
1. If your organization has conducted business under a name or name style
different than your organization's present name, identify all prior name(s)
or name style(s):
2. For each name or name style identified in Paragraph 1.0l.C.1, state the
dates during which you conducted business under each name or style:
•
lJ
1.02 Financial
A. Attach a current audited, reviewed or compiled Financial Statement for your
organization prepared by a Certified Public Accountant licensed under the laws of
the State of California utilizing generally accepted accounting practices applied in
a consistent manner. The Financial Statement must include a current balance
sheet and income statement showing: (i) current assets (i.e., cash, accounts
receivable, accrued income, deposits, material inventory, etc.); (ii) net fixed
assets; (iii) other assets; (iv) current liabilities (i.e., accounts payable, accrued
salaries, accrued payroll taxes, etc.); and (v) other liabilities (i.e., capital, capital
stock, earned surplus, retained earnings, etc.).
B. Is the attached Financial Statement for the identical organization as the Bidder?
Yes No.
If not, explain the relationship and financial responsibility of the organization
whose Financial Statement is provided (i.e., parent/subsidiary, etc.).
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
STANDARD SPECIFICATIONS
STATEMENT OF BIDDER'S QUALIFICATIONS
00035
VERSION 08-07
PAGE 2 OF 7
•
1.03 Licensing
A. California Contractors License
License Number:
Expiration Date:
Responsible Managing Employee/Officer:
License Classification(s):
B. Has a claim or other demand ever been made against your organization's
California Contractors License Bond? Yes No
If yes, on a separate attachment, state the following: (i) the name, address and
telephone number of each person or entity making claim or demand; (ii) the date
of each claim or demand; (iii) the circumstances giving rise to each such claim or
demand; and (iv) the disposition of each such claim or demand.
C. Has a complaint ever been filed against your organization's California
Contractors License with the California Contractors State License Board?
Yes No
J
L
If yes, on a separate attachment, state the following for each complaint: (i) the
name, address and telephone number of each person or entity making the
complaint; (ii) the date of each complaint; (iii) the circumstances giving rise to
each such complaint; and (iv) the disposition of each such complaint, including
without limitation, any disciplinary or other action imposed or taken by the
California Contractors State License Board as a result of any such complaint.
D. Attach to this Statement true and correct copies of the following:
Your organization's California Contractors License (the copy must clearly
and legibly show: (i) the licensee name; (ii) the expiration date; (iii) the
classification(s) of licensure).
2. The Contractors License Bond posted by your organization in connection
with your California Contractors License pursuant to California Business
& Professions Code §§7071.5 and 7071.6.
3. If your organization's California Contractors License is issued by virtue of
the qualification of a responsible managing employee or responsible
managing officer, the Qualifiers Bond if required pursuant to California
Business & Professions Code §7071.9).
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL STATEMENT OF BIDDER'S QUALIFICATIONS
STANDARD SPECIFICATIONS 00035
VERSION 08-07
PAGE 3 OF 7
1.04 Experience
A. List the categories of work your organization typically performs with your own •
B. Claims and lawsuits (if you answer yes to any of the following, you must attach
details).
1. Have any lawsuits or other administrative, legal, arbitration or other
proceedings, ever been brought or commenced against your organization
or any of its principals, officers or equity owners in connection with any
construction contract or construction project? Yes No
If so, describe the circumstances, the amount demanded or other relief
demand and the disposition of each such lawsuit or other proceeding.
2. Has your organization ever filed a lawsuit or commenced other
administrative, legal or other proceedings in connection with any
construction contract or construction project? Yes No
If so, describe the circumstances, the amount demanded or other relief .
demand and the disposition of each such lawsuit or other proceeding.
3. Are there any judgments, orders, decrees or arbitration awards pending,
outstanding against your organization or any of the officers, directors,
employees or principals of your organization? Yes No
If so, describe each such judgment, order, decree or arbitration award and
the present status of the satisfaction or discharge thereof.
C. On a separate attachment, list all construction projects your organization has in
progress and for each project listed, state: (i) a general description of the work
performed by your organization on the project; (ii) the dollar value of the work
performed or to be performed by your organization; (iii) the owner's name, name
of the owner's representative and the address and telephone number of the owner
and the owner's representative; (iv) the project architect's name, address,
telephone number and contact person; (v) percent presently complete; and (vi) the
current scheduled completion date.
D. On a separate attachment, list all construction projects completed by your
organization in the past five (5) years and for each project identified, state: (i) a
CITY OF ROSEMEAD PARK PEDESTRIAN "TRAIL STATEMENTOF BIDDER'S QUALIFICATIONS
STANDARD SPECIFICATIONS 00035
VERSION 08-07
PACE 4 OF 7
general description of the work performed by your organization on the project; (ii)
• the dollar value of the work performed or to be performed by your organization;
(iii) the owner's name, name of the owner's representative and the address and
telephone number of the owner and the owner's representative; (iv) the project
architect's name, address, telephone number and contact person; (v) percent
presently complete; and (vi) the current scheduled completion date.
E. Has your organization ever refused to sign a contract awarded to it?
Yes No
if so, on a separate attachment, state the following: (i) describe each such
contract; (ii) the owner's name, address, telephone number and contact person;
and (iii) the circumstances of your refusal to sign such contract.
F. Has your organization ever failed to complete a construction contract?
Yes No
If so, on a separate attachment, state the following: (i) describe each such
contract; (ii) the owner's name, address, telephone number and contact person;
and (iii) the circumstances of your failure to complete such contract.
G. Has your organization ever been declared in default of a construction contract?
Yes No
E
If so, on a separate attachment, state the following: (i) describe each such
contract; (ii) the owner's name, address, telephone number and contact person;
and (iii) the circumstances of each such declaration of default.
H. Has any construction contract to which your organization is a party been
terminated for the convenience of the project owner? Yes No
If so, identify the project and project owner along with a description of the
circumstances under which the convenience termination occurred.
1. Has a claim or other demand ever been asserted against any Bid Bond,
Performance Bond, or Payment Bond posted by your organization in connection
with any construction contract or your submittal of a bid proposal for a
construction contract? Yes No
If so, on a separate attachment, state the following: (i) the name, address,
telephone number and contact person for each claimant; (ii) the date upon which
each such demand or claim was made; and (iii) the disposition of each such
demand or claim.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL STATEMENT OF BIDDER'S QUALIFICATIONS
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1.05 References (include name, contact person, telephone/FAX and address for each reference
provided)
A. Trade References (three (3) minimum)
B. Bank References
C. Public Works Inspectors of Record
D. Owner references (three (3) minimum, preferably California Cities) •
E. Insurance Carriers (General Liability, Auto, and Workers' Compensation)
F. Surety Firms (issuing your Bid, Performance and Payment Bonds)
1.06 Accuracy and Authority
The undersigned is duly authorized to execute this Statement of Bidders Qualifications
under penalty of perjury on behalf of the Bidder. The undersigned warrants and
CITY OF ROSEMEAll PARK PEDESTRIAN TRAIL STATEMENT 01' BIDDER'S QUALIFICATIONS
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represents that he/she has personal knowledge of each of the responses to this Statement
. of Bidder's Qualifications and/or that he/she has conducted all necessary and appropriate
inquiries to determine the truth, completeness and accuracy of responses to this Statement
of Bidder's Qualifications.
The undersigned declares and certifies that the responses to this Statement of Bidder's
Qualifications are complete and accurate; there are no omissions of material fact or
information that render any response to be false or misleading and there are no
misstatements of fact in any of the responses.
Executed this day of
20 at
(City and State)
I declare under penalty of perjury under California law that the foregoing is true and correct.
(Signature)
(Typed or written name)
END OF SECTION
•
• CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL STATEMENT OF BIDDER'S QUALIFICATIONS
STANDARD SPECIFICATIONS 00035
VERSION 08-07
PACE 7 OF 7
•
•
0
SECTION 00040
GENERAL CONDITIONS
TABLE OF CONTENTS
Page No.
ARTICLE 1: DEFINITIONS; GENERAL 5
ARTICLE 2: CITY
2.1
Information Required of City
8
2.2
City's Right to Stop the Work
8
2.3
Partial Occupancy or Use
8
2.4
The City's Inspector
9
ARTICLE 3
: ARCHITECT
3.1
Architect's Administration of the Contract
9
ARTICLE 4
: THE CONTRACTOR
4.1
Communications
l1
4.2
Contractor Review of Contract Documents
11
4.3
Site Investigation; Subsurface Conditions
12
4.4
Supervision and Construction Procedures
14
4.5
Labor and Materials
15
4.6
Taxes
17
4.7
Permits, Fees and Notices; Compliance with Laws
17
•
4.8
Submittals
18
4.9
Materials and Equipment
20
4.10
Safety
21
4.11
Hazardous Materials
22
4.12
Maintenance of Documents
23
4.13
Use of Site
24
4.14
Noise and Dust Control
24
4.15
Cutting and Patching
24
4.16
Clean-Up
25
4.17
Access to the Work
25
4.18
Information for the City's Inspector
25
4.19
Inspector's Field Office
25
4.20
Patents and Royalties
25
4.21
Prevailing Wage Rates; Employment of Apprentices
and Labor Compliance Program
25
4.22
Assignment of Antitrust Claims
35
ARTICLE 5: SUBCONTRACTORS
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9
5.1
Subcontracts
35
5.2
Substitution of Listed Subcontractor
35
ARTICLE 6:
INSURANCE; INDEMNITY; BONDS
6.1
Workers' Compensation Insurance; Employer's Liability Insurance
36
6.2
Commercial General Liability and Property Insurance
36
6.3
Builder's Risk "All-Risk" Insurance
37
6.4
Coverage Amounts
37
6.5
Evidence of Insurance; Subcontractor's Insurance
37
6.6
Maintenance of Insurance
38
6.7
Contractor's Insurance Primary
38
6.8
Indemnity
39
6.9
Payment Bond; Performance Bond
39
ARTICLE 7: CONTRACT TIME
7.1 Substantial Completion of the Work Within Contract Time 40
7.2 Progress and Completion of the Work 40
7.3 Progress Schedule 41
7.4 Adjustment of Contract Time 44
7.5 Liquidated Damages 46
7.6 Takeover 46
ARTICLE 8: CONTRACT PRICE
8.1 Contract Price 47
8.2 Cost Breakdown (Schedule of Values) 47 .
8.3 Progress Payments 47
8.4 Final Payment 51
8.5 Withholding of Payments 52
8.6 Payments to Subcontractors 53
ARTICLE 9: CHANGES
9.1
Changes in the Work
53
9.2
Oral Order of Change in the Work
54
9.3
Contractor Submittal of Data
54
9.4
Adjustment to Contract Price and Contract Time on Account
of Changes to the Work
54
9.5
Change Orders
58
9.6
Contractor Notice of Changes
58
9.7
Disputed Change
59
9.8
Emergencies
59
9.9
Minor Changes in the Work
59
9.10
Unauthorized Changes
59
ARTICLE 1
0: SEPARATE CONTRACTORS
10.1
City's Right to Award Separate Contracts
60
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10.2
City's Coordination of Separate Contractors
60
10.3
Mutual Responsibility
60
10.4
Discrepancies or Defects
60
ARTICLE 1
1: TESTS AND INSPECTIONS
11.1
Tests; Inspections; Observations
60
11.2
Delivery of Certificate
62
11.3
Timeliness of Tests, Inspections and Approvals
62
ARTICLE 12: UNCOVERING AND CORRECTION OF WORK
12.1
Inspection of the Work
62
12.2
Uncovering of Work
62
12.3
Rejection of Work
63
12.4
Correction of Work
63
12.5
Removal of Non-Conforming or Defective Work
63
12.6
Failure of Contractor to Correct Work
63
12.7
Acceptance of Defective or Non-Conforming Work
63
ARTICLE 13: WARRANTIES
13.1 -Workmanship and Materials 63
13.2 Warranty Work 64
13.3 Guarantee 64
13.4 Survival of Warranties 64
ARTICLE 14: SUSPENSION OF WORK
0 14.1 City's Right to Suspend Work 65
14.2 Adjustments to Contract Price and Contract Time 65
ARTICLE 15: TERMINATION
15.1 Termination for Cause 65
15.2 Termination for Convenience of the City 67
ARTICLE 16: MISCELLANEOUS
16.1
Governing Law
67
16.2
Successors and Assigns
67
16.3
.Cumulative Rights and Remedies; No Waiver
67
16.4
Severability
68
16.5
No Assignment by Contractor
68
16.6
Independent Contractor Status
68
16.7
Notices
68
16.8
Disputes; Continuation of Work
68
16.9
Dispute Resolution
68
16.10
No Attorney's Fees
68
16.11
Marginal Headings; Interpretations
69
16.12
Provisions Required by Law Deemed Inserted
69
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16.13 Entire Agreement
69
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GENERAL CONDITIONS
• ARTICLE]: DEFINITIONS; GENERAL
1.1 Architect. The Architect is the person or entity identified as such in the Agreement;
references to the "Architect" includes the Architect's authorized representative and his, her or its
successor(s).
1.2 Construction Equipment. "Construction Equipment" is equipment utilized for the
performance of any portion of the Work, but which is not incorporated into the Work.
1.3 Contract Documents. The Contract Documents consist of the Agreement between the City
and the Contractor, Conditions of the Contract (whether General, Special or otherwise), Drawings,
Specifications, including addenda thereto issued prior to execution of the Agreement and any other
documents listed in the Agreement. The Contract Documents shall include modifications issued
after execution of the Agreement. The Contract Documents form the Contract for Construction.
1.4 Contract Document Terms. The term "provide" means "provide complete in place" or to
"furnish and install" such item. Unless otherwise provided in the Contract Documents, the terms
"approved;" "directed;" "satisfactory;" "accepted;" "acceptable;" "proper;" "required;" "necessary"
and "equal" shall mean as approved, directed, satisfactory, accepted, acceptable, proper, required,
necessary and equal, in the opinion of the City, its agents or representatives. The term "typical" as
used in the Drawings shall require the installation or furnishing of such item(s) of the Work
designated as "typical" in all other similar areas; Work in such other areas shall conform to that
shown as "typical" or as reasonably inferable therefrom.
1.5 Contractor. The Contractor is the person or entity identified as such in the Agreement;
• references to "Contractor" include the Contractors authorized representative.
1.6 Contractor's Superintendent. The Contractor's Superintendent is the individual employed
by the Contractor whose principal responsibility shall be the supervision and coordination of the
Work; the Contractor's Superintendent shall not perform routine construction labor.
1.7 Days. Unless otherwise expressly stated, references to "days" in the Contract Documents
shall be deemed to be calendar days.
1.8 Deferred Approval Items. Deferred approval items are those items that shall not be started
until detailed plans, specifications, and engineering calculations have been accepted and signed by
the Architect or Engineer.
1.9 City. The "City" refers to City Council and its authorized representatives, including the
Project Manager, the City's Council Members and the City's officers, employees, agents and
representatives.
1.10 City's Inspector. The City's Inspector is the individual designated and employed by the City
in accordance with the requirements of Title 24.of the California Code of Regulations. The City's
Inspector shall be authorized to act on behalf of the City as provided for in the Contract Documents
and in Title 24 of the California Code ol'Regulations, as the same may be amended from time to
time.
1.11
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GENERAL CONDITIONS
STANDARD SPECIFICATIONS
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1.12 Drawings and Specifications. The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing generally, the design, location
and dimensions of the Work and may include without limitation, plans, elevations, sections, details,
schedules, notes or diagrams. The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards,
criteria and workmanship for the Work and related services. The Drawings and Specifications are
intended to delineate and describe the Work and its component parts so as to permit skilled and
competent contractors to bid upon the Work and prosecute the same to completion.
1.13 Intent and Correlation of Contract Documents.
1.13.1 Work of the Contract Documents. The intent of the Contract Documents is to
include all items necessary for the proper execution and completion of the Work by the
Contractor. The Contract Documents are complementary and what is required by one shall
be as binding as if required by all. Performance by the Contractor shall be required to the
extent consistent with the Contract Documents and reasonably inferable there from as being
necessary to produce the intended results. Organization of the Specifications into divisions,
sections or articles, and the arrangement of Drawings shall not control the Contractor in
dividing the Work among Subcontractors or in establishing the extent of Work to be
performed by any trade. Where any portion of the Contract Documents is silent and
information appears elsewhere in the Contract Documents, such other portions of the
Contract Documents shall control. Work not particularly detailed, marked or specified shall
be the same as similar parts that are detailed, marked or specified.
1.13.2 Technical Terms. Unless otherwise stated in the Contract Documents, words or
terms, which have, well-known technical or construction industry meanings are used in the
Contract Documents in accordance with such recognized meanings. •
1.13.3 Conflict in Contract Documents. The Contract Documents are intended to be fully
cooperative and to agree. If Contractor observes any conflict, inconsistency or ambiguity,
Contractor shall promptly notify the City and the Architect in writing of such conflict,
inconsistency or ambiguity prior to commencement of affected Work. If a conflict,
inconsistency or ambiguity arises, the following order or precedence shall generally apply,
provided, however, that the order of precedence shall not be so rigidly interpreted as to create
an absurd or costly result: Special Conditions shall take precedence over General Conditions,
Specifications shall take precedence over Drawings and shall govern as to materials,
workmanship and installation procedures. Plans identify the scope and location of the Work.
With regard to Drawings, figures govern over scaled dimensions, larger details govern over
general drawings, addenda and change order drawings govern over contract drawings,
contract drawings govern over standard drawings.
1.14 Material Supplier. A Material Supplier is any person or entity who only furnishes
materials, equipment or supplies for the Work without fabricating, installing or consuming them in
the Work.
1.15 Project. The Project is the total construction of which the Work performed by the Contractor
under the Contract Documents may be the whole or a part of the Project and which may include
construction by the City or by separate contractors.
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•
VERSION 08-07
PAGE 6 OF 65
1.16 Project Manager. The Project Manager, if any, is the individual or entity designated as such
in the Special Conditions. The Project Manager is an independent contractor retained by the City
• and shall be authorized and empowered to act on behalf of the City. The removal or replacement of
the designated Project Manager shall not result in adjustment of the Contract Price or the Contract
Time or otherwise affect, limit or restrict Contractors obligations hereunder.
1.17 Record Documents. The Record Documents are a set of the Drawings and Specifications
marked by the Contractor during the performance of the Work to indicate completely and accurately
the actual as-built condition of the Work. The Record Documents shall be sufficient for a capable
and qualified draftsman to modify the Drawings to reflect and indicate the Work actually in place at
Final Completion of the Work.
1.18 Shop Drawings; Samples; Product Data ("Submittals"). Shop Drawings are diagrams,
schedules and other data specially prepared for the Work by the Contractor or a Subcontractor of any
tier, manufacturer, Material Supplier, or distributor to illustrate some portion of the Work. Samples
are physical examples of materials, equipment or workmanship forming a part of, or to be
incorporated into the Work. Product Data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the Contractor to illustrate
materials or equipment for some portion of the Work. Shop Drawings, Samples and Product Data
prepared or furnished by the Contractor or any of its Subcontractors or Material Suppliers are
collectively referred to as "Submittals".
1.19 Site. The Site is the physical area designated in the Contract Documents for Contractor's
performance, construction and installation of the Work.
1.20 Subcontractors; Sub-Subcontractors. A Subcontractor is a person or entity who has a
direct contract with the Contractor to perform a portion of the Work. "Subcontractor" does not
• include a separate contractor to the City or subcontractors of any separate contractor. A Sub-
Subcontractor is a person or entity of any tier, who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site.
1.21 Special Conditions. If made a part of the Contract Documents, Special Conditions are
special or supplemental provisions, not otherwise provided for in the Agreement or the General
Conditions.
1.22 Surety. The Surety is the person or entity that executes, as surety, the Contractor's Labor and
Material Payment Bond and/or Performance Bond or other bonds provided by the Contractor.
1.23 Work. The "Work" is the construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor, materials, equipment or
services provided or to be provided by the Contractor to ful fill the Contractor's obligations under the
Contract Documents. The Work may constitute the whole or a part of the Project.
ARTICLE 2: CITY
2.1 Information Required of City.
2.1.1 Surveys; Site Information. City may provide information concerning physical
characteristics of the Site. Information not provided by the City concerning physical
• CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL GENERAL CONDITIONS
STANDARD SPECIFICATIONS 00040
VERSION 08-07
PAGE 7 OF 65
characteristics of the Site, which is required, shall be obtained by Contractor without
adjustment to the Contract Price or the Contract Time.
2.1.2 Drawings and Specifications. All of the Drawings and the Specifications shall •
remain the property of the City; the Contractor shall not use the Drawings or the
Specifications in connection with any other work of improvement other than the Work of the
Project.
2.1.3 Furnishing of Information. Information or services to be provided by the City
under the Contract Documents shall be furnished by the City with reasonable promptness to
avoid delay in the orderly progress of the Work. Information about existing conditions
furnished by the City under the Contract Documents is obtained from sources believed to be
reliable, but the City neither guarantees nor warrants that such information is complete and
accurate. The Contractor shall verify all information provided by the City. To the extent that
the Contract Documents depict existing conditions on or about the Site, or the Work involves
the renovation, removal or remodeling of existing improvements, or the Work involves any
tie-in or other connection with any existing improvements, the conditions and/or existing
improvements depicted in the Contract Documents are as they are believed to exist.
2.2 City's Right to Stop the Work. In addition to the City's right to suspend the Work or
terminate the Contract pursuant to the Contract Documents, the City may, by written order, direct the
Contractor to stop the Work, or any portion thereof, until the cause for such stop work order has been
eliminated, if the Contractor: (i) fails to correct Work which is not in conformity and in accordance
with the requirements of the Contract Documents, or (ii) otherwise fails to carry out the Work in
conformity and accordance with the Contract Documents. The right of the City to stop the Work
hereunder shall not be deemed a duty on the part of the City to exercise such right for the benefit of
the Contractor or any other person or entity, nor shall the City's exercise of such right waive or limit •
the exercise of any other right or remedy of the City under the Contract Documents or at law.
2.3 Partial Occupancy or Use
2.3.1 City's Right to Partial Occupancy. The City may occupy or use any completed or
partially completed portion of the Work, provided that the City and the Contractor have
accepted, in writing, the responsibilities assigned to each of them for payments, retainage, if
any, security, maintenance, utilities, damage to the Work, insurance and the period for
correction of the Work and commencement of warranties required by the Contract
Documents for such portion of the Work partially used or occupied by the City. If the
Contractor and the City are unable to agree upon the matters set forth above, the City may
nevertheless use or occupy any portion of the Work, with the responsibility for such matters
subject to resolution in accordance with the Contract Documents. Immediately prior to such
partial occupancy or use of the Work, or portions thereof, the City, the City's Inspector, the
Contractor and the Architect shall jointly inspect the portions of the Work to be occupied or
to be used to determine and record the condition of the Work. The City's use or occupancy
of the Work or portions thereof pursuant to the preceding shall not be deemed "completion"
of the Work as that term is used in Public Contract Code §7107.
2.3.2 No Acceptance of Defective or Nonconforming Work. Unless otherwise expressly
agreed upon by the City and the Contractor, the City's partial occupancy or use of the Work
or any portion thereof, shall not constitute the City's acceptance of the Work not complying
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL GENERAL CONDITIONS •
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with the requirements of the Contract Documents or which is otherwise defective.
2.4 The City's Inspector. In addition to the authority and rights of the City's Inspector as
• provided for elsewhere in the Contract Documents, all of the Work shall be performed under the
observation of the City's Inspector in accordance with the provisions of Title 24 of the California
Code of Regulations. The City's Inspector shall have access to all parts of the Work at any time,
wherever located, including shop inspections, and whether partially or completely fabricated,
manufactured, furnished or installed. The performance of the duties of the City's Inspector under the
Contract Documents shall not relieve or limit the Contractor's performance of its obligations under
the Contract Documents.
ARTICLE 3: ARCHITECT
3.1 Architect's Administration of the Contract.
3.1.1 Administration of Contract. The Architect will provide administration of the
Contract as described in the Contract Documents, and will be one of the City's
representatives during construction until the time that Final Payment is due the Contractor.
The Architect will advise and consult with the City, the Project Manager and the City's
Inspector with respect to the administration of the Contract and the Work. The Architect
shall have the responsibilities and powers established by law, including Title 24 of the
California Code of Regulations.
3.1.2 Periodic Site Inspections. The Architect will visit the Site at intervals appropriate to
the stage of construction to become generally familiar with the progress and quality of the
completed Work and to determine, in general, if the Work is being performed in a manner
• indicating that the Work, when completed, will be in accordance with the Contract
Documents. The Architect will not be required to make exhaustive or continuous Site
inspections to check quality or quantity of the Work. On the basis of Site observations as an
architect, the Architect will keep the City informed of the progress of the Work, and will
endeavor to guard the City against defects and deficiencies in the Work.
3.1.3 Contractor Responsibility for Construction Means, Methods and Sequences.
The Architect will not have control over or charge of and will not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, these being solely the Contractor's responsibility.
The Architect will not have control over or charge of and will not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work.
3.1.4 Verification of Applications for Payment. In accordance with Article 8 hereof, the
Architect will review the Contractor's Applications for Progress Payments and for Final
Payment, verify the extent of Work performed and the amount properly due the Contractor
on such Application for Payment.
3.1.5 Rejection of Work. The Architect is authorized to reject Work which is defective or
does not conform to the requirements of the Contract Documents. Whenever the Architect
considers it necessary or advisable, additional inspections or testing of the Work may be
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
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conducted, whether or not such Work is fabricated, installed or completed. Neither this
authority of the Architect nor a decision made in good faith by the Architect to exercise or
not to exercise such authority shall give rise to a duty or responsibility to the Contractor, •
Subcontractors, Material Suppliers, their agents or employees, or other persons performing
portions of the Work.
3.1.6 Architect's Review of Submittals. The Architect will review and approve or take
other appropriate action upon the Contractor's Submittals, but only for the limited purpose of
checking for conformance with the design concept expressed in the Contract Documents.
Review of Submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Contract Documents. The Architect's
review of the Contractor's Submittals shall not relieve the Contractor of its obligations under
the Contract Documents. The Architect's review of Submittals shall not constitute approval
of safety measures, programs or precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item in a Submittal shall not indicate approval of an
assembly of which the item is a component. The Architect's review and return of Submittals
will normally require a minimum of twenty one (21) days from date of receipt of complete
submittal. Deferred approval submittals indicated in the Contract Documents require
additional time for processing and review of all submittals.
3.1.7 Changes to the Work; Change Orders. The Architect will prepare Change Orders
and may authorize minor changes in the Work in accordance with Article 9.9 hereof
3.1.8 Completion. The Architect will conduct observations to determine the date(s) of
interim milestones, if any, and the dates of Substantial and Final Completion. The Architect .
will verify that the Contractor has complied with all requirements of the Contract Documents
and is entitled to receipt of Final Payment.
3.1.9 Interpretation of Contract Documents. The Architect will interpret and decide matters
concerning the requirements of the Contract Documents on written request of either the City or the
Contractor, or as deemed necessary. The Architect's response to such requests will be made in
writing with reasonable promptness and within the time limits specified in the Contract Documents.
Interpretations and decisions of the Architect will be consistent with the intent of and reasonably
inferable from the Contract Documents and will be in writing or in the form of drawings with
transmittal letter. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both the City and the Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith. The Architect's
decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in
the Contract Documents.
ARTICLE 4: THE CONTRACTOR
4.1 Communications. All communications regarding the Work, the performance thereof or the
Contract Documents shall be in writing; oral communications, unless reduced to writing, are not
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binding on the parties. Communications between the Contractor and the City shall be through the
Project Manager. Communications between separate contractors, if any, shall be through the Project
• Manager. Contractor shall make all written communications concerning the Project available to the
City upon request.
4.2 Contractor Review of Contract Documents.
4.2.1 Examination of Contract Documents. The Contractor shall carefully study and
compare the Contract Documents with each other and with information furnished by the City
pursuant to the Contract Documents and shall at once report to the City any errors,
inconsistencies or omissions discovered. If the Contractor performs any Work knowing, or
with reasonable diligence should have known that, it involves an error, inconsistency or
omission in the Contract Documents without prior written notice to the City of the same, the
Contractor shall assume full responsibility for such performance and shall bear all
attributable costs for correction of the same.
4.2.2 Field Measurements. Prior to commencement of the Work, or portions thereof, the
Contractor shall take field measurements and verify field conditions at the Site and shall
carefully compare such field measurements and conditions and other information known to
the Contractor with information provided in the Contract Documents. Errors, inconsistencies
or omissions discovered shall be reported to the City at once.
4.2.3 Dimensions; Layouts and Field Engineering. Dimensions indicated in the
Drawings are intended for reference only. The Contractor shall be solely responsible for
dimensioning and coordinating the Work of the Contract Documents. All field engineering
. required for laying out the Work and/or establishing grades for earthwork operations shall be
by the Contractor at its expense. Any field engineering or other engineering to be provided or
performed by the Contractor under the Contract Documents and required or necessary for the
proper execution or installation of the Work shall be provided and performed by an engineer
duly registered under the laws of the State of California in the engineering discipline for such
portion of the Work.
4.2.4 Request for Information. If the Contractor encounters any condition which the
Contractor believes, in good faith and with reasonable basis, is the result of an ambiguity,
conflict, error or omission in the Contract Documents (collectively "the Conditions"), it shall
be the affirmative obligation of the Contractor to timely notify the City, in writing, of the
Conditions encountered and to request information from the City necessary to address and
resolve any such Conditions before proceeding with any portion of the Work affected or
which maybe affected by such Conditions. If the Contractor fails to timely notify the City in
writing of any Conditions encountered and the Contractor proceeds to perform any portion of
the Work containing or affected by such Conditions, the Contractor shall bear all costs
associated with or required to correct, remove, or otherwise remedy any portion of the Work
affected thereby without adjustment of the Contract Time or the Contract Price. The
Contract Time shall not be subject to adjustment in the event that the Contractor fails to
timely request infornation from the Architect. The Architect's responses to any such
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Contractor request for information shall be provided within five (5) days. The foregoing
provisions notwithstanding, in the event that the Architect reasonably determines that any of
Contractor's request(s) for information: (i) does not reflect adequate or competent
supervision or coordination by the Contractor or any Subcontractor; or (ii) does not reflect
the Contractors adequate or competent knowledge of the requirements of the Work or the
Contract Documents; or (iii) is not justified for any other reason, Contractor shall be liable to
the City for all costs incurred by the City associated with the processing, reviewing,
evaluating and responding to any such request for information, including without limitation,
fees of the Architect and any other design consultant to the Architect or the City.
4.3
4.2.5 Work in Accordance With Contract Documents. The Contractor shall perform all
of the Work in strict conformity with the Contract Documents and approved Submittals.
Site Investigation; Subsurface Conditions.
4.3.1 Contractor Investigation. The Contractor shall be responsible for, and by executing
the Agreement acknowledges, that it has carefully examined the Site and has taken all steps it
deems reasonably necessary to ascertain all conditions which may affect the Work, or the
cost thereof, including, without limitation, conditions bearing upon transportation, disposal,
handling or storage of materials; availability of labor or utilities; access to the Site; and the
physical conditions and the character of equipment, materials, labor and services necessary to
perform the Work. Any failure of the Contractor to do so will not relieve it from the
responsibility for fully and completely performing all Work without adjustment to the
Contract Price or the Contract Time. The City assumes no responsibility to the Contractor
for any understandings or representations concerning conditions or characteristics of the Site,
or the Work, made by any of its officers, employees or agents prior to the execution of the
Agreement, unless such understandings or representations are expressly set forth in the
Agreement.
4.3.2 Subsurface Data. By executing the Agreement, the Contractor acknowledges that it
has examined the subsurface data available and satisfied itself as to the character, quality and
quantity of surface and subsurface materials, including without limitation, obstacles which
may be encountered in performance of the Work, insofar as this information is reasonably
ascertainable from an inspection of the Site, review of available subsurface data and analysis
of information furnished by the City under the Contract Documents. Subsurface data or
other soils investigation report provided by the City hereunder are not a part of the Contract
Documents. Information contained in such data or report regarding subsurface conditions,
elevations of existing grades, or below grade elevations are approximate only and is neither
guaranteed nor warranted by the City to be complete and accurate. The Contractor shall
examine all subsurface data to make its own independent interpretation of the subsurface
conditions and acknowledges that its bid is based upon its own opinion of the conditions
which may be encountered. The City assumes no responsibility for any conclusions or
interpretations made by Contractor on the basis of available subsurface data or other
information furnished by City under the Contract Documents.
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4.3.3 Subsurface Conditions.
• 4.3.3.1 Procedures. If the Work under the Contract Documents involves digging
trenches or other excavations that extend deeper than four feet below the surface, the
Contractor shall promptly and before the following conditions are disturbed, notify the
City's Inspector, in writing, of any: (i) material that the Contractor believes may be
material that is hazardous waste, as defined in California Health and Safety Code
§25117, that is required to be removed to a Class I or Class 11 or Class 111 disposal site in
accordance with provisions of existing law; (ii) subsurface or latent physical conditions
at the site differing from those indicated by information about the site made available to
Contractor prior to award of the Contract; or (iii) unknown physical conditions at the site
of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in the Work or the character provided for in the Contract
Documents. If upon notice to the City of the conditions described above and upon the
City's investigation thereof, the City determines that the conditions so materially differ or
involve such hazardous materials which require an adjustment to the Contract Price or
the Contract Time, the City shall issue a Change Order in accordance with Article 9
hereof. In accordance with California Public Contract Code §7104, any dispute arising
between the Contractor and the City as to any of the conditions listed in (i), (ii) or (iii)
above, shall not excuse the Contractor from the completion of the Work within the
Contract Time and the Contractor shall proceed with all Work to be performed under the
Contract Documents. The City reserves the right to terminate the Contract pursuant to
Article 15.2 hereof should the City determine not to proceed because of any condition
described in (i), (ii) or (iii) above.
. 4.3:3.2 Trenching. For all excavations in excess of five (5) feet involving an
estimated expenditure in excess of $25,000, Contractor shall submit to the City for
acceptance a detailed Drawing showing the design of shoring, bracing, sloping or other
provisions to be made for the protection of workmen from the hazard of caving ground.
If such design varies from the standards established by the Construction Safety Orders of
the California Division of Industrial Safety, the Drawing shall be prepared by a registered
civil or structural engineer. None of the aforementioned trenching shall be started before
Contractor receives notification of acceptance from the City. Contractor shall comply
with all other applicable requirements of California Labor Code §6705, and as therein
provided, no provisions of that Section or this Section shall be construed to impose tort
liability upon the City. In any event, Contractor shall not commence any excavation
work until it has secured all necessary permits including the required CAL OSHA
excavation/shoring permit. Any permits shall be prominently displayed on the Project
premises prior to commencement of any excavation.
4.4 Supervision and Construction Procedures.
4.4.1 Supervision of the Work. The Contractor shall supervise and direct performance of
the Work, using the Contractor's best skill and attention. The Contractor shall be solely
responsible for, and have control over, construction means, methods, techniques, sequences
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and procedures and for coordinating all portions of the Work under the Contract Documents,
unless Contract Documents give other specific instructions concerning these matters. The
Contractor shall be responsible for inspection of completed orpartially completed portions of •
Work to determine that such portions are in proper condition to receive subsequent Work.
4.4.2 Responsibility for the Work; Coordination of the Work. The Contractor shall be
responsible to the City for acts and omissions of the Contractor's employees, Subcontractors
and their agents and employees, and all other persons performing any portion of the Work
under a contract with the Contractor. The Contractor shall not be relieved of the obligation
to perform the Work in accordance with the Contract Documents either by activities or duties
of the Project Manager, City's Inspector or the Architect in the Architect's administration of
the Contract, or by tests, inspections or approvals required or performed by persons other
than the Contractor. The Contractor shall be responsible for all necessary or appropriate
coordination of the Work and component parts thereof so that Substantial Completion of the
Work will be achieved within the Contract Time and the Work will be completed for the
Contract Price. The coordination of the Work is a material obligation of the Contractor
hereunder and shall include without limitation, conducting regular coordination meetings
with its Subcontractors and Material Suppliers, sequencing the operations of Subcontractors
and Material Suppliers, and adapting its planned means, methods and sequences of
construction operations as necessary to accommodate field or changed conditions at the Site.
4.4.3 Surveys. The Contractor shall prepare or cause to be prepared all detailed surveys
necessary for performance of the Work. The Contractor shall be responsible for the
establishment, location, maintenance and preservation of benchmarks, reference points and
stakes for the Work, the cost of which shall be included within the Contract Price. The .
Contractor shall be solely responsible for all loss or costs resulting from the loss, destruction,
disturbance or damage of benchmarks, reference points or stakes.
4.4.4 Construction Utilities. The Contractor shall arrange for the furnishing of and shall
pay the costs of all utility services, including, without limitation, electricity, water, gas and
telephone necessary for performance of the Work and the Contractor's obligations under the
Contract Documents. The Contractor shall furnish and install necessary or appropriate
temporary distributions of utilities, including meters, to the Site. Any such temporary
distributions shall be removed by the Contractor upon completion of the Work. The costs of
all such utility services, including the installation and removal of temporary distributions
thereof, shall be borne by the Contractor and included in the Contract Price.
4.4.5 Existing Utilities; Removal, Relocation and Protection. In accordance with
California Government Code §4215, the City shall assume the responsibility for the timely
removal, relocation, or protection of existing main or trunkline utility facilities located on the
Site which are not identified in the Drawings, Specifications or other Contract Documents.
Contractor shall be compensated for the costs of locating, repairing damage not due to the
Contractor's failure to exercise reasonable care, and removing or relocating such utility
facilities not indicated in the Drawings, Specifications and other Contract Documents with
reasonable accuracy, and for equipment on the Site necessarily idled during such work.
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Contractor shall not be assessed Liquidated Damages for delay in completion of the Work
when such delay is caused by the failure of the City or the utility City to provide for removal
. or relocation of such utility facilities. Nothing in this Article 4.4.5 shall be deemed to require
the City to indicate the presence of existing service laterals or appurtenances whenever the
presence of such utilities on the Site can be inferred from the presence of other visible
facilities, such as buildings, meters and junction boxes, on or adjacent to the Site. If the
Contractor encounters utility facilities not identified by the City in the Drawings,
Specifications, or other Contract Documents, the Contractor shall immediately notify, in
writing, the City and the utility owner. In the event that such utility facilities are owned by a
public utility, the public utility shall have the sole discretion to perform repairs or relocation
work or permit the Contractor to do such repairs or relocation work at a price determined in
accordance with Article 9 of these General Conditions.
4.5 Labor and Materials.
4.5.1 Payment for Labor, Materials and Services. Unless otherwise provided in the
Contract Documents, the Contractor shall provide and pay for labor, materials, equipment,
tools, applicable taxes, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated in
the Work.
4.5.2 Employee Discipline and Skills. The Contractor shall enforce strict discipline and
good order among the Contractor's employees, the employees of any Subcontractor of any
tier, and all other persons performing any part of the Work at the Site. The Contractor shall
• not permit employment of unfit persons or persons not skilled in tasks assigned to them. The
Contractor shall dismiss from its project employees and direct any Subcontractor of any tier
to dismiss from their employment on the project any person deemed by the City to be unfit or
incompetent to perform Work and thereafter, the Contractor shall not employ nor permit the
employment of such person for performance of any part of the Work without the prior
written consent of the City, which consent may be withheld in the reasonable discretion of
the City.
4.5.3 Contractor's Superintendent and Project Manager. The Contractor shall employ
a competent superintendent, project manager and all necessary assistants who shall be in
attendance at the Site at all times during performance of the Work. The Contractor's
communications relating to the Work or the Contract Documents shall be through the
Contractor's superintendent and/or project manager. The superintendent shall represent the
Contractor at the Site and communications given to the superintendent shall be binding as if
given to the Contractor. The Contractor shall dismiss from the project the superintendent,
project manager or any of his/her assistants if they are deemed, in the sole reasonable
judgment of the City, to be unfit, incompetent or incapable of performing the functions
assigned to them. In such event, the City shall have the right to approve of the replacement
superintendent, project manager or assistant.
4.5.4 Prohibition on Harassment.
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4.5.4.1 City's Policy Prohibiting Harassment. The City is committed to providing
a campus and workplace free of sexual harassment and harassment based on factors such •
as race, color religion, national origin, ancestry, age, medical condition, marital status,
disability or veteran status. Harassment includes without limitation, verbal, physical or
visual conduct which creates an intimidating, offensive or hostile environment such as
racial slurs; ethnic jokes; posting of offensive statements, posters or cartoons or similar
conduct. Sexual harassment includes without limitation the solicitation of sexual favors,
unwelcome sexual advances, or other verbal, visual or physical conduct of a sexual
nature.
4.5.4.2 Contractor's Adoption of Anti-Harassment Policy. Contractor shall adopt
and implement all appropriate and necessary policies prohibiting any form of
discrimination in the workplace, including without limitation harassment on the basis of
any classification protected under local, state or federal law, regulation or policy.
Contractor shall take all reasonable steps to prevent harassment from occurring,
including without limitation affirmatively raising the subject of harassment among its
employees, expressing strong disapproval of any form of harassment, developing
appropriate sanctions, informing employees of their right to raise and how to raise the
issue of harassment and informing complainants of the outcome of an investigation into a
harassment claim. Contractor shall require that any Subcontractor or Sub-subcontractor
performing any portion of the Work to adopt and implement policies in conformity with
this Article 4.5.4.
4.5.4.3 Prohibition on Harassment at the Site. Contractor shall not permit any •
person, whether employed by Contractor, a Subcontractor, Sub-subcontractor, or any
other person or entity, performing any Work at or about the Site to engage in any
prohibited form of harassment. Any such person engaging in a prohibited form of
harassment directed to any individual performing or providing any portion of the Work at
or about the Site shall be subject to appropriate sanctions in accordance with the anti-
harassment policy adopted and implemented pursuant to Article 4.5.4.2 above. Any
person performing or providing Work on or about the Site who engages in a prohibited
form of harassment directed to any student, faculty member or staff of the City or
directed to any other person on or about the Site shall be subject to immediate removal
and shall be prohibited thereafter from providing or performing any portion of the Work.
Upon the City's receipt of any notice or complaint that any person employed directly or
indirectly by Contractor in performing or providing the Work has engaged in a prohibited
form of harassment, the City will promptly undertake an investigation of such notice or
complaint. In the event that the City, after such investigation, reasonably determines that
a prohibited form of harassment has occurred, the City shall promptly notify the
Contractor of the same and direct that the person engaging in such conduct be
immediately removed from the Site. Unless the City's determination that a prohibited
form of harassment has occurred is grossly negligent or without reasonable cause, the
City shall have no liability for directing the removal of any person determined to have
engaged in a prohibited form of harassment nor shall the Contract Price or the Contract
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Time be adjusted on account thereof. Contractor and the Surety shall defend, indemnify
and hold harmless the City and its employees, officers, Board of Education, agents, and
representatives from any and all claims, liabilities, judgments, awards, actions or causes
of actions, including without limitation, attomeys' fees, which arise out of, or pertain in
any manner to: (i) the assertion by any person dismissed from performing or providing
work at the direction of the City pursuant to this Article 4.5.4.3; or (ii) the assertion by
any person that any person directly or indirectly under the employment or direction of the
Contractor has engaged in a prohibited form of harassment directed to or affecting such
person. The obligations of the Contractor and the Surety under the preceding sentence
are in addition to, and not in lieu of, any other obligation of defense, indemnity and hold
harmless whether arising under the Contract Documents, at law or otherwise; these
obligations survive completion of the Work or the termination of the Contract.
4.6 Taxes. The Contractor shall pay, without adjustment of the Contract Price, all sales,
consumer, use and other taxes foi the Work or portions thereof provided by the Contractor under the
Contract Documents.
4.7 Permits, Fees and Notices; Compliance with Laws.
4.7.1 Payment of Permits, Fees. Unless otherwise provided in the Contract Documents,
the Contractor shall secure, pay for, and include in the Contract Price the building permits,
other permits, governmental fees, licenses and inspections necessary or required for the
proper execution and completion of the Work.
4.7.2 Compliance with Laws. The Contractor shall comply with and give notices required
by laws, ordinances, rules, regulations and other orders of public authorities bearing on
performance of the Work.
4.7.3 Notice of Variation from Laws. If the Contractor knows, or has reason to believe,
that any portion of the Contract Documents are at variance with applicable laws, statutes,
ordinances, building codes, regulations or rules, the Contractor shall promptly notify the
City, in writing, of the same. If the Contractor performs Work knowing, or with reasonable
diligence should have known, it to be contrary to laws, statutes, ordinances, building codes,
rules or regulations applicable to the Work without such notice to the City, the Contractor
shall assume full responsibility for such Work and shall bear the attributable costs arising or
associated therefrom, including without limitation, the removal, replacement orcorrection of
the same.
4.8 Submittals.
4.8.1 Purpose of Submittals. Shop Drawings, Product Data, Samples and similar
submittals (collectively "Submittals") are not Contract Documents. The purpose for
submission of Submittals is to demonstrate, for those portions of the Work for which
Submittals are required, the manner in which the Contractor proposes to provide or
incorporate such item of the Work in conformity with the information given and the design
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concept expressed in the Contract Documents.
4.8.2 Contractor's Submittals. •
4.8.2.1 Prompt Submittals. The Contractor shall review, confirm and submit to the
Architect with the number of copies of Submittals within the timeframes required by the
Contract Documents. Contractor's submission of Submittals in conformity with the
Submittal Schedule is a material consideration of the Contract. In the event that the City
reasonably determines that all or any portion of any Submittal fails to comply with the
requirements of the Contract Documents and/or such Submittals are not otherwise
complete and accurate so as to require re-submission more than one (1) time, Contractor
shall bear all costs associated with the review and approval of such resubmitted
Submittals; provided that such costs are in addition to, and not in lieu of, any liquidated
damages imposed under the Contract Documents for Contractor's delayed submission of
Submittals. Submittals not required by the Contract Documents maybe returned without
action. No adjustment to the Contract Time or the Contract Price shall be granted to the
Contractor on account of its failure to make timely submission of any Submittals.
4.8.2.2 Approval of Contractor's Confirmation of Submittals. All Submittals
prepared by Subcontractors, of any tier, Material Suppliers, manufacturers ordistributors
shall bear the written approval of the Contractor thereto prior to submission to the
Architect for review. Any Submittal not bearing the Contractor's written approval shall
be subject to return to the Contractor for re-submittal in conformity herewith, with the
same being deemed to not have been submitted. Any delay, impact or cost associated
therewith shall be the sole and exclusive responsibility of the Contractor without •
adjustment of the Contract Time or the Contract Price.
4.8.2.3 Verification of Submittal Information. By approving and submitting
Submittals, the Contractor represents to the City and Architect that the Contractor has
determined and verified materials, field measurements, field construction criteria, catalog
numbers and similar data related thereto and has checked and coordinated the
information contained within such Submittals with the requirements of the Work and of
the Contract Documents.
4.8.2.4 Information Included in Submittals. All Submittals shall be accompanied
by a written transmittal or other writing by the Contractor providing an identification of
the portion of the Drawings or the Specifications pertaining to the Submittal, with each
Submittal numbered consecutively for case of reference along with the following
information: (i) date of submission; (ii) project name; (iii) name of submitting
Subcontractor; and (iv) if applicable, the revision number. The foregoing information is
in addition to, and not in lieu of, any other information required for the Architect's
review, evaluation and approval of the Contractor's Submittals.
4.8.2.5 Contractor Responsibilit-
y for Deviations. The Contractor shall not be
relieved of responsibility for correcting deviations from the requirements of the Contract
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Documents by the Architect's approval of Submittals unless the Contractor has
specifically informed the Architect in writing of such deviation at the time of submission
of the Submittal and the City has given written approval to the specific deviation. The
Contractor shall not be relieved of responsibility for errors or omissions in Submittals by
the Architect's approval thereof. i
4.8.2.6 No Performance of Work without Approval. The Contractor shall perform
no portion of the Work requiring the Architect's review and approval of Submittals until
the Architect has completed its review and granted its approval of such Submittal. The
Contractor shall not perform any portion of the Work forming a part of a Submittal or
which is affected by a related Submittal until the entirety of the Submittal or other related
Submittal has been fully approved.
4.8.3 Architect Review of Submittals. The purpose of the Architect's review of
Submittals and the time for the Architect's return of Submittals to the Contractor shall be as
set forth elsewhere in the Contract Documents, including without limitation, Article 3.1.6 of
the General Conditions. If the Architect returns a Submittal as rejected or requiring
correction(s) and re-submission, the Contractor, so as not to delay the progress of the Work,
shall promptly thereafter resubmit a Submittal conforming to the requirements 'of the
Contract Documents; the resubmitted Submittal shall indicate the portions thereof modified
in order to obtain the Architect's approval. When professional certification of performance
criteria of materials, systems or equipment is required by the Contract Documents, the
Architect shall be entitled to rely upon the accuracy and completeness of such calculations
and certifications accompanying Submittals. The Architect's review of the Submittals is for
the limited purposes described in the Contract Documents.
• 4.8.4 Deferred Approval Items. In the event that any portion of the Work is designated in
the Contract Documents as a "Deferred Approval" item, Contractor shall be solely and
exclusively responsible for the preparation of Submittals for such item(s) in a timely manner
so as not to delay or hinder the completion of the Work within the Contract Time.
4.9 Materials and Equipment.
4.9.1 Specified Materials, Equipment. Except as otherwise provided, references in the
Contract Documents to any specific article, device, equipment, product, material, fixture,
patented process, form, method or type of construction, by name, make, trade name, or
catalog number, with or without the words "or equal" shall be deemed to establish a
minimum standard of quality or performance, and shall not be construed as limiting
competition.
4.9.2 Approval of Or Equal, Substitutions or Alternatives. The Contractor may
propose to furnish alternatives or substitutes for a particular item specified in the Contract
Documents, provided that the Contractor provides advance written notice to the City of such
proposed or equal, substitution or alternative and certifies to the City that the quality,
performance capability, functionality and appearance of the proposed -alternative or substitute
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will meet or exceed the quality, performance capability, functionality, and appearance of the
item or process specified, and must demonstrate to the City that the use of the substitution or
alternative is appropriate and will not delay completion of the Work or result in an increase
to the Contract Price. The Contractor shall submit all data to the City to permit the
Architect's proper evaluation of the proposed substitution or alternative. The Contractor
shall not provide, furnish or install any substitution or alternative without the City's prior
approval of the same; any alternative or substitution installed or incorporated into the Work
without first obtaining the City's approval of the same shall be subject to removal pursuant to
Article 12 hereof. The City's decision shall be final regarding the approval or disapproval of
the Contractor's proposed substitutions or alternatives. The City's approval of any
Contractor-proposed substitution shall be in accordance with Change Order procedures set
forth in Article 9 and as otherwise specified in the Contract Documents.
4.9.3 Placement of Material and Equipment Orders. Contractor shall, after award of the
Contract, promptly and timely place all orders for materials and/or equipment necessary for
completion of the Work so that delivery of the same shall be made without delay or
interruption to the timely completion of the Work. Contractor shall require that any
Subcontractor of any tier performing any portion of the Work similarly place orders for all
materials and/or equipment to be furnished by any such Subcontractor. Upon request of the
City, the Contractor shall furnish reasonably satisfactory written evidence of the placement
of orders for materials and/or equipment necessary for completion of the Work, including
without limitation, orders for materials and/or equipment to be provided, furnished or
installed by any Subcontractor of any tier.
4.9.4 City's Right to Place Orders for Materials and/or Equipment. If the Contractor .
fails or refuses to provide reasonably satisfactory written evidence of the placement of orders
for materials and/or equipment necessary for completion of the Work, or should the City
determine, in its sole and reasonable discretion, that such orders have not been placed in a
manner that assures timely delivery of such materials and/or equipment to the Site so the
Work can be completed without delay or interruption, the City shall have the right, but not
the obligation, to place such orders on behalf of the Contractor. If the City exercises such
right, the City's conduct in that regard does not assume control of the work. Rather,
Contractor remains responsible for the means, methods, techniques, sequences or procedures
for completion of the Work and is not relieved from any of Contractors obligations under the
Contract Documents, including without limitation, completion of the Work within the
Contract Time and for the Contract Price. If the City exercises the right hereunder to place
orders for materials and/or equipment on behalf of Contractor pursuant to the foregoing,
Contractor shall reimburse the City for all costs and fees incurred by the City in placing such
orders; such costs and fees may be deducted by the City from the Contract Price then or
thereafter due the Contractor.
4.10 Safety.
4.10.1 Safety Programs. The Contractor shall be solely responsible for initiating,
maintaining and supervising all safety programs required by applicable law, ordinance,
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regulation or governmental orders in connection with the performance of the Contract, or
otherwise'required by the type or nature of the Work. The Contractor shall require that its
• Subcontractors similarly initiate and maintain all appropriate or required safety programs.
4.10.2 Safety Precautions. The Contractor shall be solely responsible for initiating and
maintaining reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to: (i) employees on the Work and other persons who may be
affected thereby; (ii) the Work and materials and equipment to be incorporated therein,
whether in storage on or off the site, under care, custody or control of the Contractor or the
Contractor's Subcontractors of any tier; and (iii) other property or items at the site of the
Work, or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities whether or not designated for removal, relocation or replacement in
the course of construction. The Contractor shall erect and maintain, as required by existing
conditions and conditions resulting from performance of the Contract, reasonable safeguards
for safety and protection of property and persons, including, without limitation, posting
danger signs and other warnings against hazards, promulgating safety regulations and
notifying Citys and users of adjacent sites and utilities. The Contractor shall give or post all
notices required by applicable law and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
4.10.3 Safety Coordinator. The Contractor shall designate a responsible member of the
Contractor's organization at the Site whose duty shall be the prevention of accidents and the
implementation and maintenance safety precautions and programs. This person shall be the
• Contractor's superintendent unless otherwise designated by the Contractor in writing to the
City.
4.10.4 Emergencies. In an emergency affecting safety of persons or property, the
Contractor shall act, to prevent threatened damage, injury or loss.
4.11 Hazardous Materials.
4.11.1 Use of Hazardous Materials. In the event that the Contractor, any Subcontractor or
anyone employed directly or indirectly by them shall use, at the Site, or incorporate into the
Work, any material or substance deemed to be hazardous or toxic under any law, rule,
ordinance, regulation or interpretation thereof (collectively "Hazardous Materials"), the
Contractor shall comply with all laws, rules, ordinances or regulations applicable thereto and
shall exercise all necessary safety precautions relating to the use, storage or disposal thereof.
Unless otherwise provided, Contractor shall be solely responsible for the transportation and
disposal of any Hazardous Materials on or about the Site.
4.11.2 Prohibition on Use of Asbestos Containing Building Materials ("ACBMs").
Notwithstanding any provision of the Drawings or the Specifications to the contrary, it is the
intent of the City that ACBMs not be used or incorporated into any portion of the Work. If
any portion of the Work depicted in the Drawings or the Specifications shall require
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materials or products which the Contractor knows, or should have known with reasonably
diligent investigation, to contain ACBMs, Contractor shall promptly notify the City of the
same so that an appropriate alternative can be made in a timely manner so as not to delay the .
progress of the Work. Contractor warrants to the City that there are no materials or products
used or incorporated into the Work which contain ACBMs. Whether before or after
completion of the Work, if it is discovered that any product or material forming a part of the
Work or incorporated into the Work contains ACBMs, the Contractor shall at its sole cost
and expense remove such product or material in accordance with any laws, rules, procedures
and regulations applicable to the handling, removal and disposal of ACBMs and to replace
such product or material with non-ACBM products or materials and to return the affected
portion(s) of the Work to the finish condition depicted in the Drawings and Specifications
relating to such portion(s) of the Work. Contractor's obligations under the preceding
sentence shall survive the termination of the Contract, the warranty period provided under
the Contract Documents, the Contractor's completion of the Work or the City's acceptance of
the Work. In the event that the Contractor shall fail or refuse, for any reason, to commence
the removal and replacement of any material or product containing ACBMs forming a part
of, or incorporated into the Work, within ten (10) days of the date of the City's written notice
to the Contractor of the existence of ACBM materials or products in the Work, the City may
thereafter proceed to cause the removal and replacement of such materials or products in any
manner which the City determines to be reasonably necessary and appropriate; all costs,
expenses and fees, incurred by the City in connection with such removal and replacement
shall be the responsibility of the Contractor and the Contractor's Performance Bond Surety.
4.11.3 Encountering of Hazardous Materials. If the Contractor encounters Hazardous
Materials at the Site which have not been rendered harmless or for which there is no
provision in the Contract Documents for their containment, removal, abatement or handling,
the Contractor shall immediately stop the Work in the affected area and shall immediately
notify the City, in writing, of such condition. The Contractor shall diligently proceed with
the Work in all other unaffected areas. The Contractor shall proceed with the Work in the
affected area only after the Hazardous Materials have been rendered harmless, contained,
removed or abated. Adjustments, if any, to the Contract Time or Price shall be made in
accordance with Articles 7 and 9.
4.11.4 Material Safety Data Sheets. Contractor is required to insure that Material Safety
Data Sheets (MSDS) for any material requiring a MSDS pursuant to the federal "hazard
communication" standard or employee's right-to-know law are available in a readily
accessible place on the Work premises. The Contractor is also required to insure (i) the
proper labeling of any substance brought onto the Work premises, and (ii) that the persons
working with the material, or within the general area of the material, are informed about the
hazards of the substance and follow proper handling and protection procedures.
4.11.5 Compliance with Proposition 65. Contractor is required to comply with the
provisions of California Health and Safety Code § 25249.5, et seq., which requires the
posting and giving of notice to persons who may be exposed to any chemical known to the
State of California to cause cancer. The Contractor agrees to familiarize itself with such
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statutory provisions and to fully comply with the requirements set forth therein.
• 4.12 Maintenance of Documents.
4.12.1 Documents at Site. The Contractor shall maintain at the Site: (i) one record copy of
the Drawings, Specifications and all addenda thereto; (ii) Change Orders approved by the
City and all other modifications to the Contract Documents; (iii) Submittals reviewed by the
Architect; (iv) Requests for Information and responses thereto; (v) Record Drawings; (vi)
Material Safety Data Sheets ("MSDS") accompanying any materials, equipment or products
delivered or stored at the Site or incorporated into the Work; and (vii) all building and other
codes or regulations applicable to the Work, including without limitation, Title 24, Part 2 of
the California Code of Regulations. During performance of the Work, all documents
maintained by Contractor at the Site shall be available to the City, the Project Manager, the
Architect, the City's Inspector and DSA for review, inspection or reproduction. Upon
completion of the Work, all documents maintained at the Site by the Contractor pursuant to
the foregoing, except for (vii), shall be assembled and transmitted to the City.
4.12.2 Maintenance of Record Documents. During its performance of the Work, the
Contractor shall continuously maintain Record Documents which are marked to indicate all
field changes made to adapt the Work depicted in the Documents to field conditions, changes
resulting from Change Orders and all concealed or buried installations, including without
limitation, piping, conduit and utility services. The Record Documents shall be clean and all
changes, corrections and dimensions shall be marked in a neat and legible manner in a
contrasting color. The City's inspection or review shall not be deemed to be the City's
• approval or verification of the completeness or accuracy of the Record Documents. The
failure or refusal of the Contractor to continuously maintain complete and accurate Record
Documents or to make available the Record Documents for inspection and review by the
City may be deemed by the City to be Contractor's default of a material obligation hereunder.
Payments to the Contractor are conditioned upon continuous maintenance and completion of
the Record Documents pursuant to Articles 8.3.2 and 8.3.3. If the Contractor fails or refuses
to continuously maintain the Record Documents in a complete and accurate manner, the City
may take appropriate action to cause such maintenance, and all costs incurred in connection
therewith shall be charged to the Contractor; the City may deduct such costs from any
portion of the Contract Price then or thereafter due the Contractor.
4.13 Use of Site. The Contractor shall confine operations at the Site to areas permitted by law,
ordinances or permits, subject to any restrictions or limitations set forth in the Contract Documents.
The Contractor shall not unreasonably encumber the Site or adjoining areas with materials or
equipment. The Contractor shall be solely responsible for providing security at the Site with all such
costs included in the Contract Price. The City shall at all times have access to the Site.
4.14 Noise and Dust Control. The Contractor shall be responsible for complying with the
requirements of the city and county having jurisdiction with regard to noise ordinances governing
construction sites and activities. Construction equipment noise is subject to the control of the
Environmental Protection Agency's Noise Control Program (Code of Federal Regulations, Title 40,
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Part 204). The Contractor shall be solely responsible for maintaining all areas of the Work free from
all materials and products that by becoming airborne may cause respiratory inconveniences to City
students and personnel. Damages and/or any liability derived from the Contractor's failure to •
comply with these requirements shall be the sole cost of the Contractor, including all penalties
incurred for violations of local, state and/or federal regulations.
4.15 Cutting and Patching. The Contractor shall be responsible for cutting, fitting or patching
required to complete the Work or to make the component parts thereof fit together properly in
accordance with the Contract Documents. Only tradespersons skilled and experienced in cutting and
patching shall perform such work. The Contractor shall not damage or endanger any portion of the
Work, or the fully or partially completed construction of the City or separate contractors by cutting,
patching, excavation or other alteration. The Contractor shall not cut, patch or otherwise alter the
construction by the City or separate contractor without the prior written consent of the City or
separate contractor thereto, which consent shall not be unreasonably withheld. The Contractor shall
not unreasonably withhold consent to the request of the City or separate contractor, to cut, patch or
otherwise alter the Work.
4.16 Clean-Up. The Contractor shall at all times keep the Site and all adjoining areas free from
the accumulation of any waste material, rubbish or excess materials and equipment, placed, caused
by performance of the Work. The Contractor shall maintain the Site in a "rake-clean" standard on a
daily basis. Prior to completion of the Work, Contractor shall remove from the Site all rubbish,
waste and excess material, tools, Construction Equipment, machinery, temporary facilities and
barricades, and any other items which are not the property of the City under the Contract Documents.
Upon completion of the Work, the Site and all adjoining areas shall be left in a neat and broom clean
condition satisfactory to City. The Project Manager is authorized to direct the Contractor's clean-up •
obligations hereunder. If the Contractor fails to clean up as provided for in the Contract Documents,
the City may do so, and all costs incurred in connection therewith shall be charged to the Contractor;
the City may deduct such costs from any portion of the Contract Price then or thereafter due the
Contractor.
4.17 Access to the Work. The Contractor shall provide the DSA, the City, the Project Manager,
the City's Inspector, Labor Compliance Officer and Labor Compliance administrator and
consultant(s), the Architect and the Architect's consultant(s) with access to the Work, whether in
place, preparation and progress and wherever located.
4.18 Information for the City's Inspector. The Contractor shall furnish the City's Inspector
access to the Work for obtaining such information as may be necessary to keep the City's Inspector
fully informed respecting the progress, quality and character of the Work and materials, equipment
or other items incorporated therein.
4.19 Inspector's Field Office. The Contractor shall provide and include in the Contract Price a
temporary furnished office at the Site, if specified in the Contract Documents, for use by the City,
the Project Manager and the City's Inspector, until removal of the same is authorized by the City.
4.20 Patents and Royalties. The Contractor and the Surety shall defend, indemnify and hold
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harmless the City and its agents, employees and officers from any claim, demand or legal proceeding
arising out of or pertaining, in any manner, to any actual or claimed infringement of patent rights in
. connection with performance of the Work under the Contract Documents.
4.21 Prevailing Wage Rates; Employment of Labor.
4.21.1 Determination of Prevailing Rates. Pursuant to the provisions of Division 2, Part 7,
Chapter 1, Article 2 of the California Labor Code at 1770 et seq., the City has obtained
from the Director of the Department of Industrial Relations the general prevailing rate of per
diem wages and the prevailing rate for holiday and overtime work in the locality in which the
Work is to be performed. These rates are on file at the City's Clerks Office. The Contractor
shall post, at appropriate and conspicuous locations on the Site, a schedule showing all
determined general prevailing wage rates.
4.21.2 Payment of Prevailing Rates. This Project is a public works project as defined in
Labor Code § 1720, and must be performed in accordance with the requirements of Labor
Code §§1720 to 1815 and Title 8 California Code of Regulations 16000 to 17270, which
govern the payment of prevailing wage rates on public works projects. The Contractor, and
any Subcontractor, of any tier, shall pay their workers engaged in the Work not less than the
general prevailing wage rate, regardless of any contractual relationship which may be alleged
to exist between the Contractor or any Subcontractor, of any tier, and such worker.
Contractor, consistent with California Public Contract Code §6109, is prohibited from
performing a portion of work with a Subcontractor who is debarred pursuant to Labor Code
§§1777.1 or 1777.7.
4.21.3 Prevailing Wage Penalty. The Contractor shall, as a penalty, forfeit up to Fifty
Dollars ($50.00) to the City for each calendar day or portion thereof, for each worker paid
less than the prevailing rates as determined by the Director of the Department of Industrial
Relations for such work or craft in which such worker is employed for the Work by the
Contractor or by any Subcontractor, of any tier. Pursuant to California Labor Code § 1775,
the difference between prevailing wage rates and the amount paid to each worker each
calendar day, or portion thereof, for which each worker paid less than the prevailing wage
rate, shall be paid to each worker by the Contractor.
4.21.4 Sufficient Contract Price. Contractor represents and warrants that the Contract
Price includes sufficient funds to allow Contractor and all Subcontractors to comply with all
applicable laws and contractual agreements. Contractor shall defend, indemnify and hold the
harmless from and against any and all claims, demands, losses, liabilities and damages
arising out of or relating to the failure of Contractor or any Subcontractor to comply with any
applicable law in this regard, including, but not limited to Labor Code §2810. Contractor
agrees to pay any and all assessments, including wages, penalties, forfeitures and liquidated
damages, made or asserted against the City in relation to any such failure.
4.21.5 Payroll Records.
4.21.5.1 Submission of Certified Payroll Records to City. Pursuant to California
Labor Code §1776, the Contractor and each Subcontractor, of any tier, shall keep an
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accurate certified payroll record, showing the name, address, social security number,
work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each person employed for the Work. If there is no work in
a given week or on a given day, Contractor and each Subcontractor must keep a certified
Non-Performance payroll record, indicating "no work" for that week or day(s).
Contractor shall submit all certified payroll records to the Program Manager in complete,
unredacted form with an original signature on the Statement of Compliance along with,
and as a condition to, its Application for Payment.
4.21.5.2 Inspection of Certified Payroll Records. Additionally, the certified payroll
records shall be available for inspection at all reasonable hours at the principal office of
the Contractor on the following basis: (i) a certified copy of an employee's payroll
record shall be made available for inspection or furnished to such employee or his/her
authorized representative on request; (ii) a certified copy of all payroll records shall be
made available for inspection or furnished upon request to the City, the Division of
Labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations; (iii) a certified copy of all payroll records shall be
made available upon request to the public for inspection or copies thereof made;
provided, however, that a request by the public shall be made through either the City, the
Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement.
If the requested payroll records have not been provided, the requesting party shall, prior
to being provided the records, reimburse the cost of preparation by the Contractor,
Subcontractors and the entity through which the request was made. The public shall not
be given access to such records at the principal office of the Contractor; (iv) the
Contractor shall file a certified copy of the payroll records with the entity that requested
such records within ten (10) days after receipt of a written request; (v) any copy of .
records made available for inspection as copies and furnished upon request to the public
or any public agency by the City, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or obliterated in such a
manner as to prevent disclosure of an individual's name, address and social security
number. The name and address of the Contractor or any Subcontractor, of any tier,
performing a part of the Work shall not be marked or obliterated. The Contractor shall
inform the City of the location of payroll records, including the street address, city and
county and shall, within five (5) working days, provide a notice of a change or location
and address.
4.21.5.3 Submission of Payroll Records. Contractor shall provide, and shall cause all
Subcontractors to provide, payroll records as defined in 'T'itle 8 California Code of
Regulations § 16000 to the City, within ten (10) days of written request, at no cost to the
City. The City will not return documents to Contractor.
4.21.5.4 Penalty. For Noncompliance. In the event of noncompliance with the
requirements of this Article 4.21.5, the Contractor shall have ten (10) days in which to
comply, subsequent to receipt of written notice specifying in what respects the Contractor
must comply herewith. Should noncompliance still be evident after such I0-day period, the
Contractor shall, as a penalty to the City, forfeit Twenty-Five Dollars ($25.00) for each
calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon
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the request of the Division of Apprenticeship Standards or the Division of Labor Standards
Enforcement, such penalties shall be withheld from any portion of the Contract Price then or
thereafter due the Contractor. The responsibility for compliance with the foregoing
• provisions shall rest upon the Contractor.
4.21.5.5 Liquidated Damages. Should Contractor neglect, fail or refuse to submit any
documents pursuant to this Article 4.21.5, Contractor agrees to pay to the acknowledge
and agree that the liquidated damages contained in this provision are reasonable under
the circumstances existing at the time of the Contractor's execution of the Contract.
4.21.6 Hours of Work.
4.21.6.1 Limits on Hours of Work. Pursuant to California Labor Code § 1810, eight
(8) hours of labor shall constitute a legal day's work. Pursuant to California Labor Code
§ 181 1, the time of service of any worker employed at any time by the Contractor or by a
Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and
restricted to eight (8) hours during any one calendar day and forty (40) hours during any
one calendar week, except as hereafter provided. Notwithstanding the foregoing
provisions, Work performed by employees of Contractor or any Subcontractor, of any
tier, in excess of eight (8) hours per day and forty (40) hours during any one week, shall
be permitted upon compensation for all hours worked in excess of eight (8) hours per day
at not less than one and one-half (U/2) times the basic rate of pay.
4.21.6.2 Penalty for Excess Hours. The Contractor shall pay to the City a penalty of
Twenty-five Dollars ($25.00) for each worker employed on the Work by the Contractor
. or any Subcontractor, of any tier, for each calendar day during which such worker is
required or permitted to work more than eight (8) hours in any calendar day and forty
(40) hours in any one calendar week, in violation of the provisions of Labor Code § 1810
et seq.
4.21.6.3 Contractor Responsibility. Any Work performed by workers necessary to
be performed after regular working hours or on Sundays or other holidays shall be
performed without adjustment to the Contract Price or any other additional expense to
the City.
4.21.7 Apprentices.
4.21.7.1 Employment of Apprentices. Labor Code § 1777.5 and Title 8 California
Code of Regulations §200 et seq. provide detailed requirements for employing
apprentices on public works projects. Contractor is responsible for compliance with
Labor Code §1777.5 and applicable regulations on the Project. This responsibility
includes, but is not limited to, the obligation to employ properly registered apprentices
and pay such apprentices at least the prevailing wage rate for their appropriate apprentice
classification. Only apprentices, as defined in California Labor Code §3077 who are in
training under apprenticeship standards and written apprenticeship agreements under
California Labor Code §§3070 et seq. are eligible to be employed for the Work. The
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employment and training of each apprentice shall be in accordance with the provisions of
the apprenticeship standards and apprentice agreements under which such apprentice is
training. Any apprentices employed to perform any of the Work shall be paid the
standard wage paid to apprentices under the regulations of the craft or trade for which •
such apprentice is employed, and such individual shall be employed only forthe work of
the craft or trade to which such individual is registered. This Article 4.21.7 shall not
apply to contracts of general contractors, or to contracts of specialty contractors not
bidding for work through a general or prime contractor, when the contract involves less
than Thirty Thousand Dollars ($30,000.00). The term "Apprenticeable Craft or Trade,"
as used herein shall mean a craft or trade determined as an apprenticeable occupation in
accordance with rules and regulations prescribed by the Apprenticeship Council.
4.21.7.2 Apprenticeship Certificate. When the Contractor or any Subcontractor, of
any tier, in performing any of the Work employs workers in any Apprenticeable Craft or
Trade, the Contractor and such Subcontractor shall apply to the Joint Apprenticeship
Committee administering the apprenticeship standards of the craft or trade in the area of
the site of the Work for and obtain a certificate approving the Contractor or such
Subcontractor under the apprenticeship standards for the employment and training of
apprentices in the area or industry affected, provided, however, that the approval as
established by the Joint Apprenticeship Committee or Committees shall be subject to the
approval of the Administrator of Apprenticeship. Contractors or. Subcontractors shall not
be required to submit individual applications for approval to local Joint Apprenticeship
Committees provided they are already covered by the local apprenticeship standards for
that craft or trade.
4.21.7.3 Contract Award Information. Contractor shall submit contract award
information using the Division of Apprenticeship Standards (DAS 140) Form to the
applicable apprenticeship committee within ten (10) days of the date of execution of
contract and no later than the first day of work as per Title 8 California Code of
Regulations §230. Contractor shall submit a copy of the completed DAS 140 Form to
the City's Labor Compliance Program at the same time.
4.21.7.4 Ratio of Apprentices to Journeymen. The ratio of Work performed by
apprentices tojoumeymen, who shall be employed in the Work, may be no higher than
the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship
Committee operates, but in no case shall the ratio be less than one hour of apprentice
work for each five hours of labor performed by a journeyman, except as otherwise
provided in California Labor Code §1777.5. Any ratio shall apply during any day or
portion of a day when any journeyman is employed at the site of the Work and shall be
computed on the basis of the hours worked during the day by journeymen so employed.
The Contractor shall employ apprentices for the number of hours computed as above
before the end of the Contract, and Subcontractors before the end of the subcontract. The
Contractor shall, however, endeavor, to the greatest extent possible, to employ
apprentices during the same time period that the journeymen in the same craft or trade
are employed at the site of the Work. Any Work performed by a journeyman in excess
of eight hours per day or 40 hours per week shall not be used to calculate the hourly ratio
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required by this Article. Where an hourly apprenticeship ratio is not feasible for a
particular craft or trade, the Division of Apprenticeship Standards, upon application of an
apprenticeship committee, may order a minimum ratio of not less than one apprentice for
. each five journeymen in a craft or trade classification. Upon proper showing by the
Contractor or Subcontractor that it employs apprentices in such craft or trade in the State
of California on all of its contracts on an annual average of not less than one apprentice
to each five journeymen, the Division of Apprenticeship Standards may grant a
certificate exempting the Contractor from the 1-to-5 ratio as set forth in this Article and
California Labor Code § 1777.5.
4.21.7.5 Exemption from Ratios. The Joint Apprenticeship Committee shall have the
discretion to grant a certificate, which shall be subject to the approval of the
Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth
in this Article when it finds that any one of the following conditions are met: (i)
unemployment for the previous three-month period in such area exceeds an average of
fifteen percent (15%) or; (ii) the number of apprentices in training in such area exceeds a
ratio of 1-to-5 in relation to journeymen, or; (iii) the Apprenticeable Craft or Trade is
replacing at least one-thirtieth (1 /30) of its journeymen annually through apprenticeship
training, either on a statewide basis or on a local basis, or; (iv) if assignment of an
apprentice to any Work performed under a public works contract would create a
condition which would jeopardize such apprentice's life or the life, safety or property of
fellow employees or the public at large, or if the specific task to which the apprentice is
to be assigned is of such a nature that training cannot be provided by a journeyman.
When such exemptions from the 1-to-5 ratio between apprentices and joumeymen are
granted to an organization which represents contractors in a specific trade on a local or
• statewide basis, the member contractors will not be required to submit individual
applications for approval to local Joint Apprenticeship Committees, provided they are
already covered by the local apprenticeship standards.
4.21.7.6 Contractor's Compliance. The responsibility of compliance with this
Article for all Apprenticeable Trades or Crafts is that of the Contractor. In the event the
Contractor knowingly fails to comply with the provisions of this Article and California
Labor Code § 1777.5, pursuant to California Labor Code § 1777.7, the Contractor shall
forfeit, as a civil penalty, not more than One Hundred Dollars ($100.00) for each
calendar day of noncompliance. A contractor or subcontractor that knowingly commits a
second or subsequent violation of this Article and California Labor Code § 1777.5 shall
forfeit as a civil penalty not more than Three Hundred Dollars ($300.00) for each
calendar day of noncompliance. Notwithstanding the provisions of California Labor
Code §1727, upon receipt of a determination that a civil penalty has been assessed by the
Chief of the Division of Apprenticeship Standards, the City shall withhold such amount
from the Contract Price then due or to become due. In the event a Contractor or
Subcontractor is determined by the Chief to have knowingly committed a serious
violation of Labor Code § 1777.5, the Chief may also deny the Contractor or
Subcontractor and its responsible officers the right to be on or be awarded or perform
work as a subcontractor on any public works contract for a period of up to one (1) year
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for a first violation and up to three (3) years for a second or subsequent violation.
4.21.8 Employment of Independent Contractors. Pursuant to California Labor Code •
§ 1021.5, Contractor shall not willingly and knowingly enter into any agreement with any
person, as an independent contractor, to provide any services in connection with the Work
where the services provided or to be provided requires that such person hold a valid
contractors license issued pursuant to California Business and Professions Code §§7000 et
seq. and such person does not meet the burden of proof of his/her independent contractor
status pursuant to California Labor Code §2750.5. In the event that Contractor shall employ
any person in violation of the foregoing, Contractor shall be subject to the civil penalties
under California Labor Code § 1021.5 and any other penalty provided by law. In addition to
the penalties provided under California Labor Code §1021.5, Contractor's violation of this
Article 4.2 1.8 or the provisions of California Labor Code § 1021.5 shall be deemed an event
of Contractor's default under Article 15.1 of these General Conditions. The Contractor shall
require any Subcontractor of any tier performing or providing any portion of the Work to
adhere to and comply with the foregoing provisions.
4.22 Labor Compliance Program. Pursuant to California Labor Code § 1771.7, and/or its Labor
Compliance Program representatives to discuss labor requirements. Contractor and the
Subcontractors shall allow the (BAND.
4.22 Assignment of Antitrust Claims. Pursuant to California Public Contract Code §7103.5, the
Contractor and its Subcontractor(s), of any tier, hereby offers and agrees to assign to the City all
rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton
Act, (15 U.S.C. §15) or under the Cartwright Act (California Business and Professions Code •
§§16700 et seq.), arising from purchases of goods, services or materials hereunder or any
Subcontract. This assignment shall be made and become effective at the time the City tenders Final
Payment to the Contractor, without further acknowledgment by the parties. If the City receives,
either through judgment or settlement, a monetary recovery in connection with a cause of action
assigned under California Public Contract Code §7103.5, the assignor thereof shall be entitled to
receive reimbursement for actual legal costs incurred and may, upon demand, recover from the City
any portion of the recovery, including treble damages, attributable to overcharges that were paid by
the assignor but were not paid by the City as part of the Contract Price, less the expenses incurred by
the City in obtaining that portion of the recovery. Upon demand in writing by the assignor, the City
shall, within one year from such demand, reassign the cause of action assigned pursuant to this
Article i f the assignor has been or may have been injured by the violation of law for which the cause
of action arose: and (i) the City has not been injured thereby; or (ii) the City.declines to file a court
action for the cause of action.
ARTICLE 5: SUBCONTRACTORS
5.1 Subcontracts. Any Work performed for the Contractor by a Subcontractor shall be pursuant
to a written agreement between the Contractor and such Subcontractor which specifically
incorporates by reference the Contract Documents and which specifically binds the Subcontractor to
the applicable terns and conditions of the Contract Documents. The foregoing notwithstanding, no
contractual relationship shall exist, or be deemed to exist, between any Subcontractor and the City,
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unless the Contract is terminated and City, in-writing, elects to assume the Subcontract. Each
Subcontract for a portion of the Work shall provide that such Subcontract may be assigned to the
• City if the Contract is terminated by the City pursuant to Article 15.1 hereof, subject to the prior
rights of the Surety obligated under a bond relating to the Contract. Upon request, the Contractor
shall provide to the City copies of executed Subcontracts and Purchase Orders, including amendment
thereto, to which Contractor is a party within seven (7) days of City's request for same. The
Contractor's failure or refusal, for any reason, to provide copies of such Subcontracts or Purchase
Orders shall be deemed the Contractor's default of a material term of the Contract Documents.
5.2 Substitution of Listed Subcontractor.
5.2.1 Substitution Process. Any request of the Contractor to substitute a listed
Subcontractor will be considered only if such request is in strict conformity with this Article
5.2 and California Public Contract Code §4107. All costs and fees incurred by the City in
the review and evaluation of a request to substitute a listed Subcontractor shall be home by
the Contractor; such costs and fees may be deducted by the City from the Contract Price then
or thereafter due the Contractor.
5.2.2 Responsibilities of Contractor Upon Substitution of Subcontractor. Neither the
substitution nor the City's consent to Contractor's substitution of a listed Subcontractor shall
relieve Contractor from its obligation to complete the Work within the Contract Time and for
the Contract Price. In the event that the City determines that revised or additional Submittals
are required of the newly substituted Subcontractor, the City shall promptly notify the
Contractor, in writing, of such requirement and the time for submittal. In the event that the
revised or additional Submittals are not submitted by Contractor within the time specified,
Contractor shall be subject to the per diem assessments for late Submittals as set forth in
. Article 4.8 of these General Conditions. Any revised or additional. Submittals required
pursuant to this Article 5.2.2 shall conform with the requirements of Article 4.8 of these
General Conditions. Contractor shall reimburse the City for all fees and costs incurred or
associated with the processing, review and evaluation of any revised or additional Submittals
required pursuant to this Article 5.2.2; the City may deduct such fees and costs from any
portion of the Contract Price then or thereafter due the Contractor. In the event that
additional or revised Submittals are required pursuant to this Article 5.2.2, such requirement
shall not result in an increase to the Contract Time or the Contract Price.
ARTICLE 6: INSURANCE; INDEMNITY; BONDS
6.1 Workers' Compensation Insurance; Employer's Liability Insurance. The Contractor
shall purchase and maintain Workers Compensation Insurance as will protect the Contractor from
claims under workers' or workmen's compensation, disability benefit and other similar employee
benefit acts which are applicable to the Work to be performed, whether such operations be by the
Contractor or by a Subcontractor or by anyone directly or indirectly employed by any ofthem, or by
anyone for whose acts any of them may be liable. Contractor shall purchase and maintain
Employer's Liability Insurance covering bodily injury (including death) by accident or disease to any
employee which arises out of the employee's employment by Contractor. The Employer's Liability
Insurance required of Contractor hereunder may be obtained by Contractor as a separate policy of
insurance or as an additional coverage under the Workers' Compensation Insurance required to be
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obtained and maintained by Contractor hereunder. The limits of liability for the Employer's Liability
Insurance required hereunder shall be as set forth in the Special Conditions.
6.2 Commercial General Liability and Property Insurance. The Contractor shall purchase •
and maintain Commercial General Liability and Property Insurance covering the types of claims set
forth below which may arise out of or result from Contractor's operations under the Contract
Documents and for which the Contractor may be legally responsible: (i) claims for damages because
of bodily injury, occupational sickness or disease or death of the Contractor's employees; (ii) claims
for damages because of bodily injury, sickness or disease or death of any person other than the
Contractor's employees; (iii) claims for damages insured by usual personal injury liability coverage
which are sustained (a) by a person as a result of an offense directly or indirectly related to
employment of such person by the Contractor, or (b) by another person; (iv) claims for damages,
other than to the Work itself, because of injury to or destruction of tangible property, including loss
of use resulting therefrom; (v) claims for damages because of bodily injury, death of a person or
property damages arising out of ownership, maintenance or use of a motor vehicle; and (vi)
contractual liability insurance applicable to the Contractor's obligations under the Contract
Documents. Contractor shall also provide excess or umbrella liability limits for Products and
Completed Operations Aggregate for this Project as a Designated Project as set forth in the Special
Conditions.
6.3 Builder's Risk "All-Risk" Insurance. The Contractor, during the progress of the Work and
until Final Acceptance of the Work by the City upon completion of the entire Contract, shall
maintain Builder's Risk "All-Risk" Completed Value Insurance Coverage on all insurable Work
included under the Contract Documents which coverage is to provide extended coverage and
insurance against vandalism and malicious mischief, perils of fire, sprinkler leakage, civil authority, .
sonic boom, collapse and flood upon the entire Work which is the subject of the Contract
Documents, and including completed Work and Work in progress to the full insurable value thereof.
Contractor's Builders Risk Insurance shall include coverage and insurance against the perils of
earthquake if so indicated in the Special Conditions. Such insurance shall include the City as an
additional named insured, and any other person with an insurable interest designated by the City as
an additional named insured. The risk of damage to the Work due to the perils covered by the
Builder's Risk "All Risk" Insurance, as well as any other hazard which might result in damage to the
Work, is that of the Contractor and the Surety, and no claims for such loss or damage shall be
recognized by the City, nor will such loss or damage excuse the complete and satisfactory
performance of the Contract by the Contractor.
6.4 Coverage Amounts. The insurance required of the Contractor hereunder shall be written for
not less than any limits of liability specified in the Contract Documents, or required by law,
whichever is greater. In the event of any loss or damage covered by a policy of insurance required to
be obtained and maintained by the Contractor hereunder, the Contractor shall be solely and
exclusively responsible for the payment of the deductible, if any, under such policy of insurance,
without adjustment to the Contract Price on account thereof.
6.5 Evidence of Insurance; Subcontractor's Insurance.
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6.5.1 Certificates of Insurance. With the execution of the Contract, Contractor shall
deliver to the City Certificates of Insurance evidencing the insurance coverages required by
the Contract Documents. -Failure or refusal of the Contractor to so deliver Certificates of
• Insurance may be deemed by the City to be a default of a material obligation of the
Contractor under the Contract Documents. The Certificates of Insurance and the insurance
policies required by the Contract Documents shall contain a provision that coverages
afforded under such policies will not be canceled or allowed to expire until at least thirty (30)
days prior written notice has been given to the City. The insurance policies required of
Contractor hereunder shall also name the City as an additional insured as its interests may
appear. Should any policy of insurance be canceled before Final Acceptance of the Work by
the City and the Contractor fails to immediately procure replacement insurance as required,
the City reserves the right to procure such insurance and to deduct the premium cost thereof
and other costs incurred by the City in connection therewith from any sum then or thereafter
due the Contractor under the Contract Documents. The Contractor shall, from time to time,
furnish the City, when requested, with satisfactory proof of coverage of each type of
insurance required by the Contract Documents; failure of the Contractor to comply with the
City's request may be deemed by the City to be a default of a material obligation of the
Contractor under the Contract Documents.
6.5.2 Subcontractors' Insurance. Contractor shall require that every Subcontractor, of
any tier, performing or providing any portion of the Work, obtain and maintain the policies of
insurance set forth in Articles 6.1 and 6.2 of these General Conditions; the coverages and
limits of liability of such policies of insurance to be obtained and maintained by
Subcontractors shall be as set forth in the Special Conditions. The policies of insurance to be
• obtained and maintained by Subcontractors hereunder are in addition to, and not in lieu of,
Contractor obtaining and maintaining such policies of insurance. Each of the policies of
insurance obtained and maintained by a Subcontractor hereunder shall conform with the
requirements of this Article 6. Upon request of the City, Contractor shall promptly deliver to
the City Certificates of Insurance evidencing that the Subcontractors have obtained and
maintained policies of insurance in conformity with the requirements of this Article 6.
Failure or refusal of the Contractor to provide the City with Subcontractors' Certificates of
Insurance evidencing the insurance coverages required hereunder is a material default of
Contractor hereunder.
6.6 Maintenance of Insurance. Any insurance bearing on the adequacy of performance of
Work shall be maintained after the City's Final Acceptance of all of the Work for the full one year
correction of Work period and any longer specific guarantee or warranty periods set forth in the
Contract Documents. Should such insurance be canceled before the end of any such periods and the
Contractor fails to immediately procure replacement insurance as specified, the City reserves the
right to procure such insurance and to charge the cost thereof to the Contractor. Nothing contained
in these insurance requirements is to be construed as limiting the extent of the Contractor's
responsibility for payment of damages resulting from its operations or performance of the Work
under the Contract Documents, including without limitation the Contractor's obligation to pay
Liquidated Damages. In no instance will the City's exercise of its option to occupy and use
completed portions of the Work relieve the Contractor of its obligation to maintain insurance
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required under this Article until the date of Final Acceptance of the Work by the City, or such time
thereafter as required by the Contract Documents. The insurer providing any insurance coverage
required hereunder shall be to the reasonable satisfaction of the City. •
6.7 Contractor's Insurance Primary. All insurance and the coverages thereunder required to
:be obtained and maintained by Contractor hereunder, if overlapping with any policy of insurance
maintained by the City, shall be deemed to be primary and non-contributing with any policy
maintained by the City and any policy or coverage thereunder maintained by City shall be deemed
excess insurance. To the extent that the City maintains a policy of insurance covering property
damage arising out of the perils of fire or other casualty covered by the Contractor's Builder's Risk
Insurance or the Commercial General Liability Insurance of the Contractor or any Subcontractor, the
City, Contractor and all Subcontractors waive rights of subrogation against the others. The costs for
obtaining and maintaining the insurance coverages required herein shall be included in the Contract
Price. The City, its Project Manager and Consultants shall be endorsed on all policies provided by
Contractor, as appropriate, as additional insured as respects liability arising out of Contractor's or
Subcontractors' performance of the terms and conditions of these Contract Documents.
6.8 Indemnity. Unless arising solely out of the active negligence, gross negligence or willful
misconduct of the City, the Architect or the Project Manager, the Contractor shall indemnify, defend
and hold harmless: (i) the City and its Board of Education, officers, employees, agents and
representatives (including the City's Inspector); (ii) the Architect and its consultants for the Work
and their respective agents and employees; and (iii) the Project Manager and its agents and
employees from and against any and all damages, losses, claims, demands or liabilities whether for
damages, losses or other relief, including, without limitation attorneys fees and costs which arise, in
whole or in part, from the Work, the Contract Documents or the acts, omissions or other conduct of .
the Contractor or any Subcontractor or any person or entity engaged by them for the Work. The
Contractor's obligations under the foregoing include without limitation: (i) injuries to or death of
persons; (ii) damage to property; or (iii) theft or loss of property; and (iv) other losses, liabilities,
damages or costs resulting from, in whole or part, any acts, omissions or other conduct of Contractor,
any of Contractor's Subcontractors, of any tier, or any other person or entity employed directly or
indirectly by Contractor in connection with the Work and their respective agents, officers or
employees. If any action or proceeding, whether judicial, administrative, arbitration or otherwise,
shall be commenced on account of any claim, demand or liability subject to Contractor's obligations
hereunder, and such action or proceeding names the City as a party thereto, the Contractor shall, at
its sole cost and expense, defend the City in such action or proceeding with counsel reasonably
satisfactoryto City. In the event that there shall be any judgment, award, ruling, settlement, or other
relief arising out of any such action or proceeding to which the City is bound by, Contractor shall
pay, satisfy or otherwise discharge any suchjudgment, award, ruling, settlement or relief, Contractor
shall indemnify and hold harmless the City from any and all liability or responsibility arising out of
any such judgment, award, ruling, settlement or relief. The Contractor's obligations hereunder are
binding upon Contractors Performance Bond Surety and these obligations shall survive
notwithstanding Contractor's completion of the Work or the termination of the Contract.
6.9 Payment Bond; Performance Bond. Prior to commencement of the Work, the Contractor
shall furnish a Performance Bond as security for Contractor's faithful performance of the
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Contract and a Labor and Material Payment Bond as security for payment of persons or
entities performing work, labor or furnishing materials in connection with Contractor's
performance of the Work under the Contract Documents. The amounts of the Performance
. Bond and the Payment Bond required hereunder shall be one hundred percent (100%) of the
Contract Price. Said Labor and Material Payment Bond and Performance Bond shall be.in
the form and content set forth in the Contract Documents. The failure or refusal of the
Contractor to furnish either the Performance Bond or the Labor and Material Payment Bond
in strict conformity with this Article 6.9 may be deemed by the City as a default by the
Contractor of a material obligation hereunder. Upon request of the Contractor, the City may
consider and accept, but is not obligated to do so, multiple sureties on such bonds. The
Surety on any bond required under the Contract Documents shall be an Admitted Surety
Insurer as that term is defined in California Code of Civil Procedure §995.120.
ARTICLE 7: CONTRACT TIME
7.1 Substantial Completion of the Work Within Contract Time. Unless otherwise expressly
provided in the Contract Documents, the Contract Time is the period of time, including authorized
adjustments thereto, allotted in the Contract Documents for achieving Substantial Completion of the
Work. The date for commencement of the Work is the date established by the Notice to Proceed
issued by the City, which shall not be postponed by the failure to act of the Contractor or of persons
or entities for whom the Contractor is responsible. The date of Substantial Completion is the date
certified by the Architect, the Project Manager and the City's Inspector as such in accordance with
the Contract Documents. The Contract Time is as indicated in the Special Conditions.
7.2 Progress and Completion of the Work.
. 7.2.1 Time of Essence. Time limits stated in the Contract Documents are of the essence.
By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable
period for performing and achieving Substantial Completion of the Work. The Contractor
shall employ and supply a sufficient force of workers, material and equipment, and prosecute
the Work with diligence so as to maintain progress, to prevent Work stoppage and to achieve
Substantial Completion of the Work within the Contract Time.
7.2.2 Substantial Completion. Substantial Completion is that stage in the progress of the
Work when the Work is complete in accordance with the Contract Documents, including but
not limited to start-up and testing, so the City can occupy or use the Work and Project for its
intended purpose; provided that, as a condition precedent to Substantial Completion, the
Architect and shall have received all permits, approvals, licenses, and otherdocuments from
any governmental authority having jurisdiction thereof necessary for thebeneficial use of the
Project. Substantial Completion shall be determined by the Architect and the City's
Inspector upon request by the Contractor in accordance with the Contract Documents. The
good faith and reasonable determination of Substantial Completion by the City's Inspector
and the Architect shall be controlling and final.
7.2.3 Correction or Completion of the Work After Substantial Completion. Upon
achieving Substantial Completion of the Work, the City, the City's Inspector, the Project
Manager, the Architect and the Contractor shall jointly inspect the Work and prepare a
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comprehensive list of items of the Work (punch list) to be corrected or completed by the
Contractor. The exclusion of, or failure to include, any item on such list shall not alter or
limit the obligation of the Contractor to complete or correct any portion of the Work in
accordance with the Contract Documents. In the event that the Contractor shall fail or refuse,
for any reason, to complete all punch list items within the Contract Time, Contractor shall be
subject to assessment of Liquidated Damages in accordance with Article 7.4 hereof. If the
Contractor fails or refuses to complete all items of the Work within the Contract Time, the
City may, in its sole and exclusive discretion and without further notice to Contractor, elect
to cause the completion of such items of the Work, provided, however, that such election by
the City is in addition to, and not in lieu of, any other right or remedy of the City under the
Contract Documents or at law. If the City elects to complete items of the Work, Contractor
shall be responsible for all costs incurred by the City in connection therewith and the City
may deduct such costs from the Contract Price then or thereafter due the Contractor; if these
costs exceed the remaining Contract Price due to the Contractor, the Contractor and the
7.3
Performance Bond Surety are liable to City for any such excess costs.
7.2.4 Final Completion. Final Completion is that stage of the Work when all Work has
been completed in accordance with the Contract Documents, including without limitation,
the performance of all punch list items noted upon Substantial Completion, and the Contract
has been otherwise fully performed by the Contractor. Final Completion shall be determined
by the Architect and the City's Inspector upon request of the Contractor. The good faith and
reasonable determination of Final Completion by the City's Inspector and the Architect shall
be controlling and final.
7.2.5 Contractor Responsibility for Multiple Inspections. In the event the Contractor
shall request determination of Substantial or Final Completion and it is determined by the
City that the Work does not then justify certification of Substantial or Final Completion, as
applicable, and re-inspection is required at a subsequent time to make such determination,
the Contractor shall be responsible for all costs of such re-inspection, including without
limitation, the fees of the Architect and the salary of the City's Inspector. The City may
deduct such costs from the Contract Price then clue or thereafter due to the Contractor.
7.2.6 Final Acceptance. Final Acceptance of the Work shall occur upon approval of the
Work by the City's Board of Education. Such approval shall be submitted for adoption at the
next regularly scheduled meeting of the City's Board of Education after the determination of
Final Completion. The commencement of any warranty or guarantee period under the
Contract Documents shall be deemed to be the date upon the City's Board of Education
approves of the Final Acceptance of the Work.
Progress Schedule.
7.3.1 Submittal of Preliminary Construction Schedule. Within ten (10) days following
execution of the Agreement, the Contractor shall prepare and submit to the City, the Project
Manager and the Architect a Preliminary Construction Schedule, in both written and
electronic fonnat, indicating, in graphic and tabular form, the estimated rate of progress and
sequence of all Work required under the Contract 'Documents. The purpose of the
Preliminary Construction Schedule is to assure adequate planning and execution ofthe Work
so that it is completed within the Contract Time and to pennit evaluation of the progress of
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E
the Work. The Preliminary Construction Schedule shall indicate the dates for
commencement and completion of various portions of the Work, including, without
limitation, the procurement and fabrication of major items, material and equipment forming a
•
part of, or to be incorporated into, the Work as well as Site construction activities. The
Preliminary Construction Schedule shall identify all major (critical) Submittals required, the
portion(s) of the Work for which the identified Submittals relate to and the date upon which
each Submittal required will be transmitted to the Architect for review (the "Submittal
Schedule"). The Contractor shall prepare the Preliminary Construction Schedule using
Primavera, or comparable software in Critical Path Method format. If Contractor elects to
use software other than Primavera, Contractor shall provide such software to the City at
Contractor's expense. These requirements shall not be deemed control over or assumption of
construction means, methods or sequences, all of which remain the Contractor's
responsibility. Further, these requirements shall not give rise to an increase in the Contract
Time or the Contract Price. The Contractor may submit a Preliminary Construction
Schedule depicting completion of the Work in a duration shorter than the Contract Time;
provided that such Preliminary Construction Schedule shall not be a basis for adjustment to
the Contract Price in the event that completion of the Work shall occur after the time
depicted therein, nor shall such Preliminary Construction Schedule be the basis for any
extension of the Contract Time, the Contractor's entitlement to any extension of the Contract
Time shall be based upon the Contract Time and not on any shorter duration which may be
depicted in the Contractor's Preliminary Construction Schedule. In the event any of the
Construction Schedules required under this Article 7.3 incorporate therein "float" time, such
float shall be deemed to belong to and owned by the City. As used herein, "float time" shall
be deemed to refer to the time between the earliest start date and the latest start date, or
between the earliest finish date and the latest finish date of each activity shown on the
•
Construction Schedule.
7.3.2 Review of Preliminary Construction Schedule. The City, the Project Manager and
the Architect shall review the Preliminary Construction Schedule submitted by the
Contractor pursuant to Article 7.3.1 above for conformity with the requirements of the
Contract Documents. Within fifteen (15) days of the date of receipt of the Preliminary
Construction Schedule, such Schedule will be returned to the Contractor with comments to
the form or content thereof. Review of the Preliminary Progress Schedule and any
comments thereto by the City, the Project Manager and/or the Architect shall not be deemed
to be the assumption of construction means, methods or sequences by the City, the Project
Manager or the Architect, all of which remain the Contractor's obligations under the Contract
Documents.
7.3.3 Preparation and Submittal of Contract Construction Schedule. Within ten (10)
days of the City's return of the Preliminary Construction Schedule to the Contractor pursuant
to Article 7.3.2 above, the Contractor shall prepare and submit the Cost Loaded Construction
Schedule which incorporates therein the comments to the Preliminary Construction
Schedule. Upon the Contractor's submittal of such Construction Schedule, the City shall
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review the same for purposes of determining conformity with the requirements of the
Contract Documents. Within fifteen (15) days of the receipt of the Construction Schedule,
the City will approve such Construction Schedule or will return the same to the Contractor is
with comments to the form or content. In the event there are comments to the form or
content thereof, the Contractor, shall within seven (7) days of receipt of such comments,
revise and resubmit the Construction Schedule incorporating therein such comments. Upon
the City's approval of the form and content of a Construction Schedule, the same shall be
deemed the "Approved Construction Schedule." The City's approval of a Construction
Schedule shall be for the sole and limited purpose of determining conformity with the
requirements of the Contract Documents. By the Approved Construction Schedule, the City
shall not be deemed to have exercised control over, or approval of, construction means,
methods or sequences, all of which remain the responsibility and obligation of the Contractor
in accordance with the terms of the Contract Documents. Further, the Approved
Construction Schedule shall not operate to limit or restrict any of Contractor's obligations
under the Contract Documents nor relieve the Contractor from the full, faithful and timely
performance of such obligations in accordance with the terms of the Contract Documents.
The activities, commencement and completion dates of activities, and the sequencing of
activities depicted on the Approved Construction Schedule shall not be modified or revised
by the Contractor without the prior consent, or direction, of the City. Updates to the
Approved Construction Schedule pursuant to Article 7.3.5 below shall not be deemed
revisions to the Approved Construction Schedule. In the event that the Approved
Construction Schedule shall depict completion of the Work in a duration shorter than the
Contract Time, the same shall not be a basis for an adjustment of the Contract Time or the
Contract Price in the event that actual completion of the Work shall occur after such the time
depicted in such Approved Construction Schedule. In such event, the Contract Price shall •
not be subject to adjustment on account of any additional costs incurred by the Contractor to
complete the Work prior to the Contract Time, as adjusted in accordance with the terms of
the Contract Documents. Any adjustment of the Contract Time or the Contract Price shall be
based upon the Contract Time set forth in the Contract Documents and not any shorter
duration which may depicted in the Approved Construction Schedule.
7.3.4 Revisions to Approved Construction Schedule. In the event that the progress of
the Work or the sequencing of the activities of the Work shall materially differ from that
indicated in the Approved Construction Schedule, as determined by the City in its reasonable
discretion and judgment, the City may direct the Contractor to revise the Approved
Construction Schedule; within fifteen (15) days of the City's direction, the Contractor shall
prepare and submit a revised Approved Construction Schedule, for review and approval by
the City. The Contractor may request consent of the City to revise the Approved
Construction Schedule. Any such request shall be considered by the City only if in writing
setting forth the Contractor's proposed revision(s) to the Approved Construction Schedule
and the reason(s) therefor. The City may consent to, or deny, any such request of the
Contractor to revise the Approved Construction Schedule in its reasonable discretion.
7.3.5 Updates to Approved Construction Schedule. The Contractor shall monitor and
update the Approved Construction Schedule on a monthly basis, or more frequently as
required by the conditions or progress of the Work, or as may be requested by the City.
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Proper and complete updating of the Approved Construction Schedule shall be a condition
precedent to the issuance of progress payments described in Article 8 of these General
• Conditions. The Contractor shall provide the City with updated Approved Construction
Schedules indicating progress achieved and activities commenced or completed within the
prior updated Approved Construction Schedule. Updates to the Approved Construction
Schedule shall not include any revisions to the activities, commencement and completion
dates of activities or the sequencing of activities depicted on the Approved Construction
Schedule, without the City's consent. Any revisions to the Approved Construction Schedule
made without the City's consent shall result in the City's rejection of such update and
Contractor shall, within seven (7) days of the City's rejection of such update, submit to the
Architect and the Project Manager an Updated Approved Construction Schedule which does
not incorporate any such revisions. The Contractor shall also submit, with its updates to the
Approved Construction Schedule, a narrative statement including a description of current and
anticipated problem areas of the Work, logic and resource changes, delaying factors and their
impact, and an explanation of corrective action taken or proposed by the Contractor. If the
progress of the Work is behind the Approved Construction Schedule, the Contractor shall
indicate what measures will be taken to place the Work back on schedule. The City may,
from time to time, and in the City's sole and exclusive discretion, transmit to the Contractor's
Performance Bond Surety the Approved Construction Schedule, any updates thereof and the
narrative statement described hereinabove. The City's election to transmit, or not to transmit
such information, to the Contractor's Performance Bond Surety shall not limit the
Contractor's obligations under the Contract Documents.
7.3.6 Contractor Responsibility for Construction Schedule. The Contractor shall be
responsible for the preparation, submittal and maintenance of the Construction Schedules
• required by the Contract Documents, and any failure of the Contractor to do so may be
deemed by the City as the Contractor's default in the performance of a material obligation
under Contract Documents. Any and all costs or expenses required or incurred to prepare,
submit, maintain, and update the Construction Schedules shall be solely that of the
Contractor and no such cost or expense shall be charged to the City. The Contract Price shall
not be subject to adjustment on account of costs, fees or expenses incurred or associated with
the Contractor's preparation, submittal, maintenance or updating of the Construction
Schedules. All schedule submittals shall include electronic diskettes for use by the City in its
analysis and approval of the schedule submittal.
7.4 Adjustment of Contract Time. If Substantial Completion or completion of an
Interim Milestone is delayed, adjustment, if any, to the Contract Time on account of such
delay shall be in accordance with this Article 7.4 and will be made, if at all, by written
Change Order made in accordance with Article 9.
7.4.1 Excusable Delays. If Substantial Completion of the Work or completion of an
Interim Milestone is delayed by Excusable Delays, the Contract Time shall be subject to
adjustment for such reasonable period of time as determined by the City. Excusable Delays
shall not result in any increase in the Contract Price. Excusable Delays refer to
unforeseeable and unavoidable casualties or other unforeseen causes beyond the control, and
without fault or neglect, of the Contractor, any Subcontractor, Material Supplier or other
person directly or indirectly engaged by the Contractor in performance of any portion of the
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Work. Excusable Delays include unanticipated and unavoidable labor disputes, unusual and
unanticipated delays in transportation of equipment, materials or Construction Equipment
reasonably necessary for completion and proper execution of the Work, and unanticipated .
unusually severe weather conditions. Neither the financial resources of the Contractor or any
person or entity directly or indirectly engaged by the Contractor in performance of any
portion of the Work shall be deemed conditions beyond the control of the Contractor. If an
event of Excusable Delay occurs, the Contract Time shall be subject to adjustment hereunder
only if the Contractor establishes: (i) full compliance with all applicable provisions of the
Contract Documents relative to the method, manner and time for Contractor's notice and
request for adjustment of the Contract Time; (ii) that the event(s) forming the basis for
Contractor's request to adjust the Contract Time are outside the reasonable control and
without any fault or neglect of the Contractor or any person or entity directly or indirectly
engaged by Contractor in performance of any portion of the Work; and (iii) that the event(s)
forming the basis for Contractor's request to adjust the Contract Time directly and adversely
impacted the progress of the Work as indicated in the Approved Construction Schedule or
the most recent updated Approved Construction Schedule relative to the date(s) of the
claimed event(s) of Excusable Delay. The foregoing provisions notwithstanding, if the
Special Conditions set forth a number of "Rain Days" to be anticipated during performance
of the Work, the Contract Time shall not be adjusted for rain related unusually severe
weather conditions until and unless the actual number of Rain Days during performance of
the Work shall exceed those noted in the Special Conditions and such additional Rain Days
shall have directly and adversely impacted the progress of the Work as depicted in the
Approved Construction Schedule or the most recent updated Approved Construction
Schedule relative to the date(s) of such additional Rain Days.
7.4.2 Compensable Delays. If Substantial Completion of the Work or completion of an .
Interim Milestone is delayed and such delay is caused by the acts or omissions of the City,
the Architect, the Project Manager or separate contractor employed by the City (collectively
"Compensable Delays"), upon Contractor's request and notice, in strict conformity with
Articles 7 and 9 of these General Conditions, the Contract Time will be adjusted by Change
Order for such reasonable period of time as determined by the Architect, Project Manager
and the City. In accordance with California Public Contract Code § 7102, if the Contractor's
progress is delayed by any of the events described in the preceding sentence, Contractor shall
not be precluded from the recovery of damages directly and proximately resulting therefrom,
provided that the City is liable for the delay, the delay is unreasonable under the
circumstances involved and the delay was not within the reasonable contemplation of the
City and the Contractor at the time of execution of the Agreement. In such event,
Contractor's damages, if any, shall be limited to direct, actual and unavoidable additional
costs of labor, materials or Construction Equipment directly resulting from such delay, and
shall exclude indirect or other consequential damages. In no event shall Contractor's
damages exceed the mark-up amount(s) set forth in the Special Conditions and in accordance
with Article 9.4.1.3.4. Except as expressly provided for herein, Contractor shall not have any.
other claim. demand or right to adjustment of the Contract Price arising out of delay,
interruption, hindrance or disruption to the progress of the Work. Adjustments to the
Contract Price and the Contract Time, if any, on account of Changes to the Work or
Suspension of the Work shall be governed by the applicable provisions of the Contract
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Documents, including without limitation, Articles 9 and 14 of these General Conditions.
7.4.3 Unexcusable Delays. Unexcusable Delays refer to any delay to the progress of the
• Work caused by events or factors other than those specifically identified in Articles 7.4.1 and
7.4.2 above. Neither the Contract Price nor the Contract Time shall be adjusted on account
of Unexcusable Delays.
7.4.4 Adjustment of Contract Time.
7.4.4.1 Procedure for Adjustment of Contract Time. The Contract Time shall be
subject to adjustment only in strict confonnity with applicable provisions of the Contract
Documents. Failure of Contractor to request adjustment(s) of the Contract Time in strict
conformity with applicable provisions of the Contract Documents shall be deemed
Contractor's waiver of the same.
7.4.4.2 Limitations Upon Adjustment of Contract Time on Account of Delays.
Any adjustment of the Contract Time on account of an Excusable Delay or a
Compensable Delay shall be limited as set forth herein. If an Excusable Delay and a
Compensable Delay occur concurrently, the maximum extension of the Contract Time
shall be the number of days from the commencement of the first delay to the cessation of
the delay which ends last. If an Unexcusable Delay occurs concurrently with either an
Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time
shall be the number of days, if any, which the Excusable Delay or the Compensable
Delay exceeds the period of time of the Unexcusable Delay. No adjustment of the
Contract Time shall be made on account of any Excusable Delays or Compensable
Delays unless such delay(s) actually and directly impact Work or Work activities on the
critical path of the then current and updated Approved Construction Schedule as of the
• date on which such delay first occurs. The City shall not be deemed in breach of, or
otherwise in default of any obligation hereunder, if the City shall deny any request by the
Contractor for an adjustment of the Contract Time for any delay which does not actually
and directly impact Work on the then current and updated Approved Construction
Schedule. In submitting a request for an adjustment of Contract Time, and as a condition
precedent to the City's review of such request, Contractor shall insert into the then
current and updated Approved Construction Schedule a "fragnet" analysis representing
the event which Contractor claims to result in delay to the critical path as depicted in
such updated Approved Construction Schedule. If an Excusable Delay and a
Compensable Delay occur concurrently, the maximum extension of the Contract Time
shall be the number of days from the commencement of the first delay to the cessation of
the delay which ends last. If an Unexcusable Delay occurs concurrently with either an
Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time
shall be the number of days, if any, which the Excusable Delay or the Compensable
Delay exceeds the period of time of the Unexcusable Delay.
7.5 Liquidated Damages.
7.5.1 Contractor Delays. Pursuant to Government Code §53069.85, should the Contractor
not achieve Substantial Completion of the Work within the Contract Time, as adjusted, or to
complete an Interim Milestone or Final Completion in accordance with the times specified or
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provided for in the Contract Documents, the Contractor shall forfeit and pay to the City the
amount of per diem Liquidated Damages set forth in the Special Conditions, for every day
beyond the Contract Time, as adjusted, Interim Milestone or Final Completion, the Work is
achieved. Any such Liquidated Damages are automatically and without notice of any kind
forfeited by Contractor upon the accrual of each day of delay. The City may at any time
deduct Liquidated Damages from any payments due or to become due to the Contractor.
Neither the City's failure or delay in deducting Liquidated Damages from payments
otherwise due the Contractor, nor the City's failure or delay in notifying Contractor of the
forfeiture of Liquidated Damages, shall be deemed a waiver of the City's right to Liquidated
Damages. The Contractor and the Surety shall be liable for and pay to the City the entire
amount of Liquidated Damages including any portion that exceeds the amount of the
Contract' Price then held, retained or controlled by the City. The Contractor and City
acknowledge and agree that the Liquidated Damages and the provisions of this Article 7.5
are reasonable and necessary under the circumstances existing at the time this Contract is
made because of the difficulty of fixing the City's actual damages in the event of delayed
completion of the Work. The Contractor and the City agree that the Liquidated Damages do
not constitute a penalty. The Contractor and the Surety shall be liable to the City for any
Liquidated Damages exceeding any amount of the Contract Price then held or retained by the
City. In the event that the Contractor shall fail or refuse to correct or complete items of the
Work noted upon Substantial Completion and the City elects to exercise its right to cause
completion or correction of such items pursuant to Article 7.2.3.2 hereof, the City's
assessment of Liquidated Damages pursuant to the foregoing shall be in addition, and not in
lieu of, the City's right to charge Contractor with the cost of completing or correcting such
items of the Work, as provided for under Article 7.2.3.2.
7.5.2 City Delays. If the Contractor is delayed by the City or anyone employed by it and
granted an extension of time, or if the Contractor is delayed and the City is held responsible
for such delay, the Contractor and the City agree that it is impractical and infeasible to
determine the amount of actual damage suffered by the Contractor as a result of such delay.
Such damages include, but are not limited to, extended home and field office overhead,
impairment of bonding capacity, lost opportunity, and all other damages or claims, regardless
of tier, attributable, or claimed to be attributable to any such delay. Accordingly, in such an
instance, it is agreed that the City will pay to the Contractor as fixed and liquidated damages,
and not as a penalty, the sun of set forth in the Special Conditions for each calendar day of
delay beyond the Contract Time.
ARTICLE 8: CONTRACT PRICE
8.1 Contract Price. The Contract Price is the amount stated in the Agreement as such,
and subject to any authorized adjustments thereto in accordance with the Contract
Documents, is the total amount payable by the City to the Contractor for performance of the
Work under the Contract Documents. The City's payment of the Contract Price to the
Contractor shall be in accordance with the Contract Documents.
8.2 Cost Breakdown (Schedule of Values). Within fifteen (15) days of the Cost Loaded
•
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Contract Construction Schedule (Article 7.3.3), the Contractor shall furnish a detailed tabular
Cost Breakdown (Schedule of Values) of the Contract Price consistent with the cost-loaded
work activities included in the Approved Construction Schedule. In preparing the Cost
• Breakdown, Contractor shall carefully list the true cost of each activity or item for which
payment will be requested. The Contractor shall not "front-load" the Cost Breakdown with
false dollar amounts for activities to be performed in the early stages of the Project. The City
may, in its sole discretion, utilize the costs listed in the Cost Breakdown (Schedule of
Values) as the true cost of items to be deducted from the Contract Price through credit or
deductive Change Order. The values for each line item shall include the amount of overhead
and profit applicable to each item of work and shall include, at a minimum, a breakdown
between rough and finish Work for the basic trades as well as individual dollars figures for
large dollar equipment and materials to be installed or furnished for the Project. No
individual line item or scope of work in the Cost Breakdown shall exceed $50,000, except
with the express, written consent of the City. Exceptions will be given by the City for a
single item of Equipment for which the true cost exceeds $50,000. The Cost Breakdown
shall be subject to the City's review and approval of the form and content thereof. Upon
request, Contractor shall provide City with data and documentation substantiating the
accuracy of the proposed line items. In the event that the City shall reasonably object to any
portion of the Cost Breakdown, within ten (10) days of the City's receipt of the Cost
Breakdown, the City shall notify the Contractor, in writing of the City's objection(s) to the
Cost Breakdown together with any request for substantiating data or documentation. Within
five (5) days of the date of the City's written objection(s) and request for substantiating data
and documentation, Contractor shall submit a revised Cost Breakdown to the City forreview
and approval together with the requested data and documentation. The foregoing procedure
for the preparation, review and approval of the Cost Breakdown shall continue until the City
has approved of the entirety of the Cost Breakdown. Once the Cost Breakdown is approved
by the City, the Cost Breakdown shall not be thereafter modified or amended by the
Contractor without the prior consent and approval of the City, which may be granted or
withheld in the sole reasonable discretion of the City. Notwithstanding any provision of the
Contract Documents to the contrary, payment of the Contractor's overhead, supervision and
general conditions costs and profit, as such items are reflected in the Cost Breakdown, shall
be made incrementally as included in the activities included in the Approved Construction
Schedule.
8.3 Progress Payments.
8.3.1 Applications for Progress Payments. During the Contractor's performance of the
Work, the Contractor shall submit monthly, on the first working day of each month, to the
Project Manager, Applications for Progress Payments, on forms approved by the City, setting
forth an itemized estimate of Work completed in the preceding month. Values utilized in the
Applications for Progress Payments shall be based upon the proper updating of the Approved
Construction Schedule. The Cost Breakdown and/or Approved Cost Loaded Construction
Schedule, pursuant to Article 8.2 above, and such values shall be only for determining the
basis of Progress payments to the Contractor, and shall not be considered as fixing a basis for
adjustments, whether additive or deductive, to the Contract Price.
8.3.2 City's Review of Applications for Progress Payments. In accordance with Public
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Contract Code §20104.50, upon receipt of an Application for Progress Payment, the Project
Manager, the City's Inspector, and the Architect shall review the Application. Such review
shall be for the purpose of determining that the Application for Progress Payment is a proper
Progress Payment request. For purposes of this Article 8.3.2, an Application for Progress
Payment shall be deemed "proper" only if it is submitted on the properly completed form
approved by the City, and accompanied by:
(i) the Application submitted by the Contractor shall' be consistent with and
accompanied by the updated Approved Construction Schedule;
(ii) weekly Certified Payroll Records ("CPRs") of the Contractor and all Subcontractors,
of any tier, for laborers performing any portion of the Work for which a Progress
Payment is included. The City shall not make any payment to Contractor until (a)
Contractor and/or its Subcontractor(s) provide CPRs acceptable to the City, and (b)
the City is given sufficient time to review and/or audit the CPRs to determine their
acceptability. Any delay in Contractor and/or its Subcontractor(s) providing CPRs to
the City in a timely manner will delay the City's review and/or audit of the CPRs and
Contractor's payment;
(iii) duly completed and executed forms of Conditional Waiver and Release of Rights
Upon Progress Payment in accordance with California Civil Code § 3262 of the
Contractor, all Subcontractors of any tier, and Material Suppliers covering the
Progress Payment requested;
(iv) duly completed and executed forms of Unconditional Waiver and Release of Rights
upon Progress Payment in accordance with California Civil Code § 3262 of the
Contractor, all Subcontractors of any tier, and Material Suppliers covering the
Progress Payment received by the Contractor under the prior Application for •
Progress Payment;
(v) all documents required pursuant to the City's Labor Compliance Program; and
(vi) updated Record Documents reflecting the actual as-built conditions of the Work
performed, as reviewed by the Architect.
In accordance with Public Contract Code § 20104.50, an Application for Progress Payment
determined by the City not to be a proper Application for Progress Payment shall be returned
by the City to the Contractor as soon as is practicable after receipt of the same from the
Contractor, but in no event not more than seven (7) days after the City's receipt thereof. The
City's return of any Application for Progress Payment pursuant to the preceding sentence
shall be accompanied by a written document setting forth the reason(s) why the Application
for Progress Payment is not proper. Pursuant to the City's Labor Compliance Program,
Labor Code §1771.5 and other applicable law, the City shall withhold payments when
payroll records are delinquent or inadequate.
8.3.3 Architect and City's Inspector Review of Applications for Progress Payments.
Upon receipt of an Application for Progress Payment, the Architect and the City's Inspector
shall meet with the Contractor to inspect the completed work and verify the portion of the
work completed during the month using the approved Construction Schedule update and the
Cost Breakdown. The Application for Progress Payment shall reflect the agreed percentages
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of work complete that is properly due to the Contractor under the terms of the Contract
Documents. The Application submitted by. the Contractor shall be consistent with and
. accompanied by the updated Approved Construction Schedule.
8.3.4 City's Disbursement of Progress Payments.
8.3.4.1 Timely Disbursement of Progress Payments. In accordance with Public
Contract Code § 20104.50, within thirty (30) days after the City's receipt of a proper
Application for Progress Payment, there shall be paid, by City, to Contractor a sum equal
to ninety percent (90%) of the value of the Work indicated in the Application for
Progress Payment as verified and approved by the City's Inspector and the Architect. If
an Application for Progress payment is determined not to be proper due to the failure or
refusal of the contractor to submit the required documents with the Application for
progress payment, or if it is reasonably determined that the Record Documents have not
been continuously maintained to reflect the actual as-built conditions of the Work
completed in the period for which the Progress Payment is requested, the thirty (30) day
period hereunder for the City's timely disbursement of a Progress payment shall be
deemed to commence on the date that the City is actually in receipt of a complete and
proper Application for Progress payment or verifies the proper updating of the as-built
conditions.
8.3.4.2 Untimely Disbursement of Progress Payments. In accordance with Public
Contract Code §20104.50, in the event that the City shall fail to make any Progress
Payment within thirty (30) days after receipt of an undisputed and properly submitted
Application for Progress Payment, the City shall pay the Contractor interest on the
undisputed amount of such Application for Progress Payment equal to the legal rate of
• interest set forth in California Code of Civil Procedure § 685.010(a). The foregoing
notwithstanding, pursuant to the City's Labor Compliance Program, Labor Code § 1771.5
and other applicable law, the City shall withhold payments when payroll records are
delinquent or inadequate without penalty or payment of interest under Public Contract
Code §20104.50.
8.3.4.3 City's Right to Disburse Progress or Final Payments by Joint Checks.
The City may, in its sole discretion, issue joint checks to the Contractor and any
Subcontractor or Material Supplier providing work, labor, materials, equipment or
services for the project in satisfaction of its obligation to make Progress Payments or the
Final Payment due hereunder. City may require Contractor to provide copies of
applicable Subcontracts, purchase orders, rental invoices or materials invoices.
8.3.4.4 No Waiver of Defective or Non-Conforming Work. The approval of any
Application for Progress Payment or the disbursement of any Progress Payment to the
Contractor shall not be deemed nor constitute acceptance of defective Work or Work not
in conformity with the Contract Documents.
8.3.5 Progress Payments for Changed Work. The Contractor's Applications for Progress
Payment may include requests for payment on account of Changes in the Work.which have
been properly authorized and approved by the City's Inspector, the Architect and the Board.
Except as provided for herein, no other payment shall be made by the City for Changes in the
Work.
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8.3.6 Materials or Equipment Not Incorporated Into the Work.
8.3.6.1 Limitations Upon Payment. Except as expressly provided for herein, no
payments shall be made by the City on account of any item of the Work, including
without limitation, materials or equipment which has/have not been incorporated into and
made a part of the Work.
8.3.6.2 Materials or Equipment Delivered and Stored at the Site. The City may,
in its sole and exclusive discretion, make payment for materials or equipment not yet
incorporated into the Work if, a request for payment of such materials or equipment is
made and if all of the following are complied with: (a) the materials or equipment have
been delivered to the Site; (b) adequate arrangements, reasonably satisfactory to the City,
have been made by the Contractor to store and protect such materials or equipment at the
Site including without limitation, insurance reasonably satisfactory to the City, covering
and protecting against the risk of loss, destruction, theft or other damage to such
materials or equipment while in storage; and (c) the establishment of procedures
reasonably satisfactory to the City by which title to such materials or equipment will be
vested in the City upon the City's payment therefor. The Contractor acknowledges that
the discretion to make, or not to make, payment for materials or equipment delivered or
stored at the site of the Work pursuant to the preceding sentence shall be exercised
exclusively by the City; the City's exercise of discretion not to make payment for
materials or equipment delivered or stored at the Site, but not yet incorporated into the
Work shall not be deemed the City's default hereunder: In the event that the City shall
elect to make payment for materials or equipment delivered and stored at the Site, the
costs and expenses incurred to comply with the requirements of (b) and (c) of this Article
8.3.6.2 shall be borne solely and exclusively by the Contractor and no payment shall be
made by the City on account of such costs and expenses. •
8.3.7 Exclusions From Progress Payments. No payments shall be made by the City for
materials or equipment to be incorporated into the Work where such materials or equipment
have not been delivered or stored at the Site. The City shall not make any payment on
account of any materials or equipment which are in the process ofbeing fabricated or which
are in transit to the Site or other storage location. In addition to the City's right to withhold
disbursement of any Progress Payment provided for in the Contract Documents, neither the
Contractor's Application for Progress Payment shall include, nor shall the City be obligated
to disburse any portion of the Contract Price for amounts which the Contractor does not
intend to pay any Subcontractor, of any tier, or Material Supplier because ofa dispute or any
other reason.
8.3.8 Title to Work. The Contractor warrants that title to all Work covered by an
Application for Progress Payment will pass to the City no later than the time of payment.
The Contractor further warrants that upon submittal of an Application for Progress Payment,
all Work for which a Progress Payment has been previously issued and the Contractor has
received payment from the City therefor shall, to the best of the Contractor's knowledge,
information and belief, be free and clear of liens, claims, stop notices, security interests or
encumbrances in favor of the Contractor, Subcontractors, Material Suppliers or other persons
or entities making a claim by reason of having provided labor, materials and equipment
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relating to the Work.
8.4 Final Payment.
• 8.4.1 Application for Final Payment. When the Contractor has achieved Final
Completion of the Work and has otherwise fully performed its obligations under the Contract
Documents, the Contractor shall submit an Application for Final Payment on such form as
approved by the City. Thereupon, the Architect and the City's Inspector will promptly make
a final inspection of the Work and when the Architect and the City's Inspector find the Work
acceptable under the Contract Documents and that the Contract has been fully performed by
the Contractor, the Architect and the City's Inspector will thereupon promptly approve the
Application for Final Payment, stating that to the best their knowledge, information and
belief,.the Work has been completed in accordance with the terms of the Contract
Documents. The Final Payment shall include the remaining balance of the Contract Price
and any retention from Progress Payments previously withheld by the City.
8.4.2 Conditions Precedent to Disbursement of Final Payment. Neither Final Payment
nor any remaining Contract Price shall become due until the Contractor submits to the City
each and all of the following, the submittal of which are conditions precedent to the City's
obligation to disburse the Final Payment: (i) an affidavit or certification by the Contractor
that payrolls, bills for materials and other indebtedness incurred in connection with the Work
for which the City or the City's property may or might be responsible or encumbered have
been paid or otherwise satisfied; (ii) a certificate evidencing that insurance required by the
Contract Documents to remain in force after the Contractor's receipt of Final Payment is
currently in effect; (iii) a written statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover any period following Final Payment as
• required by the Contract Documents; if required (iv) consent of the Surety on the Labor and
Material Payment Bond and Performance Bond, to Final Payments if required; (v) duly
completed and executed forms of Conditional or Unconditional Waivers and Releases of
rights upon Final Payment of the Contractor, Subcontractors of any tier and Material
Suppliers in accordance with California Civil Code §3262, with each of the same stating that
there are, or will be, no claims for additional compensation after disbursement of the Final
Payment (vi) Operations and Maintenance manuals and separate warranties provided by any
manufacturer or distributor of any materials or equipment incorporated into the Work; (vii)
the Record Drawings; (viii) the form of Guarantee included in the Contract Documents duly
executed by an authorized representative of the Contractor; (ix) any and all other items or
documents required by the Contract Documents to be delivered to the City upon completion
of the Work; and (x) if required by the City, such other data establishing payment or
satisfaction of obligations such as receipts, releases and waivers of liens, stop notices, claims,
security interest or encumbrances arising out of the Contract to the extent and in such form as
may be required by the City.
8.4.3 Disbursement of Final Payment. Provided that the City is then in receipt of all
documents and other items in Article 8.4.2 above as conditions precedent to the City's
obligation to disburse Final Payment, not later than sixty (60) days following Final
Acceptance the City shall disburse the Final Payment to the Contractor. Pursuant to
California Public Contract Code §7107, if there is any dispute between the City and the
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Contractor at the time that disbursement of the Final Payment is due, the City may withhold
from disbursement of the Final Payment an amount not to exceed one hundred fifty percent
(150%) of the amount in dispute.
8.4.4 Waiver of Claims. The Contractor's acceptance of the Final Payment is a waiver and
release by the Contractor of any and all claims against the City for compensation or
otherwise in connection with the Contractor's performance of the Contract.
8.4.5 Claims Asserted After Final Payment. Any lien, stop notice or other claim filed or
asserted after the Contractor's acceptance of the Final Payment by any Subcontractor, of any
tier, laborer, Material Supplier or others in connection with or for Work performed under the
Contract Documents shall be the sole and exclusive responsibility of the Contractor who
further agrees to indemnify, defend and hold harmless the City and its officers, agents,
representatives and employees from and against any claims, demands or judgments arising or
associated therewith; including without limitation attorneys fees incurred by the City in
connection therewith. In the event any lien, stop notice or other claim of any Subcontractor,
Laborer, Material Supplier or others performing Work under the Contract Documents remain
unsatisfied after Final Payment is made, Contractor shall refund to City all monies that the
City may pay or be compelled to pay in discharging any lien, stop notice or other claim,
including, without limitation all costs and reasonable attorneys fees incurred by City in
connection therewith.
8.5 Withholding of Payments. The City may decline to pay the Contractor, or reduce or
withhold any portion of a payment otherwise due the Contractor for any Progress Payment or
the Final Payment on account of:
(i) In the City's opinion, the Work cannot be completed for the unpaid balance of the
Contract Price;
or amounts advanced by the City, on behalf of the Contractor as may be provided or
permitted in this Contract;
(vii) Notification has been given that a penalty will be assessed by any State, local or
municipal agency or by the for violations of any applicable laws, including, without
limitation, tax laws, labor laws and/or fair employment laws;
(viii) Any current and non-resolved non-compliance notices issued by any public agency;
(ix) Failure to satisfy any of the requirements of the Labor Compliance Program;
(x) Defective Work or Work not in conformity with the Contract Documents which is not
remedied as required in Article 12 herein;
(xi) Stop Notices or other liens or third party claims served upon the City in as a result of
the Co addition to the foregoing, the City shall not be obligated to process any Application
for Progress Payment or Final Payment, nor shall Contractor be entitled to any Progress
Payment or Final Payment so long as any lawful or proper direction concerning the Work or
the performance thereof or any portion thereof, given by the City, the City's Inspector, the
•
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Architect or any public authority having jurisdiction over the Work, or any portion thereof,
shall not be fully and completely complied with by the Contractor. When the City is
. reasonably satisfied that the Contractor has remedied any such deficiency, payment shall be
made of the amount withheld. If the on behalf of the Contractor.
8.6 Payments to Subcontractors. The Contractor shall pay all Subcontractors for and
on account of Work of the Contract performed by such Subcontractors in accordance with
the terms of their respective subcontracts and as provided for pursuant to California Public
Contract Code §10262, the provisions of which are deemed incorporated herein by this
reference. In the event of the Contractor's failure to make payment to Subcontractors in
conformity with Cali forma Public Contract Code § 10262, the provisions of California Public
Contract Code §10253 shall apply; by this reference, the provisions of California Public
Contract Code §10253 are incorporated herein in its entirety, except that the references in
said Section 10253 to "the director" shall be deemed to refer to the City.
ARTICLE 9: CHANGES
9.1 Changes in the Work. The City, at any time, by written order, may make Changes
within the general scope of the Work under the Contract Documents or issue additional
instructions, require additional Work or direct deletion of Work. The Contractor shall not
proceed with any Change involving an increase or decrease in the Contract Price or the
Contract Time without prior written authorization from the City. The foregoing
notwithstanding, the Contractor shall promptly commence and diligently complete any
Change to the Work subject to the City's written authorized issued pursuant to the preceding
sentence; the Contractor shall not be relieved or excused from its prompt commencement and
diligent completion of any Change subject to the City's written authorization by virtue of the
. absence or inability of the Contractor and the City to agree upon the extent of any adjustment
to the Contract Time or the Contract Price on account of such Change. The issuance of a
Change Order pursuant to this Article 9 in connection with any Change authorized by the
City under this Article 9.1 shall not be deemed a condition precedent to Contractor's
obligation to promptly commence and diligently complete any such Change authorized by
the City hereunder. The City's right to make Changes shall not invalidate the Contract nor
relieve the Contractor of any liability or other obligations under the Contract Documents.
Any requirement of notice of Changes in the scope of Work to the Surety shall be the
responsibility of the Contractor. The City may make Changes to bring the Work or the
Project into compliance with environmental requirements or standards established by state or
federal statutes and regulations enacted after award of the Contract.
9.2 Oral Order of Change in the Work. Any oral order, direction, instruction,
interpretation, or determination from the City, the City's Inspector or the Architect which in
the opinion of the Contractor causes any change to the scope of the Work, or otherwise
requires an adjustment to the Contract Price or the Contract Time, shall be treated as a
Change only if the Contractor gives the Architect and the City's Inspector written notice
within ten (10) days of the order, directions, instructions, interpretation or determination and
prior to acting in accordance therewith. Time is of the essence in Contractor's written notice
pursuant to the preceding sentence so that the City can promptly investigate and consider
alternative measures to address the order, direction, instruction, interpretation or
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determination giving rise to Contractors notice. Accordingly, Contractor acknowledges that
its failure, for any reason, to give written notice within ten (10) days of such order, direction,
instruction, interpretation or determination shall be deemed Contractor's waiver of any right •
to assert or claim any entitlement to an adjustment of the Contract Time or the Contract Price
on account of such order, direction, instruction, interpretation or determination. The written
notice shall state the date, circumstances, extent of adjustment to the Contract Price or the
Contract Time, if any, requested, and the source of the order, directions, instructions,
interpretation or determination that the Contractor regards as a Change. Unless the
Contractor acts in strict accordance with this procedure, any such order, direction,
instruction, interpretation or determination shall not be treated as a Change and the
Contractor hereby waives any claim for any adjustment to the Contract Price or the Contract
Time on account thereof.
9.3 Contractor Submittal of Data. Within fifteen (15) days after receipt of a written
order directing a Change in the Work or furnishing the written notice regarding any oral
order directing a Change in the Work, the Contractor shall submit to the City a detailed
written statement setting forth the amount of any adjustment to the Contract Priceon account
thereof, properly itemized and supported by sufficient substantiating data to permit
evaluation of the same, and the extent of adjustment of the Contract Time, if any, required by
such Change. No claim or adjustment to the Contract Price or the Contract Time shall be
allowed if not asserted by the Contractor in strict conformity herewith or if asserted after
Final Payment is made under the Contract Documents.
9.4 Adjustment to Contract Price and Contract Time on Account of Changes to the
Work.
9.4.1 Adjustment to Contract Price. Adjustments to the Contract Price due to Changes .
in the Work shall be determined by application of one of the following methods, in the
following order of priority:
9.4.1.1 Mutual Agreement. By negotiation and mutual agreement, on a lump sum
basis, between the City and the Contractor on the basis of the estimate of the actual and
direct increase or decrease in costs on account of the Change. Upon request of the City,
the Contractor shall provide a detailed estimate of increase or decrease in costs directly
associated with performance of the Change along with cost breakdowns of the
components of the Change and supporting data and documentation. The Contractor shall
be solely responsible for any additional costs or additional time arising out of, or related
in any manner to, its failure to provide the estimate of costs within fifteen (15) days after
the receipt of the written request of the City for such estimate.
9.4.1.2 Determination by the City. By the City, whether or not negotiations are
initiated pursuant to Article 9.4.1.1 above, based upon actual and necessary costs
incurred by the Contractor as determined by the City on the basis of the Contractor's
records. In the event that the procedure set forth in this Article 9.4.1.2 is utilized to
determine the extent of adjustment to the Contract Price on account of Changes to the
Work, promptly upon determining the extent of adjustment to the Contract Price, the City
shall notify the Contractor in writing of the same; the Contractor shall be deemed to have
accepted the City's determination of the amount of adjustment to the Contract Price on
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account of a Change to the Work unless Contractor shall notify the City, the Architect
and the City's Inspector, in writing, not more than fifteen (15) days from the date of the
City's written notice, of any objection to the City's determination. Failure of the
• Contractor to timely notify the City, the Architect and the City's Inspector of Contractor's
objections to the City's determination of the extent of adjustment to the Contract Price
shall be deemed Contractors acceptance of the City's determination and a waiver of any
right or basis of the Contractor to thereafter protest or otherwise object to the City's
determination. Notwithstanding any objection of the Contractor to the City's
determination of the extent of any adjustment to the Contract Price pursuant to this
Article 9.4.1.2, Contractor shall, pursuant to Article 9.7 below, diligently proceed to
perform and complete any such Change.
9.4.1.3 Basis for Adjustment of Contract Price. If Changes in the Work require an
adjustment of the Contract Price pursuant to Articles 9.4.1.1 or 9.4.1.2 above, the basis
for adjustment of the Contract Price shall be as follows:
9.4.1.3.1 Labor. Contractor shall be compensated for the costs of labor
actually and directly utilized in the performance of the Change. Such labor costs
shall be limited to field labor for which there is a prevailing wage rate classification.
Wage rates for labor shall not exceed the prevailing wage rates in the locality of the
Site and shall be in the labor classification(s) necessary for the performance of the
Change. Use of a labor classification which would increase labor costs associated
with any Change shall not be permitted. Labor costs shall exclude costs incurred by
the Contractor in preparing estimate(s) of the costs of the Change, in the maintenance
of records relating to the costs of the Change, coordination and assembly of materials
and information relating to the Change or performance thereof, or the supervision and
. other overhead and general conditions costs associated with the Change or
performance thereof.
9.4.1.3.2 Materials and Equipment. Contractor shall be compensated for the
costs of materials and equipment necessarily and actually used or consumed in
connection with the performance of Changes. Costs of materials and equipment may
include reasonable costs of transportation from a source closest to the site of the
Work and delivery to the Site. If discounts by Material Suppliers are available for
materials necessarily used in the performance of Changes, they shall be credited to
the City. If materials and/or equipment necessarily used in the performance of
Changes are obtained from a supplier or source owned in whole or in part by the
Contractor, compensation therefor shall not exceed the current wholesale price for
such materials or equipment. If, in the reasonable opinion of the City, the costs
asserted by the Contractor for materials and/or equipment in connection with any
Change is excessive, or if the Contractor fails to provide satisfactory evidence of the
actual costs of such materials and/or equipment from its supplier or vendor of the
same, the costs of such materials and/or equipment and the City's obligation for
payment of the same shall be limited to the then lowest wholesale price at which
similar materials and/or equipment are available in the quantities required to perform
the Change. The City may elect to furnish materials and/or equipment for Changes
to the Work, in which event the Contractor shall not be compensated for the costs of
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furnishing such materials and/or equipment or any mark-up thereon
9.4.1.3.3 Construction Equipment. Contractor shall be compensated for the
actual cost of the necessary and direct use of Construction Equipment in the .
performance of Changes to the Work. Use of such Construction Equipment in the
performance of Changes to the Work shall be compensated in increments of hourly,
weekly or monthly rates, whichever shall be the most economical to the City when
applied to the scope of the specific change. Rental time for Construction Equipment
moved by its own power shall include time required to move such Construction
Equipment to the site of the Work from the nearest available rental source of the
same. If Construction Equipment is not moved to the Site by its own power,
Contractor will be compensated for the loading and transportation costs in lieu of
rental time. The foregoing notwithstanding, neither moving time or loading and
transportation time shall be allowed if the Construction Equipment is used for
performance of any portion of the Work other than Changes to the Work. Unless
prior approval in writing is obtained by the Contractor from the Architect, the City's
Inspector and the City, no costs or compensation shall be allowed for time while
Construction Equipment is inoperative, idle or on standby, for any reason. The
Contractor shall not be entitled to an allowance or any other compensation for
Construction Equipment or tools used in the performance of Changes to the Work
where such Construction Equipment or tools have a replacement value of $1,000.00
or less. Construction Equipment costs claimed by the Contractor in connection with
the performance of any Change to the Work shall not exceed rental rates (Blue Book)
established by distributors or construction equipment rental agencies in the locality of
the Site; any costs asserted which exceed such rental rates shall not be allowed or
paid. Unless otherwise specifically approved in writing by the Architect, the City's .
Inspector and the City, the allowable rate for the use of Construction Equipment in
connection with Changes to the Work shall constitute full compensation to the
Contractor for the cost of rental, fuel, power, oil, lubrication, supplies, necessary
attachments, repairs or maintenance of any kind, depreciation, storage, insurance,
labor (exclusive of labor costs of the Construction Equipment operator), and any all
other costs incurred by the Contractor incidental to the use of such Construction
Equipment.
9.4.1.3.4 Mark-up on Costs of Changes to the Work. In the event a Change
adding to the Work is authorized by the City, Contractor shall be paid a mark-up on
the direct costs of the Change for general conditions and administration costs, all
overhead (including home office and field overhead) and profit, which mark-up shall
not exceed the percentage set forth in the Special Conditions, regardless of the
number of Subcontractors, of any tier, performing any portion of any Change to the
Work. Ifa Change to the Work reduces the Contract Price, themaximum adjustment
to the Contract Price shall be the actual cost reduction realized by the reduced or
deleted Work multiplied by the percentage set forth in the Special Conditions.
9.4.1.4 Contractor Maintenance of Records. In the event that Contractor shall be
directed to perform any Changes to the Work pursuant to Article 9.1 or 9.2, or should the
Contractor encounter conditions which the Contractor, pursuant to Article 9.6, believes
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would obligate the City to adjust the Contract Price and/or the Contract Time, Contractor
shall maintain detailed records on a daily basis. Such records shall include without
limitation hourly records for labor and Construction Equipment and itemized records of
•
materials and equipment used that day in connection with the performance of any Change
to the Work. In the event that more than one Change to the Work is performed by the
Contractor in a calendar day, Contractor shall maintain separate records of labor,
Construction Equipment, materials and equipment for each such Change. In the event
that any Subcontractor, of any tier, shall provide or perform any portion of any Change to
the Work, Contractor shall require that each such Subcontractor maintain records in
accordance with this Article. Each daily record maintained hereunder shall be signed by
Contractor's Superintendent or Contractor's authorized representative; such signature
shall be deemed Contractor's representation and warranty that all information contained
therein is true, accurate, complete•and relate only to the Change referenced therein. All
records maintained by a Subcontractor, of any tier, relating to the costs of a Change to
the Work shall be signed by such Subcontractor's authorized representative or
Superintendent. All records maintained hereunder shall be subject to inspection, review
and/or reproduction by the City, the Architect or the City's Inspector upon request. In the
event that Contractor shall fail or refuse, for any reason, to maintain or make available
for inspection, review and/or reproduction such records and the adjustment to the
Contract Price on account of any Change to the Work is determined pursuant to this
Article, the City's reasonable good faith determination of the extent of adjustment to the
Contract Price on account of such Change shall be final, conclusive, diapositive and
binding upon Contractor. Contractor's obligation to maintain records hereunder is in
addition to, and not in lieu of, any other Contractor obligation under the Contract
Documents with respect to Changes to the Work.
9.4.2 Adjustment to Contract Time. In the event of any Change(s) to the Work pursuant
to this Article 9, the Contract Time shall be extended or reduced by Change Order for a
period of time commensurate with the time reasonably necessary to perform such Change.
Such time shall be requested in writing by the Contractor with the Contract price Adjustment
Proposal. The time extension request shall be justified by the Contractor by submittal of a
CPM analysis accurately portraying the impact of the change on the critical path of the
project schedule. Changes performed within available float as indicated in the updated
Approved Construction Schedule shall not justify a time extension to the Contract. When
agreement is reached between the City and Contractor that a Change shall require an
extension of the contract time, the Contractor shall not be subject to Liquidated Damages for
such period of time. If completion of the Work is delayed by causes for which the City is
responsible and the delay is unreasonable under the circumstances involved, and not within
the contemplation of the Contractor and the City at the time of execution of the Agreement,
the Contractor shall not be precluded from the recovery of damages arising therefrom.
9.4.3 Addition or Deletion of Alternate Bid Item(s). If the Bid for the Work includes
proposal(s) for Alternate Bid Item(s), during Contractor's performance of the Work, the City
may elect, pursuant to this Article to add any such Alternate Bid Item(s) if the same did not
form a basis for award of the Contract or delete any such Alternate Bid Item(s) if the same
formed a basis for award of the Contract. If the City elects to add or delete any such
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Alternate Bid Item(s) pursuant to the foregoing, the cost or credit for such Alternate Bid
Item(s) shall be as set forth in the Contractor's Bid.
9.5 Change Orders. If the City approves of a Change, a written Change Order prepared .
on behalf of the City shall be forwarded to the Contractor describing the Change and setting
forth the adjustment to the Contract Time and the Contract Price, if any, on account of such
Change. All Change Orders shall be in full payment and final settlement of all claims for
direct, indirect and consequential costs, including without limitation, costs of delays or
impacts related to, or arising out of, items covered and affected by the Change Order, as well
as any adjustments to the Contract Time. Any claim or item relating to any Change
incorporated into a Change Order not presented by the Contractor for inclusion in the Change
Order shall be deemed waived. The Contractor shall execute the Change Order prepared
pursuant to the foregoing; once the Change Order has been prepared and forwarded to the
Contractor for execution, without the prior approval of the City which may be granted or
withheld in the sole and exclusive discretion of the City, the Contractor shall not modify or
amend the form or content of such Change Order, or any portion thereof. The Contractor's
attempted or purported modification or amendment of any such Change Order, without the
prior approval of the City, shall not be binding upon the City; any such unapproved
modification or amendment to such Change Order shall be null, void and unenforceable.
Unless otherwise expressly provided for in the Contract Documents or in the Change Order,
any Change Order issued hereunder shall be binding upon the City only upon action of the
City's Board of Education approving and ratifying such Change Order. In the event of any
amendment or modification made by the Contractor to a Change Order for which there is no
prior approval by the City, in accordance with the provisions of this Article 9.5, unless
otherwise expressly stated in its approval and ratification of such Change Order, any action
of the Board of Education to approve and ratify such Change Order shall be deemed to be •
limited to the Change Order as prepared by the Architect; such approval and ratification of
such Change Order shall not be deemed the City's approval and ratification of any
unapproved amendment or modification by the Contractor to such Change Order.
9.6 Contractor Notice of Changes. If the Contractor should claim that any instruction,
request, the Drawings, the Specifications, action, condition, omission, default, or other
situation obligates the City to increase the Contract Price or to extend the Contract Time, the
Contractor shall notify the City's Project Manager and the Architect, in writing, of such claim
within ten (10) days from the date of its actual or constructive notice of the factual basis
supporting the same. The City shall consider any such claim of the Contractor only if
sufficient supporting documentation is submitted with the Contractor's notice to the City's
Project Manager and the Architect. Time is of the essence in Contractor's written notice
pursuant to the preceding sentence so that the City can promptly investigate and consider
alternative measures to the address such instruction, request, Drawings, Specifications,
action, condition, omission, default or other situation. Accordingly, Contractor
acknowledges that its failure, for any reason, to give written notice (with sufficient
supporting documentation to permit the City's review and evaluation) within ten (10) days of
its actual or constructive knowledge of any instruction, request, Drawings, Specifications,
action, condition, omission, default or other situation for which the Contractor believes there
should an adjustment of the Contract Time or the Contract Price shall be deemed
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Contractor's waiver, release, discharge and relinquishment of any right to assert or claim any
entitlement to an adjustment of the Contract Time or the Contract Price on account of any
• such instruction, request, Drawings, Specifications, action, condition, omission, default or
other situation. In the event that the City determines that the Contract Price or the Contract
Time are subject to adjustment based upon the events, circumstances and supporting
documentation submitted with the Contractor's written notice under this Article 9.6, any such
adjustment shall be determined in accordance with the provisions of Articles 9.4.1 and 9.4.2.
9.7 Disputed Changes. In the event of any dispute or disagreement between the
Contractor and the City or the Architect regarding the characterization of any item as a
Change to the Work or as to the appropriate adjustment of the Contract Price or the Contract
Time on account thereof, the Contractor shall promptly proceed with the performance of
such item of the Work, subject to a subsequent resolution of such dispute or disagreement in
accordance with the terms of the Contract Documents. The Contractor's failure or refusal to
so proceed with such Work may be deemed to be Contractor's default ofa material obligation
of the Contractor under the Contract Documents.
9.8 Emergencies. In an emergency affecting the safety of life, or of the Work, or of
property, the Contractor, without special instruction or prior authorization from the City or
the Architect, is permitted to act at its discretion to prevent such threatened loss or injury.
Any compensation claimed by the Contractor on account of such emergency work shall be
submitted and determined in accordance with this Article 9.
9.9 Minor Changes in the Work. The Architect may order minor Changes in the Work
not involving an adjustment in the Contract Price or the Contract Time and not inconsistent
with the intent of the Contract Documents. Such Changes shall be effected by written order
• and shall be binding on the City and the Contractor. The Project Manager or the City's
Inspector may direct the Contractor to perform Changes provided that each such Change
does not result in an increase of more than $500.00 to the Contract Price and no adjustment
of the Contract Time. The Contractor shall carry out such orders promptly.
9.10 Unauthorized Changes. Any Work beyond the lines and grades shown on the
Contract Documents, or any extra Work performed or provided by the Contractor without
notice to the Architect and the City's Inspector in the manner and within the time set forth in
Articles 9.2 or 9.6 shall be considered unauthorized and at the sole expense of the Contractor.
Work so done will not be measured or paid for, no extension to the Contract Time will be
granted on account thereof and any such Work may be ordered removed at the Contractor's
sole cost and expense. The failure of the City to direct or order removal of such Work shall
not constitute acceptance or approval of such Work nor relieve the Contractor from any
liability on account thereof.
ARTICLE Ill: SEPARATE CONTRACTORS
10.1 City's Right to Award Separate Contracts. The City reserves the right to perform
construction or operations related to the Project with the City's own forces or to award
separate contracts in connection with other portions of the Project or other construction or
operations at or about the Site. If the Contractor claims that delay or additional cost is
involved because of such action by the City, the Contractor shall seek an adjustment to the
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Contract Price or the Contract Time as provided for in the Contract Documents. Failure of
the Contractor to request such an adjustment of the Contract Time or the Contract Price in
strict conformity with the provisions of the Contract Documents applicable thereto shall be •
deemed a waiver of the same.
10.2 City's Coordination of Separate Contractors. The City shall provide for
coordination of the activities of the City's own forces and of each separate contractor with the
Work of the Contractor, who shall cooperate with them. The Contractor shall participate
with other separate contractors and the City in reviewing their respective Construction
Schedules when directed to do so. The Contractor shall make any revisions to the Approved
Construction Schedule for the Work hereunder deemed necessary after a joint review and
mutual agreement. The Construction Schedules shall then constitute the Construction
Schedules to be used by the Contractor, separate contractors and the City until subsequently
revised.
10.3 Mutual Responsibility. The Contractor shall afford the City and separate
contractors reasonable opportunity for storage of their materials and equipment and
performance of their activities at the Site and shall connect and coordinate the Contractor's
Work, construction and operations with theirs as required by the Contract Documents.
10.4 Discrepancies or Defects. If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the City or a separate contractor, the
Contractor shall, prior to proceeding with that portion of the Work, promptly report to the
Project Manager any apparent discrepancies or defects in such other construction that would
render it unsuitable for such proper execution and results. Failure of the Contractor to so
report shall constitute an acknowledgment that the City's or separate contractors' completed
or partially completed construction is fit and proper to receive the Contractor's Work, except •
as to defects not then discoverable by the'Contractor's reasonable diligence.
ARTICLE 11: TESTS AND INSPECTIONS
11.1 Tests; Inspections; Observations.
11.1.1 Contractor's Notice. If the Contract Documents, laws, ordinances or any public
authority with jurisdiction over the Work requires the Work, or any portion thereof, to be
specially tested, inspected or approved, the Contractor shall give the Project Manger written
notice of the readiness of such Work for observation, testing or inspection at least two (2)
working days prior to the time for the conducting of such test, inspection or observation. If
inspection, testing or observation is by authority other than the City, the Contractor shall
inform the City's Inspector and the Project Manager not less than two (2) working days prior
to the date fixed for such inspection, test or observation. The Contractor shall not cover up
any portion of the Work subject. to tests, inspections or observations prior to the completion
and satisfaction of the requirements of such test, inspection or observation. In the event that
any portion of the Work subject to tests, inspection or approval shall be covered up by
Contractor prior to completion and satisfaction of the requirements of such tests, inspection
or approval, Contractor shall be responsible for the uncovering of such portion of the Work
as is necessary for performing such tests, inspection or approval without adjustment of the
Contract Price or the Contract Time on account thereof.
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11.1.2 Cost of Tests and Inspections. Costs for tests and inspection of materials shall be
paid by the City as provided for herein. Within twenty (20) days after the establishment of
• the Approved Construction Schedule pursuant to Article 7.3 hereof, the City shall submit to
the Contractor a written list of the portions of the Work subject to special tests or inspections
to be paid for by the City along with the number of hours or costs of testing or inspection
allocated for each such portion of the Work. Should any act, omission or other conduct of
the Contractor, any of its Subcontractors, of any tier, or Material Suppliers cause the number
of hours or the costs of such tests or inspections to exceed that set forth in the City's list
submitted pursuant to the foregoing, the Contractor shall be solely responsible for all such
excess costs and the City may deduct such amount from any portion of the Contract Price
then or thereafter due the Contractor. The City will pay for all tests and inspections provided
that, in addition to the cost to be paid by the Contractor previously set forth in this Article,
the Contractor shall pay for all tests and inspections under any of the following conditions:
(i) when such costs are stipulated in the provisions of the Contract Documents to be bomeby
the Contractor; (ii) when a material is tested or inspected and fails to meet the requirements
of the Specifications and/or Drawings; or (iii) when the source of the material is changed
after the original test or inspection has been made or approved.
11.1.3 Testing/Inspection Laboratory. The City shall select duly qualified person(s) or
testing laboratory(ies)_to conduct the tests and inspections to be paid for by the City and
required by the Contract Documents. All such tests and inspections shall be in conformity
with the latest adopted Title 24 of the California Code of Regulations. Where inspection or
testing is to be conducted by an independent laboratory or testing agency, materials or
samples thereof shall be selected by the laboratory, testing agency, the City's Inspector, the
Project Manager or the Architect and not by the Contractor.
• 11.1.4 Additional Tests, Inspections and Approvals. If the Architect, the Project
Manager, the City's Inspector or public authorities having jurisdiction over the Work
determine that portions of the Work require additional testing, inspection or approval, the
Project Manager shall instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the City, and the Contractor shall
give timely notice to the Project Manager of when and where tests and inspections are to be
made so the City's Inspector and the Architect may observe such procedures. The City shall
bear the costs of such additional tests, inspections or approvals, except to the extent that such
additional tests, inspections or approvals reveal any failure of the Work to comply with the
requirements of the Contract Documents, in which case the Contractor shall bear all costs
made necessary by such failures, including Without limitation, the costs of corrections, repeat
tests, inspections or approvals and the costs of the Architect's services or its consultants in
connection therewith. City may, at its sole discretion, order that all such similar systems,
installations, scopes of work or subtrade work used in connection with the Project be tested,
and the cost to test all such work shall be paid by the Contractor.
11.2 Delivery of Certificates. Required certificates of testing, inspection or approval shall, unless
otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered
to the Architect. If a material is not required to be tested, the Architect, Inspector or the City may
require Contractor to furnish a certificate bearing the official and legal signature of the supplier with
each delivery of such material, which certificate shall state that the material complies with the
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Specifications.
11.3 Timeliness of Tests, Inspections and Approvals. Tests or inspections required and
conducted pursuant to the Contract Documents shall be made or arranged by Contractor to avoid •
delay in the progress of the Work.
ARTICLE 12: UNCOVERING AND CORRECTION OF WORK
12.1 Inspection of the Work.
12.1.1 Access to the Work. All Work and all materials and equipment forming a part of the
Work or incorporated into the Work are subject to inspection by the City, the Project
Manager, the Architect and the City's Inspector for conformity with the Contract Documents.
The Contractor shall, at its cost and without adjustment to the Contract Price or the Contract
Time, furnish any facilities necessary for sufficient and safe access to the Work forpurposes
of inspection by the City, the Project Manager, the Architect, the City's Inspector, or any
other public or quasi-public authority with jurisdiction over the Work or any portion thereof.
12.1.2 Limitations Upon Inspections. Inspections, tests, measurements, or other acts of the
Architect and the City's Inspector hereunder are for the sole purpose of assisting them in
determining that the Work, materials, equipment, progress of the Work, and quantities
generally comply and conform with the requirements of the Contract Documents. These acts
or functions shall not relieve the Contractor from performing the Work in full compliance
with the Contract Documents. No inspection by the Architect or the City's Inspector shall
constitute or imply acceptance of Work inspected. Inspection of the Work hereunder is in
addition to, and not in lieu of, any other testing, inspections or approvals of the Work
required under the Contract Documents.
12.2 Uncovering of Work. If any portion of the Work is covered contrary to the request of the .
Architect, the City's Inspector, the Project Manager or the requirements of the Contract Documents,
it must be uncovered by the Contractor for observation by such City representative and be replaced
by the Contractor without adjustment of the Contract Time or the Contract Price.
12.3 Rejection of Work. Prior to the City's Final Acceptance of the Work, any Work or materials
or equipment forming a part of the Work or incorporated into the Work which is defective or not in
conformity with the Contract Documents may be rejected by the City, the Project Manager, the
Architect or the City's Inspector and the Contractor shall correct such rejected Work without any
adjustment to the Contract Price or the Contract Time, even if the Work, materials or equipment
have been previously inspected by the Architect or the City's Inspector or even if they failed to
observe the defective or non-conforming Work, materials or equipment.
12.4 Correction of Work. The Contractor shall promptly correct any portion of the Work
rejected by the City, the Project Manager, the Architect or the City's Inspector for failing to conform
to the requirements of the Contract Documents, or which is determined by them to be defective,
whether observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear all costs of correcting such rejected Work, including additional
testing and inspections and compensation for the Architect's or Inspector's services and expenses
made necessary thereby. The Contractor shall bear all costs of correcting destroyed or damaged
construction, whether completed or partially completed, of the City or separate contractors, caused
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by the Contractor's correction or removal of Work which is not in accordance with the requirements
of the Contract Documents, or which is defective.
• 12.5 Removal of Non-Conforming or Defective Work. The Contractor shall, at its sole cost and
expense, remove from the Site all portions of the Work which are defective or are not in accordance
with the requirements of the Contract Documents which are neither corrected by the Contractor nor
accepted by the City.
12.6 Failure of Contractor to Correct Work. If the Contractor fails to commence to correct
defective or non-conforming Work within three (3) days of notice of such condition and promptly
thereafter complete the same within a reasonable time, the City may correct it in accordance with the
Contract Documents. If the Contractor does not so proceed, the City may remove it and store the
salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of
such removal and storage after written notice, the City may sell such materials or equipment at
auction or at private sale and shall account for the proceeds thereof, after deducting costs and
damages that should have been bome by the Contractor, including without limitation compensation
for the Architect's and Inspector's services, attorneys fees and other expenses made necessary
thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the
Contract Price shall be reduced by the deficiency. If payments of the Contract Price then or
thereafter due the Contractor are not sufficient to cover such amount, the Contractor and the Surety
shall promptly pay the difference to the City.
12.7 Acceptance of Defective or Non-Conforming Work. The City may, in its sole and
exclusive discretion, elect to accept Work which is defective or which is not in accordance with the
requirements of the Contract Documents, instead of requiring its removal and correction, in which
case the Contract Price shall be reduced as appropriate and equitable.
ARTICLE 13: WARRANTIES
13.1 Workmanship and Materials. The Contractor warrants to the City that all materials and
equipment furnished under the Contract Documents shall be new, of good quality and of the most
suitable grade and quality for the purpose intended, unless otherwise specified in the Contract
Documents. All Work shall be of good quality, free from faults and defects and in conformity with
the requirements of the Contract Documents. If required by the City, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment incorporated into the
Work. Any Work, or portion-thereof not conforming to these requirements, including substitutions
or alternatives not properly approved in accordance with the Contract Documents may be deemed
defective. Where there is an approved substitution of, or alternative to, material or equipment
specified in the Contract Documents, the Contractor warrants to the City that such installation,
construction, material, or equipment will equally perform the function and have the quality of the
originally specified material or equipment. The Contractor expressly warrants the merchantability,
the fitness for use, and quality of al I substitute or alternative items in addition to any warranty given
by the manufacturer or supplier of such item.
13.2 WarrantyWork. If, within one year after the date of Final Acceptance, or such other time
frame set forth elsewhere in the Contract Documents, any of the Work is found to be defective or not
in accordance with the requirements of the Contract Documents, or otherwise contrary to the
warranties contained in the Contract Documents, the Contractor shall commence all necessary
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corrective action not more than seven (7) days after receipt of a written notice from the City to do so,
and to thereafter diligently complete the same. In the event that Contractor shall fail or refuse to
commence correction of any such item within said seven (7) day period or to diligently prosecute .
such corrective actions to completion, the City may, without further notice to Contractor, cause such
corrective Work to be performed and completed. In such event, Contractor and Contractor's
Performance Bond Surety shall be responsible for all costs in connection with such corrective Work,
including without limitation, general administrative overhead costs of the City in securing and
overseeing such corrective Work. Nothing contained herein shall be construed to establish a period
of limitation with respect to any obligation of the Contractor under the Contract Documents. The
obligations of the Contractor hereunder shall be in addition to, and not in lieu of, any other
obligations imposed by any special guarantee or warranty required by the Contract Documents,
guarantees or warranties provided by any manufacturer of any item or equipment forming a part of
or incorporated into the Work, or otherwise recognized, prescribed or imposed by law. Neither the
City's Final Acceptance, the making of Final Payment, any provision in Contract Documents, nor the
use or occupancy of the Work, in whole or in part, by City shall constitute acceptance of Work not in
accordance with the Contract Documents nor relieve the Contractor or the Contractor's Performance
Bond Surety from liability with respect to any warranties or responsibility for faulty or defective
Work or materials, equipment and workmanship incorporated therein.
13.3 Guarantee. Upon completion of the Work, Contractor shall execute and deliver to the City
the form of Guarantee included within the Contract Documents. The Contractor's execution and
delivery of the form of Guarantee is an express condition precedent to any obligation of the City to
disburse the Final Payment to the Contractor.
13.4 Survival of Warranties. The provisions of this Article 13 shall survive the Contractor's
completion of Work under the Contract Documents, the City's Final Acceptance or the termination
of the Contract.
ARTICLE 14: SUSPENSION OF WORK
14.1 City's Right to Suspend Work. The City may, without cause and without invalidating or
terminating the Contract, order the Contractor, in writing, to suspend, delay or interrupt the Work in
whole or in part for such period of time as the City may determine. The Contractor shall resume and
complete the Work suspended by the City in accordance with the City's directive, whether issued at
the time of the directive suspending the Work or subsequent thereto.
14.2 Adjustments to Contract Price and Contract Time. If the City orders a suspension of the
Work, an adjustment shall be made to the Contract Price for increases in the direct cost of
performance of the Work of the Contract Documents actually caused.by suspension, delay or
interruption ordered by the City; provided however that no adjustment of the Contract Price shall be
made to the extent: (i) that performance is, was or would have been so suspended, delayed or
interrupted by another cause for which the Contractor is responsible under the Contract Documents;
or (ii) that an equitable adjustment is made or denied under another provision of the Contract
Documents. Any such adjustment of the Contract price shall not include any adjustment to increase
the Contractor's overhead, general administrative costs or profit, all of which will remain as reflected
in the Cost Breakdown submitted by the Contractor pursuant to the Contract Documents. In the
event of the City's suspension of the Work, the Contract Time shall be equitably adjusted.
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ARTICLE 15: TERMINATION
• 15.1 Termination for Cause.
15.1.1 City's Right to Terminate. The City may terminate the Contract and/or the
Contractor's performance of the Contract, in whole or in part, upon the occurrence of any
one or more of the following events of the Contractor's default: (i) if the Contractor refuses
or fails to prosecute the Work with diligence as will ensure Substantial Completion of the
Work within the Contract Time, or if the Contractor fails to substantially Complete the Work
within the Contract Time; (ii) if the Contractor becomes bankrupt or insolvent, or makes a
general assignment for the benefit of creditors, or if the Contractor or a third party files a
petition to reorganize or for protection under any bankruptcy or similar laws, or ifa trustee or
receiver is appointed for the Contractor or for any of the Contractor's property on account of
the Contractor's insolvency, and the Contractor or its successor in interest does not provide
adequate assurance of future performance in accordance with the Contract Documents within
10 days of receipt of a request for such assurance from the City; (iii) if the Contractor
repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment; (iv)
if the Contractor repeatedly fails to make prompt payments to any Subcontractor, of any tier,
or Material Suppliers or others for labor, materials or equipment; (v) if the Contractor
disregards laws, ordinances, rules, codes, regulations, orders applicable to the Work or
similar requirements of any public entity having jurisdiction over the Work; (iv) if the
Contractor disregards proper directives of the Architect, the City's Inspector or City under the
Contract Documents; (vii) if the Contractor performs Work which deviates from the Contract
Documents and neglects or refuses to correct such Work; or (viii) if the Contractor otherwise
violates in any material way any provisions or requirements of the Contract Documents.
• Once the City determines that sufficient cause exists to justify the action, the City may
terminate the Contract without prejudice to any other right or remedy the City may have,
after giving the Contractor and the Surety at least seven (7) days advance written notice of
the effective date of termination. The City shall have the sole discretion to permit the
Contractor to remedy each cause for the termination without waiving the City's right to
terminate the Contract, or otherwise waiving, restricting or limiting any other right or remedy
of the City under the Contract Documents or at law.
15.1.2 City's Rights Upon Termination. In the event that the Contractor the Contractor's
performance of the Contract is terminated pursuant to this Article 15. 1, the City may take
over the Work and prosecute it to completion, pursuant to the Contract by contract or
otherwise, and may exclude the Contractor from the site. The City may take possession of
the Work and of all of the Contractor's tools, appliances, construction equipment, machinery,
materials, and plant which may be on the site of the Work, and use the same to the full extent
they could be used by the Contractor without liability to the Contractor. In exercising the
City's right to prosecute the completion of the Work, the City may also take possession of all
materials and equipment stored at the site of the Work or for which the City has paid the
Contractor but which are stored elsewhere, and finish the Work as the City deems expedient.
In exercising the City's right to prosecute the completion of the Work, the City shall have
the right to exercise its sole discretion as to the manner, methods, and reasonableness of the
costs of completing the Work and the City shall not be required to obtain the lowest figure
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for completion of the Work. In the event that the City takes bids for remedial Work or
completion of the Work, the Contractor shall not be eligible for the award of such contract(s).
15.1.3 Completion by the Surety. In the event that the Contract or the Contractor's .
performance of the Contract is terminated pursuant to this Article 15. 1, the City may demand
that the Surety take over and complete the Work. The City may require that in so doing, the
Surety not utilize the Contractor in performing and completing the Work. Upon the failure or
refusal of the Surety to take over and begin completion of the Work within fifteen (15) days
after demand therefor, the City may take over the Work and prosecute it to completion as
provided for above. Such remedy is in addition to, and not lieu of, other remedies available
to City as provided by law or in equity.
15.1.4 Assignment and Assumption of Subcontracts. The City shall, in its sole and
exclusive discretion, have the option of requiring any Subcontractor or Material Supplier to
perform in accordance with its Subcontract or Purchase Order with the Contractor and assign
the Subcontract or Purchase Order to the City or such other person or entity selected by the
City to complete the Work.
15.1.5 Costs of Completion. In the event of termination under this Article 15. 1, the
Contractor shall not be entitled to receive any further payment of the Contract Price until the
Work is completed. If the unpaid balance of the Contract Price as of the date of termination
exceeds the City's direct and indirect costs and expenses for completing the Work, including
without limitation, attorneys' fees and compensation for additional professional and
consultant services, such excess shall be used to pay the Contractor for the cost of the Work
performed prior to the effective date of termination with a reasonable allowance for overhead
and profit. If the City's costs and expenses to complete the Work exceed the unpaid Contract
Price, the Contractor and/or the Surety shall pay the difference to the City. .
15.1.6 Contractor Responsibility for Damages. The Contractor and the Surety shall be
liable for all damage sustained by the City resulting from, in any manner, the termination of
Contract under this Article 15. 1, including without limitation, attorneys' fees, and for all
costs necessary for repair and completion of the Work over and beyond the Contract Price.
15.1.7 Conversion to Termination for Convenience. In the event the Contract is
terminated under this Article 15. 1, and it is finally determined by an arbitrator, court, jury or
other tribunal having jurisdiction, for any reason, that the Contractor was not in default under
the provisions hereof or that the City's exercise of its rights under Article 15.1 was defective,
deficient, ineffective, invalid or improper for any reason, the termination shall be deemed a
Termination for Convenience of the City and thereupon, the rights and obligations of the
City and the Contractor shall be determined in accordance with Article 15.2 hereof.
15.1.8 City's Rights Cumulative. In the event the Contract is terminated pursuant to this
Article 15.1, the termination shall not affect or limit any rights or remedies of the City
against the Contractor or the Surety. The rights and remedies of the City under this Article
15.1 are in addition to, and not in lieu of, any other rights and remedies provided by law or
otherwise under the Contract Documents. Any retention or payment of monies to the
Contractor by the City shall not be deemed to release the Contractor or the Surety from any
liability hereunder.
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15.2 Termination for Convenience of the City. The City may at any time, in its sole and
exclusive discretion, by written notice to the Contractor, terminate the Contract or the Contractor's
• performance of the Contract, in whole or in part, when it is in the interest of, or for the convenience
of, the City. In such case, the Contractor shall be entitled to payment for: (i) Work actually
performed and in place as of the effective date of such termination for convenience of the City, with
a reasonable allowance for profit and overhead on such Work, and (ii) reasonable termination
expenses for reasonable protection of Work in place and suitable storage and protection of materials
and equipment delivered to the site of the Work but not yet incorporated into the Work, provided that
such payments exclusive of termination expenses shall not exceed the total Contract Price as reduced
by payments previously made to the Contractor and as further reduced by the value of the Work as
not yet completed. The Contractor shall not be entitled to profit and overhead on Work which was
not performed as of the effective date of the termination for convenience of the City or for any other
damages, direct or indirect, which Contractor or anyone claiming through Contractor alleges resulted
from the City's election to terminate under Article 15.2 or where a termination under Article 15.1
has been converted to a termination for convenience under Article 15.1.7. The City may, in its sole
discretion, elect to have subcontracts assigned pursuant to Article 15.1.4 above after exercising the
right hereunder to terminate for the City's convenience.
ARTICLE 16: MISCELLANEOUS
16.1 Governing Law. This Contract shall be governed by and interpreted in accordance with the
laws of the State of California.
16.2 Successors and Assigns. Except as otherwise expressly provided in the Contract
Documents, all terns, conditions and covenants of the Contract Documents shall be binding upon,
and shall inure to the benefit of the City and the Contractor and their respective heirs,
. representatives, successors-in-interest and assigns.
16.3 Cumulative Rights and Remedies; No Waiver. Duties and obligations imposed by the
Contract Documents and rights and remedies available thereunder shall be in addition to and not in
lieu of or otherwise a limitation or restriction of duties, obligations, rights and remedies otherwise
imposed or available by law. No action or failure to act by the City shall constitute a waiver of a
right or remedy afforded it under the Contract Documents or at law nor shall such an action or failure
to act constitute approval of or acquiescence in a breach hereunder, except as may be specifically
agreed in writing.
16.4 Severability. In the event any provision of the Contract Documents shall be deemed illegal,
invalid, unenforceable and/or void, by a court or any other governmental agency of competent
jurisdiction, such provision shall be deemed to be severed and deleted from the Contract Documents,
but all remaining provisions hereof, shall in all other respects, continue in full force and effect.
16.5 No Assignment by Contractor. The Contractor shall not sublet or assign the_Contract, or
any portion thereof, or any monies due thereunder, without the express prior written consent and
approval of the City, which approval may be withheld in the sole and exclusive discretion of the
City. The City's approval to such assignment shall be upon such terms and conditions as determined
by the City in its sole and exclusive discretion.
16.6 Independent Contractor Status. In performing its obligations under the Contract
Documents, the Contractor is an independent contractor to the City and not an agent or employee of
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the City.
16.7 Notices. Except as otherwise expressly provided for in the Contract Documents, all notices
which the City or the Contractor may be required, or may desire, to serve on the other, shall be
effective only if delivered by personal delivery or by postage prepaid, First Class Certified Return
Receipt Requested United States Mail, addressed to the City or the Contractor at their respective
address set forth in the Contract Documents, or such other address(es) as either the City or the
Contractor may designate from time to time by written notice to the other in conformity with the
provisions hereof. In the event of personal delivery, such notices shall be deemed effective upon.
delivery, provided that such personal delivery requires a signed receipt by the recipient
acknowledging delivery of the same. In the event of mailed notices, such notice shall be deemed
effective on the third working day after deposit in the mail.
16.8 Disputes; Continuation of Work. Notwithstanding any claim, dispute or other
disagreement between the City and the Contractor regarding performance under the Contract
Documents, the scope of Work thereunder, or any other matter arising out of or related to, in any
manner, the Contract Documents, the Contractor shall proceed diligently with performance of the
Work in accordance with the City's written direction, pending any final determination or decision
regarding any such claim, dispute or disagreement.
16.9 Dispute Resolution; Claims Under $375,000.00. Claims between the City and the
Contractor of $375,000.00 or less shall be resolved in accordance with the procedures established in
Part 3, Chapter 1, Article 1.5 of the California Public Contract Code, §§20104 et seq.; provided
however that California Public Contract Code §20104.2(x) shall not supersede the requirements of
the Contract Documents with respect to the Contractors notification to the City of such claim or
extend the time for the giving of such notice as provided in the Contract Documents. The tern
"claims" as used herein shall be as defined in California Public Contract Code §20104(b)(2).
16.10 No Attorney's Fees. Except as expressly provided for in the Contract Documents, or
authorized by law, neither the City nor the Contractor shall recover from the other any attorney's
fees or other costs associated with or arising out of any legal, administrative or other proceedings
filed or instituted in connection with or arising out of the Contract Documents or the performance of
either the City or the Contractor thereunder,
16.11 Marginal Headings; Interpretation. The titles of the various Articles of these General
Conditions and elsewhere in the Contract Documents are used for convenience of reference only and
are not intended to, and shall in no way, enlarge or diminish the rights or obligations of the City or
the Contractor and shall have no effect upon the construction or interpretation of the Contract,
Documents. The Contract Documents shall be construed as a whole in accordance with their fair
meaning and not strictly for or against the City or the Contractor.
16.12 Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in the Contract Documents is deemed to be inserted herein and
the Contract Documents shall be read and enforced as though such provision or clause are included
herein, and if through mistake, or otherwise, any such provision or clause is not inserted or if not
correctly inserted, then upon application of either party, the Contract Documents shall forthwith be
physically amended to make such insertion or correction.
16.13 Entire Agreement. The Contract Documents contain " the entire agreement and
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•
•
understanding between the City and the Contractor concerning the subject matter hereof, and
supersedes and replaces all prior negotiations, proposed agreements or amendments, whether written
or oral. No amendment or modification to any provision of the Contract Documents shall be
effective or enforceable except by an agreement in writing executed by the City and the Contractor.
END OF SECTION
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SECTION 00045
•
SPECIAL CONDITIONS
1.01 Contract Time.
A. Substantial Completion of the Work. The Work shall be commenced on the
date stated in the Notice to Proceed issued by the City to the Contractor and shall
be completed (Substantial Completion) within thirty five working days from and
after the date stated in the Notice to Proceed (Reference Article 7 of the General
Conditions).
B. Interim Milestone Completion Dates. Notwithstanding any provision of the
Contract Documents to the contrary, Contractor shall sequence and coordinate the
work so that portions of the work are completed as required by the Work Segment
Plan in accordance with the following interim start and completion dates:
Milestone No. 01: Work Segment 02, Construction: Includes all demolition and
construction activities shall start no earlier than [September 8'h, 2008] and shall
be completed (Final Completion) by [October 22"d, 2008].
E
1.02 Liquidated Damages.
A. Delayed Completion of the Work. Pursuant to Article 7 of the General
Conditions, the Contractor shall be subject to the assessment and withholding of
Liquidated Damages for failure'to achieve Substantial Completion of the Work
within the Contract Time as indicated in item LOLA, above. Liquidated Damages
shall be at the rate of $250.00 per day until Substantial Completion of the Work is
achieved.
B. Delayed Completion of Interim Milestones. The per day assessment of
Liquidated Damages for delayed Final Completion of each of the Interim
Milestone Work Segments is $150.00 per day per delayed Interim Milestone.
C. Delayed Final Completion of the Work. Pursuant to Article 7 of the General
Conditions, the Contractor shall be subject to the assessment and withholding of
Liquidated Damages for failure to achieve Final Completion of the Work in
accordance with the Contract Documents. Liquidated Damages shall be at the
rate of $250.00 per day until Final Completion of the Work is achieved.
D. Delayed Submittals. The per day assessment of Liquidated Damages for
Contractor's delayed submission of Submittals pursuant to Article 4.8.2.1 of the
General Conditions is $150.00 per day per Submittal until the required Submittal
is submitted.
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Pagel of 4
E. Cumulative Assessment of Liquidated Damages. If the Contractor fails to
timely delivery the Submittals, fails to achieve Final Completion of the Work
Segments as set forth herein, or fails to achieve Substantial or Final Completion
of the Work, the Contractor shall be subject to assessment and withholding of
Liquidated Damages in the amounts set forth above for each such portion of the
Work which is not timely delivered or completed within the time allocated for
each portion of the Work.
F. Contractor Liquidated Damages. Pursuant to Article 7 of the Contract General
Conditions, the agreed amount of liquidated damages to be paid by the City to the
Contractor shall be Two Hundred Filly Dollars ($250.00) per calendar day.
1.03 Insurance
A. Insurance Provided By Contractor. Pursuant to Article 6 of the General
Conditions, the Contractor shall provide and maintain the following insurance
coverage amounts as set forth below:
1. Workers Compensation Insurance
In accordance with limits established by law.
2. Employers Liability Insurance: $1,000,000
3. Commercial General Liability Insurance .
Per Occurrence $2,000,000
Aggregate $5,000,000
4. Automobile Liability Insurance $1,000,000
5. Builders Risk Insurance
In an amount equal to 110% of the original Contract Price.
6. Excess Products and Completed Operations $2,000,000
B. Insurance Provided' by Subcontractors.
Pursuant to Article 6 of the General Conditions, all Subcontractors and Sub-
Subcontractors shall provide and maintain the following insurance coverages,
with minimum coverage amounts as set forth below:
1. Workers Compensation Insurance
In accordance with limits established by law.
2. Employers Liability Insurance $1,000,000
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• 3. Commercial General Liability Insurance
Per Occurrence $1,000,000
Aggregate $2,000,000
4. Automobile Liability
Bodily Injury/Property Damage Per Occurrence $1,000,000
1.04 Drawings and Specifications.
The number of sets of the Drawings and Specifications, which the City will provide to the
Contractor, pursuant to Article 2.1.2 of the General Conditions, is one (1) set of
reproducible specifications with plans.
1.05 Number of Contract Documents.
The number of executed copies of the Agreement is Four (4), the number of Performance
Bonds and Payment Bonds required is Four (4).
1.06 Security. In addition to the security requirements set forth elsewhere in the Contract
Documents, the Contractor must adhere to the following:
A. Keys. The Contractor's site supervisor of the Work will be issued a key for that
site at the beginning of the Work. The key must not be duplicated, and the
Contractor is responsible for returning the key to the City when the Work at the
site is complete. The Contractor may be charged $1,000.00 per key, for any key
not returned to the City at the completion of the work.
B. Locked Door Policy. No building, room or site gate shall be left unsecured for
any period of time when not occupied by the Contractor and/or after the
Contractor's daily work hours.
1.07 Working Flours.
The working hours for this Contract shall be 7:00 a.m. to 6:00 p.m.
Work hours are subject to, standard construction hours per the Ordinance set by the City
of Rosemead. Contractor is expected to work weekends and holidays, as necessary, to
complete the work within the specified time of completion without any additional cost to
the City such weekend and holiday work is required to be authorized by the City
Engineer. ' At the City's request, Contractor shall modify the working hours for the
Contract without adjustment of the Contract Time or Contract Price. (Reference General
Conditions Article 7.2.1)
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1.08 Mark-ups on Changes to the Work.
In the event of Changes to the Work, the mark-up for all general conditions, costs,
overhead (including home and field office overhead) and profit, shall not exceed Fifteen
Percent (15%) of the direct actual costs.of the performance of an additive Change, as
determined in accordance with the provisions of Article 9.4 of the General Conditions. In
addition, the mark-up shall include the actual, direct cost of the bond for such Change,
not to exceed Two Percent (2%) of the direct, actual costs of the performance of the
Change.
The foregoing limitation or mark-up shall apply regardless of the number of
subcontractors, of any tier, performing any portion of such additive Change to the Work.
In the event that the Work of such additive Change is performed in part by a
subcontractor, Contractor agrees to allocate at least Ten Percent (10%) to such
subcontractor, with no more than Five Percent (5%) to be allocated to the Contractor. In
the event the Change is deductive, the City shall receive a credit equal to the value of the
direct actual costs of the Work of the deductive Change plus Ten Percent (10%) of such
direct actual costs for all general conditions, overhead (including home and field office
overhead), profit and bond.
1.09 Inclement Weather Days.
Pursuant to Article 7.4.1 of the General Conditions, the number of Rain Days (including
inclement weather) for this Contract is 3 days.
1.10 City's Project Manager.
The City's Project Manager is Del Terra Group.
1.11 Project Stabilization Agreement.
The City has entered into a Project Stabilization Agreement ("PSA") with the Los
Angeles & Orange Counties Building & Construction Trades Council and the Craft
Unions Affiliated with the Building & Construction Trades Department - AFL-CIO,
dated October 3, 2005. The PSA requires the City to bind prime multi-trade contractors
for all work in excess of $100,000.00, and all prime specialty single trade contractors for
all work in excess of $20,000, to the terms and conditions of the PSA. By submitting a
bid for the Work, Contractor agrees to be bound by the terms and conditions of the PSA
and abide by all requirements contained therein.
END OF SECTION
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SECTION 00050
• NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA
COUNTY OF
I, being first duly sworn, deposes and says that I
(Typed or Printed Name)
am the of the party
(Title) (Bidder Name)
submitting the foregoing Bid Proposal (the "Bidder"). In connection with the foregoing Bid
Proposal, the undersigned declares, states and certifies that:
1.01 The Bid Proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization or corporation.
1.02 The Bid Proposal is genuine and not collusive or sham.
1.03 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 other bidder or anyone else to put in sham bid, or to refrain from bidding.
• 1.04 The Bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price, or, that of any other
bidder, or to fix any overhead, profit or cost element of the bid price or that of any other
bidder, or to secure any advantage against the public body awarding the contract or of
anyone interested in the proposed contract.
1.05 All statements contained in the Bid Proposal and related documents are true.
1.06 The Bidder has not, directly or indirectly, submitted the 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 person, corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive
or sham bid.
Executed this day of 20 at
. CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
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(City, County and
NON-COLLUSION AFFIDAVIT
00050
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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. •
Signature (Address)
Name Printed or Typed (City, County and State)
( 1
(Area Code and Telephone Number)
9
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SECTION 00055
CJ
•
AGREEMENT
THIS AGREEMENT is made this day of 20, in the City of
Rosemead, County of Los Angeles, State of California, by and between City of Rosemead, a
hereinafter called the "City",and hereinafter called the
"Contractor", with a principal place of business located at
WITNESSETH, that the City and the Contractor in consideration of the mutual
covenants contained herein agree as follows:
1.01 The Work. Within the Contract Time and for the Contract Price, subject to adjustments
thereto pursuant to the Contract Documents, the Contractor shall perform and provide all
necessary labor, materials, tools, equipment, utilities, services and transportation to
complete in a workmanlike manner and in strict compliance with the terms and
conditions of the Contract Documents all of the Work required in connection with the
work of improvement commonly referred to as:
Contractor shall complete all Work covered by the Contract Documents, including
without limitation, the Drawings and Specifications prepared by the Architect, and other
Contract Documents enumerated in Article 5 below, along with all modifications and
addenda thereto, in strict accordance with the Contract Documents.
1.02 Contract Time. The Work shall be commenced on the date stated in the City's Notice to
Proceed. The Contractor shall achieve Substantial Completion of the Work within thirty
five (35) working days after the date stated in the City's Notice to Proceed (see Section
1.01 of the Contract Special Conditions and as otherwise provided in the Contract
Documents).
1.03 Contract Price. The City shall pay the Contractor as full consideration for the
Contractor's full, complete and faithful perfonnance of the Contractor's obligations
under the Contract Documents, subject to any additions or deduction as provided for in
the Contract Documents, the Contract Price of
Dollars 1. The Contract Price is based upon the
Contractor's Base Bid Proposal and the following Alternate Bid Items, if any:
The City's payment of the Contract Price shall be in accordance with the Contract
Documents.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
STANDARD SPECIFICATIONS
AGREEMENT
00055
VERSION 08-07
PAGE 1 OF 2
1.04 Liquidated Damages. In the event of the failure or refusal of the Contractor to achieve •
Completion of the Work of the Contract Documents within the Contract Time, as
adjusted, the Contractor shall be subject to assessment of Liquidated Damages in
accordance with the Contract Documents.
1.05 The Contract Documents. The Contract Documents consist of the following:
Notice to Contractors Calling for Bids
Labor and Material Payment Bond
Instructions for Bidders
Performance Bond
Bid Proposal
Certificate of Workers Compensation
Subcontractors List
Drug Free Workplace Certification
Non-Collusion Affidavit
Guarantee
Statement of Bidder's Qualifications
General Conditions
Bid Bond
Special Conditions
DVBE Participation Goal
Specifications
Agreement
Drawings
Project Stabilization Agreement
Labor Compliance Program
1.06 Authority to Execute. The individual(s) executing this Agreement on behalf of the
Contractor is/are duly and fully authorized to execute this Agreement on behalf of
Contractor and to bind the Contractor to each and every term, condition and covenant of
the Contract Documents.
IN WITNESS WHEREOF, this Agreement has been duly executed by the City and the
Contractor as of the date set forth above.
CITY CONTRACTOR
City of Rosemead,
(Contractor's License Number)
By: By:
Name:
Title:
(Corporate Sea])
END OF SECTION
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL AGREEMENT
STANDARD SPECIFICATIONS 00055
VERSION 08-07
PAGE 2OF2
SECTION 00060
• BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, as Principal,
and as Surety, are
held and firmly bound, along with our respective heirs, executors, administrators, successors and
assigns, jointly and severally, unto City of Rosemead, hereinafter "Obligee," for payment of the
penal sum hereof in lawful money of the United States, as more particularly set forth herein.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the Principal has submitted the accompanying Bid Proposal for the Work
commonly described as
and the Bid Proposal must be accompanied by Bid Security.
WHEREAS, subject to the terns of this Bond, the Surety is firmly bound unto the
Obligee in the penal sum of TEN PERCENT (10%) of the maximum amount of the Bid
Proposal submitted by the Principal to the Obligee, as set forth above, inclusive of additive
alternate bid items, if any.
• NOW THEREFORE, if the Principal shall not withdraw said Bid Proposal within the
period specified therein after the opening of the same, or, if no period be specified, for sixty (60)
days after opening of said Bid Proposal; and if the Principal is awarded the Contract, and shall
within the period. specified therefore, or if no period be specified, within five (5) days after the
prescribed forms are presented to him for signature, enter into a written contract with the
Obligee, in accordance with the Bid Proposal as accepted, and give such bond(s) with good and
sufficient surety or sureties, as may be required, for the faithful performance and proper
fulfillment of such Contract and for the payment for labor and materials used for the performance
of the Contract, or in the event of the withdrawal of said Bid Proposal within the period specified
for the holding open of the Bid Proposal or the failure of the Principal to enter into such Contract
and give such bonds within the time specified, if the Principal shall pay the Obligee the
difference between the amount specified in said Bid Proposal and the amount for which the
Obligee may procure the required Work and/or supplies, if the latter amount be in excess of the
former, together with all costs incurred by the Obligee in again calling for Bids or otherwise
procuring said Work or supplies, then the above obligation shall be void and of no effect,
otherwise to remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or the Call for Bids, the Work to be performed
thereunder, the Drawings or the Specifications accompanying the same, or any other portion of
the Contract Documents shall in any way affect its obligations under this Bond, and it does
. CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL BID BOND
STANDARD SPECIFICATIONS 00060
VERSION 08-07
PAGE 1 017 2
hereby waive notice of any such change, extension of time, alteration or addition to the terms of
said Contract, the Call for Bids, the Work, the Drawings or the Specifications, or any other
portion of the Contract Documents.
In the event that suit or other proceeding is brought upon this Bond by the Obligee, the
Surety shall pay to the Obligee all costs, expenses and fees incurred by the Obligee in connection
therewith, including without limitation, attorneys' fees.
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this
day of , 20_ by their duly authorized agents or representatives.
Bidder:
(corporate Sea])
Surety
(Corporate Seal)
(Attach Attomey-in-Fact Certificate)
(Principal's Name)
By:
(Signature)
(Typed or Printed Name & Title)
(Address)
(Surety's Name)
By:
(Signature of Attorney-in-Fact for Surety)
(Typed or Printed Name)
(Address of Surety's Office where Bond is issued)
(Area Code and Telephone Number of Surety)
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL BID BOND •
STANDARD SPECIFICATIONS 00060
VERSION 08-07
PAGE 2 OF 2
SECTION 00065
• PERFORMANCE BOND
KNO WALL MEN BY THESE PRESENTS,
That we , as Principal,
and , as Surety,
are held and firmly bound, along with our respective heirs, executors, administrators, successors
and assigns, jointly and severally, unto CITY OF ROSEMEAD, hereinafter "Obligee", for
payment of the penal sum of
Dollars ) in lawful money of the United States, as more particularly set forth
herein.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the Obligee, by action of its City Council, has awarded to the Principal a
Contract for the Work commonly described as:
WHEREAS, the Principal, on or about 20, entered into a contract
with the Obligee for performance of the Work; the Agreement and all other Contract Documents
set forth therein are incorporated herein and made a part hereof by this reference.
WHEREAS, by the terms of the Contract Documents ("Contract"), the Principal is
required to furnish a bond ensuring the Principal's prompt, full and faithful performance of the
Work of the Contract.
WHEREAS, the Principal and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrative, successors and assigns, to the Obligee for the prompt, full and
faithful performance of the Contract, which is incorporated herein by this reference.
NOW, THEREFORE, if the Principal shall promptly, fully and faithfully perform each
and all of the obligations and things to be done and performed by the Principal in strict
accordance with the terms of the Contract as said Contract may be modified or amended from
time to time; and if the Principal shall indemnify and save harmless the Obligee and all of its
officers, agents and employees from any and all losses, liability and damages, claims, judgments,
stop notices, costs, and fees of every description, whether imposed by law or equity, which may
be incurred by the Obligee by reason of the failure or default on the part of the Principal in the
performance of any or all of the terms or the obligations of the Contract, including all
modifications and amendments thereto, and any warranties or guarantees required thereunder;
then this obligation shall be void; otherwise, it shall be, and remain, in full force and effect.
• CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL PERFORMANCE BOND
STANDARD SPECIFICATIONS 00065
VERSION 08-07
PAGE 1 OF 3
In the event the Principal is declared by the Obligee to be in breach or default in the .
performance of the Contract, then, after written notice from the Obligee to the Surety, as
provided for herein, the Surety shall either remedy the default or breach of the Principal or shall
take charge of the Work of the Contract and complete the Contract with a Contractor other than
the Principal at its own expense; provided, however, that the procedure by which the Surety
undertakes to discharge its obligations under this Bond shall be subject to the advance written
approval of the Obligee.
If the Surety does not proceed to cure or remedy the Principal's default(s) of its
performance of the Contract with reasonable promptness, the Surety shall be deemed to be in
default on this Bond fifteen (15) calendar days after receipt of a written notice from Obligee to
the Surety demanding that the Surety perform its obligations under this Bond, and the Obligee
shall be entitled to enforce any remedy available to Obligee.
Within fifteen (15) calendar days of Obligee's written notice to the Surety of the failure of
performance of the Contract by the Principal, it shall be the duty of the Surety to give to the
Obligee an unequivocal notice in writing of the Surety's election to remedy the default(s) of the
Principal promptly, or to arrange for performance of the Contract promptly by a Contractor other
than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety
shall state the date of commencement of its cure or remedy of the Principal's default(s) or its
performance of the Contract. The Surety's obligations for cure or remedy, include but are not
limited to: correction of defective or incomplete work and completion of the Contract, additional
legal, design professional and delay costs arising from Surety's actions or failure to act; and
liquidated damages, or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non-performance by the Principal. The Surety shall give
prompt written notice to the Obligee upon completion of the cure or remedy of the Principal's
default(s) of its performance of the Contract.
In the event the Surety shall fail to issue its Notice of Election to Obligee within the time
provided for herein above, the Obligee may thereafter cause the cure or remedy of the Principal's
failure of performance or default or to complete the Work. The Principal and the Surety shall be
each jointly and severally liable to the Obligee for all damages and costs sustained by the
Obligee as a result of the Principal's failure of performance under the Contract Documents or
default in its performance of obligations thereunder, including without limitation the costs of
cure or completion exceeding the then remaining balance of the Contract Price.
The Surety, for value received, hereby stipulates and agrees that no change or adjustment
of the Contract Time or Contract Price, alterations, deletions, additions or any other
modifications to the Contract Documents, or the Work to be performed thereunder, shall in any
way limit, restrict, or otherwise affect the obligations of the Surety under this Bond. Surety
waives notice of any change or adjustment of the Contract Time or Contract Price, alterations,
deletions, additions or any other modifications to the Contract Documents, or the Work to be
performed thereunder and agrees to automatically adjust the penal sum of this Bond to reflect
any adjustments of the Contract Time or Contract Price which increase the Contract Price.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL PERFORMANCE BOND •
STANDARD SPECIFICATIONS 00065
VERSION 08-07
PAGE 2 OF 3
Principal and Surety agree that if Obligee is required to engage the services of an attorney
• in connection with enforcement of this Bond, each shall pay Obligee's costs and reasonable
attorney's fees incurred, with or without suit, in addition to the above penal sum.
The guarantees contained in this Bond survive Final Completion of the Work called for in
the Contract Documents with respect to the obligations and liabilities of the Principal, which
survive Final Completion of the Work.
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this
_day of 20 by their duly authorized agents or representatives.
(Corporate Sea]) (Principal Name)
By:
(Signature)
Title:
(Corporate Sea])
(Typed or Printed Name)
By:
(Surety Name)
(Signature of Attorney-in-Fact for Surety)
• (Attach Attorney-in-Fact Certificate) (Typed or Printed Name of Attomey-in-Fact)
(Address)
(Area Code and Telephone Number of Surety)
. CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL PERFORMANCE BOND
STANDARD SPECIFICATIONS 00065
VERSION 08-07
PAGF 3 OF 3
•
11
SECTION 00070
• LABOR AND MATERIAL PAYMENT BOND
CIVIL CODE §3247
KNOW ALL MEN BY THESE PRESENTS,
That we, as Principal, and
, as Surety, are
held and firmly bound, along with our respective heirs, executors, administrators, successors and
assigns, jointly and severally, unto CITY OF ROSEMEAD, hereinafter "Obligee", for payment
of the penal sum of
Dollars (S ) in lawful money of the United States, as more particularly set forth
herein.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the Obligee, by resolution of its City Council, has awarded to the Principal a
Contract for the Work commonly described as:
WHEREAS, the Principal, on or about 120_, entered into a
Contract with the Obligee for performance of the Work; the Agreement and all other Contract
Documents set forth therein are incorporated herein and made a part hereof by this reference.
WHEREAS, by the terms of the Contract Documents, the Principal is required to furnish
a bond for the prompt, full and faithful payment to any Claimant, as hereinafter defined, for all
labor, materials or services used, or reasonably required for use, in the performance of the Work.
NOW THEREFORE, if the Principal shall promptly, fully and faithfully make payment
to any Claimant for all labor, materials or services used or reasonably required for use in the
performance of the Work, then this obligation shall be void; otherwise, it shall be, and remain, in
full force and effect.
The term "Claimant" shall refer to any person, corporation, partnership, proprietorship or
other entity including without limitation, all persons and entities described in California Civil
Code §3181, providing or furnishing labor, materials or services used or reasonably required for
use in the performance of the Work under the Contract Documents, without regard for whether
such labor, materials or services were sold, leased or rented. This Bond shall inure to the benefit
of all Claimants so as to give them, or their assigns and successors, a right of action upon this
Bond.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL LABOR AND MATERIAL PAYMENT BOND
STANDARD SPECIFICATIONS 00070
VERSION 08-07
PAGE- I OF 2
In the event that suit is brought on this Bond by any Claimant for amounts due such
Claimant for labor, materials or services provided or furnished by such Claimant, the Surety shall
pay for the same and reasonable attorneys' fees pursuant to California Civil Code §3250.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, deletion, addition, or any other modification to the terms of the Contract
Documents, the Work to be performed thereunder, the Specifications or the Drawings, or any
other portion of the Contract Documents, shall in any way limit, restrict or otherwise affect its
obligations under this Bond; the Surety hereby waives notice from the Obligee of any such
change, extension of time, alteration, deletion, addition or other modification to the Contract
Documents, the Work to be performed under the Contract Documents, the Drawings or the
Specifications of any other portion of the Contract Documents.
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this
day of 20_ by their duly authorized agents or representatives.
(Corporate Seal)
(Principal Name)
By:
(Signature)
(Typed or Printed Name)
Title:
(Corporate Seal)
(Surety Name)
By:
(Signature of Attomey-in-Fact for Surety)
(Attach Attorney-in-Fact Certificate)
(Typed or Printed Name of Attomey-in-Fact)
(Address)
(Area Code and Telephone Number of Surety)
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL LABOR AND MATERIAL PAYMENT BOND
STANDARD SPECIFICATIONS 00070
VERSION 08-07
PAGE 2 OF 2
SECTION 00075
I~
GUARANTEE
CITY OF ROSEMEAD
(Contractor's Name) hereby unconditionally guarantees that
the work performed under and pursuant to City's Contract No. for the Project known
as ("Project") has been done in strict accordance
with the requirements of the Contract and therefore further guarantees the work of the contract to be
and remain free of defects in workmanship and materials for a period of one (1) year from the date
of completion of the contract, unless a longer guarantee period is called for by the Contract
Documents, in which case the terms of the longer guarantee shall govern. The Contractor hereby
agrees to repair or replace any and all work, together with any other work which may have been
damaged or displaced in so doing, that may prove to be not in accordance with the requirements of
the Contract or that may be defective in its workmanship or materials within the guarantee period
specified, without any expense whatsoever to the City, ordinary wear and tear and unusual abuse
and neglect only excepted. The Contractor has provided contract bonds which will remain in full
force and effect during the guarantee period.
The Contractor further agrees that within ten (10) calendar days after being notified in writing by
the City of any work not in accordance with the requirements of the contract or any defects in the
work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of
this guarantee, and to complete the work within a reasonable period of time. In the event he fails to
so comply, he does hereby authorize the City to proceed to have such work done at the Contractor's'
expense and he will pay the cost thereof upon demand. The City shall be entitled to all costs,
including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the
above costs.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate
hazard to the health or safety of the employees of the City, or its property or licensees, the City may
undertake at the Contractor's expense without prior notice, all work necessary to correct such
hazardous condition when it was caused by the work of the Contractor not being in accordance with
the requirements of this contract, or being defective, and to charge the same to the Contractor as
specified in the preceding paragraph.
The guarantee set forth herein is not intended by the parties, nor shall it be construed, as in any way
limiting or reducing the City's rights to enforce all terms of the contract referenced hereinabove or
the time for enforcement thereof. This guarantee is provided in addition to, and not in lieu of; the
City's rights on such contract.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL GUARANTEE
STANDARD SPECIFICATIONS 00075
VERSION 08-07
PAGE 1 OF 2
CONTRACTOR'S SIGNATURE
SUBCONTRACTOR'S SIGNATURE
Representative to be contacted for services:
Phone N
Fax N
0
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL GUARANTEE .
STANDARD SPECIFICATIONS 00075
VERSION 08-07
PAGE 2 OF 2
SECTION 00080
. CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
I, the
(Name) (Title)
of declare, state and certify that:
(Contractor Name)
1.01 1 am aware that California Labor Code §3700(x) and (b) provides:
"Every employer except the state shall secure the payment of compensation in one
or more of the following ways:
A. By being insured against liability to pay compensation in one or more insurers
duly authorized to write compensation insurance in this state.
B. By securing from the Director of Industrial Relations a certificate of consent to
self-insure either as an individual employer, or one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees."
• 1.02 1 am aware that the provisions of California Labor Code §3700 require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and 1 will comply with such provisions
before commencing the performance of this Contract.
By:
(Signature)
(Date)
CITY OF ROSEMEAD PARK
. PEDESTRIAN TRAIL
STANDARD SPECIFICATIONS
CERTIFICATE OF WORKERS' COMPENSATION
INSURANCE
00080
VERSION 08-07
PAGE I OF I
0
SECTION 00085
DRUG-FREE WORKPLACE CERTIFICATION
the
(Name) (Title)
of declare, state and certify that:
(Contactor Name)
1.01 I am aware of the provisions and requirements of California Government Code §§8350 et
seq., the Drug Free Workplace Act of 1990.
1.02 1 am authorized to certify, and do certify, on behalf of Contractor that a drug free
workplace will be provided by Contractor by doing all of the following:
A. . Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited in Contractor's workplace and specifying actions which will be taken
against employees for violation of the prohibition;
B. Establishing a drug-free awareness program to inform employees about all of the
following:
LJ
1. The dangers of drug abuse in the workplace;
2. Contractor's policy of maintaining a drug-free workplace;
3. The availability of drug counseling, rehabilitation and employee-
assistance programs; and
4. The penalties that may be imposed upon employees for drug abuse
violations;
C. Requiring that each employee engaged in the performance of the Contract be
given a copy of the statement required by subdivision (A), above, and that as a
condition of employment by Contractor in connection with the Work of the
Contract, the employee agrees to abide by the terns of the statement.
1.03 Contractor agrees to fulfill and discharge all of Contractor's obligations under the terms
and requirements of California Government Code §8355 by, inter alia, publishing a
statement notifying employees concerning: (a) the prohibition of any controlled substance
in the workplace, (b) establishing a drug-free awareness program, and (c) requiring that
each employee engaged in the performance of the Work of the Contract be given a copy
of the statement required by California Government Code §8355(a) and requiring that the
employee agree to abide by the terns of that statement.
• CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL DRUG-FREE WORKPLACE CERTIFICATION
STANDARD SPECIFICATIONS 00085
VERSION 08-07
PAGE I OF 2
1.04 Contractor and I understand that if the City determines that Contractor has either: (a)
made a false certification herein, or (b) violated this certification by failing to carry out •
and to implement the requirements of California Government Code §8355, the Contract
awarded herein is subject to termination, suspension of payments, or both. Contractor
and I further understand that, should Contractor violate the terms of the Drug-Free
Workplace Act of 1990, Contractor may be subject to debarment in accordance with the
provisions of California Government Code §§8350, et sue.
1.05 Contractor and I acknowledge that Contractor and I are aware of the provisions of
California Government Code §§8350, et sue. and hereby certify that Contractor and I will
adhere to, fulfill, satisfy and discharge all provisions of and obligations under the Drug-
Free Workplace Act of 1990.
I declare under penalty of perjury under the laws of the State of California that all of the
foregoing is true and correct.
Executed at this day of , 20
(City and State)
(Signature)
J
(Typed or Printed Name)
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL DRUG-FREE WORKPLACE CERTIFICATION •
STANDARD SPECIFICATIONS 00085
VERSION 08-07
PAGE 2 OF 2
SECTION 00095
• DISABLED VETERAN BUSINESS ENTERPRISE ("DVBE")
PARTICIPATION GOAL
1. DVBE Participation Policy. The City is committed to achieving the legislatively and
administratively established Participation Goal for Disabled Veteran Business Enterprises
("DVBEs") Through the DVBE participation program, the City encourages contractors to
ensure maximum opportunities for the participation of DVBEs in the Work of the
Contract.
2. Definitions.
2.1 Disabled Veteran. A "Disabled Veteran" means a veteran of the military, naval, or air
service of the United States with at least ten percent (10%) service-connected disability
who is a resident of the State of California.
2.2 Disabled Veteran Business Enterprise. A "Disabled Veteran Business Enterprise"
("DVBE") means a business enterprise certified by the Office of Small and Minority
Business, State of California, Department of General Services, pursuant to Military and
Veterans Code §999, or an enterprise certifying that it is a DVBE by meeting all of the
following requirements: (a) it is a sole proprietorship at least fifty-one percent (51%)
. owned by one or more Disabled Veterans, or in the case of a publicly owned business, at
least fifty-one percent (51%) of its stock is owned by one or more Disabled Veterans; or a
subsidiary wholly owned by a parent corporation, but only if at least fifty-one percent
(51%) of the voting stock of the parent corporation is owned by one or more Disabled
Veterans; or a joint venture in which at least fifty-one percent (51%) of the joint venture's
management and control and earnings are held by one or more Disabled Veteran; (b) the
management and control of the daily business operations are by one or more Disabled
Veterans; provided that the Disabled Veteran(s) exercising management and control of
the business enterprise are not required to be the same Disabled Veteran(s) who is/are the
equity Owner(s) of the business enterprise; and (c) it is a sole proprietorship, corporation,
or partnership with its home office located in the United States and which is not a branch
or subsidiary of a foreign corporation, foreign firm, or other foreign-based business. The
terms "foreign corporation" "foreign firm" and "foreign-based business" shall be deemed
to mean a business entity that is incorporated or which has its principal headquarters
located outside the United States of America.
3. DVBE Participation Goal. The term "Participation Goal" is a numerically expressed
objective for DVBE participation in performing the Work of the Contract. The
Participation Goal is not a quota, set-aside or rigid proportion. Through action of the
City's Council Board, the City has established a DVBE Participation Goal of Three
Percent (3%) of the total Contract Amount.
. CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL DVBE
STANDARD SPECIFICATIONS 00095
VERSION 08-07
PAGE IOF3
4. Monitoring of DVBE Participation and Submission of Report.
4.1 Submission of Report. During performance of the Contract, Contractor shall monitor
the Work of the Contract, award of subcontracts and contracts for materials, equipment
and supplies for the purpose of determining DVBE participation in the Work of the
Contract. Contractor shall report on a monthly basis all DVBE's utilized in the
performance of the Work, the type or classification of the Work performed by each such
DVBE and the dollar value of the Work performed by each such DVBE. In addition,
upon completion of the Work of the Contract, Contractor shall submit a report to the City
in the form attached hereto identifying all DVBEs utilized in the performance of the
Work, the type or classification of the Work performed by each such DVBE and the
dollar value of the Work performed by each such DVBE. The submission to the City of
such report shall be deemed a condition precedent to the City's obligation to make
payment of the Final Payment under the Contract Documents. The submission of such
report shall be in addition to, and not in lieu of, any other conditions precedent set forth
in the Contract Documents for the City's obligation to make payment of the Final
Payment. The City reserves the right to request additional information or documentation
from the Contractor evidencing efforts to comply with the DVBE Participation Goal.
4.2 Contract Audit. Contractor agrees that the City, or its designee, shall have the right to
review, obtain and/or copy any and all writings, materials, documents and other records
pertaining to the performance of the Contract. Contractor agrees that the City, or its
designee, shall have access to any of Contractor's premises upon reasonable notice,
during usual business hours for the purpose of interviewing employees and inspecting
and/or copying such writings, materials, documents and other documents which may be
relevant to a matter under investigation for the purpose of determining compliance with
the DVBE Participation Goal.
0
0
CITY OF ROSEMFAD PARK PEDESTRIAN TRAIL DVBE •
STANDARD SPECIFICATIONS 00095
VERSION 08-07
PAGE 2 OF 3
• Contractor Name:
DVBE PARTICIPATION REPORT
Project Name:
Date:
Firm Name of DVBE I Trade/Portion of Work I Value of Work
0
Does the cumulative dollar value of the foregoing DVBE participation meet or exceed three
percent (3%) of the final Contract Amount, as adjusted by all change orders?
YES
NO
If your response is "NO", please attach to this Report a detailed description of the reasons for
your failure to achieve the City's DVBE Participation Goal.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
STANDARD SPECIFICATIONS
DVBE
00095
VERSION 08-07
PAGE 3 OF 3
•
0
SECTION 01045
• CUTTING AND PATCHING -
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work included: This Section establishes general requirements pertaining
to cutting (including excavating), fitting, and patching of the Work. The
Contractor shall do all cutting, fitting, or patching of Work as required to
make its several parts come together properly and fit to receive or be
received by work of others or reasonably implied by the Drawings and
Specifications for the completed structure as Architect may direct. In
addition, the Contractor shall do the following:
1. Uncover work to provide for installing, inspecting, or both, of ill-
timed work;
2. Remove and replace work not conforming to requirements of the
Contract Documents; and
3. Remove and replace defective work.
B. All costs caused by defective or ill-timed work shall be borne by
Contractor.
C. The Contractor shall not endanger any work by cutting, excavating, or
. otherwise altering work and shall not cut or alter work of any others
except with consent of Architect.
D. Related work:
1. Documents affecting work of this Section include, but are not
necessarily limited to, the Conditions of the Contract and Sections
in Division 1 of these Specifications.
2. In addition to other requirements specified, upon the request of
the Architect or the IOR, uncover work to provide for inspection of
the covered work and remove samples of installed materials for
testing.
1.02 QUALITY ASSURANCE
A. Use adequate numbers of skilled personnel who are thoroughly trained
and experienced in the necessary crafts and who are completely familiar
with the specified requirements and the methods needed for proper
performance of the work of this Section.
1.03 SUBMITTALS
A. Request for Architect's consent:
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1. Prior to cutting which effects structural safety, submit written
request to the Architect through the Construction Manager for
permission to proceed with cutting.
2. Should conditions of the Work, or schedule, indicate a required
change of materials or methods for cutting and patching, so notify
the Architect through the Construction Manager in writing and
secure written permission.
PART 2-PRODUCTS
2.01 MATERIALS
A. For replacement of items removed, use materials complying with
pertinent Section of these Specifications.
PART 3 - EXECUTION
3.01 SURFACE CONDITIONS
A. Inspection:
1. Inspect existing conditions, including elements subject to
movement or damage during cutting, excavating, patching, and
backfilling. .
2. After uncovering the work, inspect conditions affecting installation
of the new work.
B. Discrepancies:
1. If uncovered conditions are not as anticipated, immediately notify
the Architect, in writing through the Construction Manager, and
secure needed directions.
2. Do not proceed until unsatisfactory conditions are corrected.
3.02 PREPARATION PRIOR TO CUTTING
A. Provide required protection including, but not necessary limited to,
shoring, bracing, and support to maintain structural integrity of the Work.
B. Locate all utilities prior to cutting and/or excavation
3.03 PERFORMANCE
A. Perform required excavating and backfilling as required under other
pertinent Sections of these Specifications.
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1. Perform cutting and demolition by methods that will prevent
. damage to other portions of the Work and provide proper surfaces
to receive installation of repair and new,work.
2. Perform fitting and adjusting of products to provide finished
Installation complying with the specified tolerances and finishes.
END OF SECTION
•
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SECTION 02110
SITE CLEARING AND DEMOLITION
PART 1-GENERAL
All applicable portions of Specification Division 1 including the drawings and general
provisions of the contract; the general and supplementary conditions apply to work of
this section as if printed herein.
The following are minimum requirements and shall govern, except that all local, state
and/or federal codes and ordinances shall govern when their requirements are in excess
hereof.
1.1 SECTION INCLUDES: Description of requirements for materials, fabrications,
and installation Site Clearing and Demolition and associated accessory items
including, but not necessarily limited to, the following:
1.1.1 Work includes clearing and grubbing of the site, including the removal of
debris, grass, vegetation, foreign objects, irrigation pipe and irrigation
main pipe from the site, as required or as also indicated on the drawings.
•
1.1.2 Grading, stripping and stock piling of topsoil.
1.2 RELATED WORK:
1.2.1 Section 02200 - Earthwork: Dust suppression and project conditions
1.2.2 Remove designated equipment and fixtures, and backstops.
1.2.3 Cap and identify utilities where required.
1.24 Improvements to the Site.
1.3 QUALITY ASSURANCE:
1.3.1 Comply with applicable portions of codes and regulations of governmental
agencies having jurisdiction, including applicable portions of CBC,
Chapter 33.
1.3.2 Where the requirements of applicable codes and regulations conflict with
the requirements of this Specification, comply with the more stringent
provisions.
1.3.3 Obtain and pay for any permits, bonds, licenses, etc., required for Site
Clearing and Removal Work.
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1.3.4 All clearing and removal work shall be accomplished in strict accordance
with all local and state building codes, requirements, and regulations,
including but not limited to noise abatement, dust control, classification of
disposal materials, etc.
1.4
1.3.5 The soils report (attached at end of this section) shall be included as
scope of work for all grading operations. All grading recommendations as
stated in the geotechnical report are part of this document and scope of
work.
JOB CONDITIONS:
1.4.1 An attempt has been made to show all existing structures, utilities, drives,
pavements, curbs, walks, etc., in their approximate location on the survey
and/or working drawings. However, others that are not shown may exist
and may be found upon visiting the site or during the clearing and
removal work. It will be the responsibility of this Contractor to accurately
locate all existing facilities and to determine their extent. If such facilities
obstruct the progress of the work and are not indicated to be removed or
relocated, they shall be removed or relocated only as directed by the
Owner.
1.4.1.1 Report any existing site element not shown"on the working
drawings to the Civil Engineer of Record so that the proper
dispensation of the element may be made.
1.4.2 If site is not a cut/fill balance. The contractor shall review the plans
and provide calculations to determine the extent of the import or
export requirements for the job and pay all associated costs.
1.4.3 Natural features, existing structures, existing landscaping, existing
utilities, etc., which are indicated to remain on the drawings and
specifications shall be protected and shall not be defaced or
damaged in any manner.
1.4.4 Restore to their present conditions any pavement in the public
right-of-way that is disturbed by the work under this section. All
pavement restoration work in public rights-of-way shall be
performed to the full satisfaction of the governmental agencies
having local jurisdiction.
1.4.5 Conform to the requirements of Section 02200.
1.5
ENVIRONMENTAL REQUIREMENTS:
1.5.1 Noise producing activities shall be held to a minimum. Internal
combustion engines and compressors, etc., shall be equipped with
mufflers to reduce noise to a minimum. Comply with all noise abatement
ordinances.
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• 1.5.2 Keep all areas within the clearing and removal area sufficiently dampened
to prevent dust from rising due to clearing or removal operations. Comply
with all anti-pollutions ordinances.
1.5.2.1 This Contractor shall see to it that trucks leaving the site shall not
do so in such a manner that debris, vegetation, mud, and earth
will not be deposited on adjacent street pavements. Anv debris,
vegetation, mud, or earth deposited on street pavements shall be
promptly removed by this Contractor.
1.5.3 This Contractor shall notify Local or State Environmental Agencies prior
to the removal of any underground storage tanks and their related piping.
1.5.3.1 This Contractor shall remove all related items as required by
environmental authorities, and shall test surrounding soils as
required.
1.5.4 All clearing and removal operations shall be performed in a manner such
as to prevent any wash-off of soils from the site into streams and/or storm
drainage systems. Appropriate sedimentation ponds, dikes, silt fences,
collars, and filter media shall be employed to insure compliance with
these requirements. Where a specific statute governs these procedures,
such statute shall be complied with in its entirety.
• 1.6 DRAINAGE MAINTENANCE:
1.6.1 During the entire course of clearing and removal operations, all existing
drainage ways, both into and from the project area shall be rerouted as
required and/or maintained in a functional condition.
1.6.2 At all times during the clearing and removal operations, the exposed
areas of sub-grade shall be maintained in a condition compatible with
positive drainage of the work area. Failure to maintain such drainage shall
be considered adequate cause for the District Representative to order
temporary suspension of the work.
1.6.3 If it should become necessary to stop work for indefinite periods, take
every precaution to prevent damage or deterioration of the work already
performed. Provide suitable and functional drainage by installing ditches,
filter drains, temporary cut-off lines, etc., and erect temporary protective
structures where necessary. All embankments shall be back bladed and
suitably sealed to protect against adverse weather conditions.
PART 2-PRODUCTS:
2.1 PROTECTION:
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2.1.1 It shall be the Contractor's full responsibility to fumish and maintain all
temporary barricades, warning lights, and other types of protection and •
prevent accidental injury to the general public and all personnel on the
project.
2.1.2 All existing improvements and all existing active utility lines to remain
(whether above or below ground) within the new construction area shall
be properly and adequately protected from damage during the entire
construction period. It shall be the responsibility of the Contractor to
restore to their original condition any of these existing items that are
damaged or disturbed in any way.
2.1.3 Protect all existing structures, utilities, and landscaping indicated to
remain on the drawings.
2.1.3.1 All trees, shrubs, and other items, indicated to remain shall be
protected during the entire progress of the work. This includes
protection of the root system. The trees shall be fenced if they are
located in or near an area being used for material storage or
subject to damage by traffic during construction. Low hanging
branches and unsound or unsightly branches on trees or shrubs
designated to remain shall be removed. All trimmings shall be
done by skilled workmen and in accordance with good tree
surgery practices.
2.1.4 Any damage done by this Contractor to existing structures, pipe lines, •
utilities, landscaping, etc., indicated to remain shall be repaired by him
and at his expense in a manner acceptable to the Owner of the damaged
property. This contractor shall report any existing damage prior to the
beginning of this work.
2.1.5 All temporary shoring, bracing, etc., and maintenance there to required
for the completion of clearing and removal work shall be provided by the
Contractor whose work requires protection.
2.1.5.1 This Contractor shall work in concert per local and state
codes to insure the provision of adequate bracing, shoring,
temporary cross over for pedestrian and vehicular traffic,
including guard rails, lamps, warning signs and flags as
required by agencies having jurisdiction as directed by the
Owner. Remove same when necessity for protection
ceases.
2.2 MATERIALS:
2.2.1 All materials used to backfill excavations, trenches, holes, pits, etc.
caused by utility, underground structure or underground storage tank
removal shall meet the requirements for fill material and compaction
indicated in Section 02220.
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02.110
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10
PART 3 - EXECUTION:
3.1 EXAMINATION:
3.1.1 Visit the site so that a full understanding of the difficulties and
restrictions attending complete clearing of the site and removal of
underground tanks and utilities is obtained. Verify the location of
all pertinent items.
3.1.2 Verify with sewer department, water department, gas company,
electric company, etc., that all existing utilities, services, and
overhead lines have deactivated and abandoned prior to
beginning removal work. Notify affected utility department or
company prior to beginning removal work.
3.2 PREPARATION:
I•
3.2.1 Cut drainage swales and provide temporary grading to carry storm
water away from clearing area. No storm water will be permitted to
stand in open excavations.
3.2.2 Provide, erect, and maintain temporary barriers and security
devices as required. Protect all existing landscaping, structures,
utilities, and site elements that are not to be demolished.
3.2.3 Notify all affected utility companies and local authorities and
agencies prior to beginning the work.
3.2.4 Identify and tag all existing trees and other landscaping
designated to remain.
3.2.5 Identify and locate a permanent stockpile area for topsoil. Verify
with District Representative and see plans for fill soil stockpile
area. Coordinate with Landscape Contractor.
3.2.6 Identify and locate a waste area for temporary storage of removed
materials and a permanent topsoil stockpile area.
3.2.6.1 No materials may be buried or burned on the site as a
means of disposal.
3.3 GRUBBING AND CLEARING:
3.3.1 From the entire site and area of work, remove all trees, rocks,
boulders, and vegetation to ground level where the new building
and all site work are to be located, regardless if shown or not
shown on the drawings.
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3.3.2 Scarify ground to remove debris, boulders, rocks, vegetation, and
roots to 24 inches below grade, and remove all deep root .
systems, stumps, root-balls, and any major root systems. Where
required by Soils Technician to scarify at depths greater than 24
inches, the Contractor shall be compensated where scarification is
greater than the depth of 24 inches, unless otherwise indicated in
Earthwork Section.
3.3.3 Remove and legally dispose of debris off-site. When and as
directed by the Architect, stockpile selected stripped soil materials
and rocks/boulders for subsequent use in landscaping work.
3.3.4 No less frequently than once each day, treat exposed ground
areas for dust control. At windy conditions as deemed necessary
by the Inspector, provide dust control to suit the Inspector's
satisfaction.
3.4 OFFSITE WORK:
3.4.1 Clean haul roads on and off site to a distance of three miles from
the site or as directed by the Architect and/or resident inspector.
3.4.2 "Clean" herein refers to properly remove dirt clods, flocks, tree
branches, and other items which may fall off the hauling
equipment or be "tracked" off the site.
3.4.3 Notify all affected utility companies and local authorities and
agencies prior to beginning the work.
3.4.4 Identify and tag all existing trees and other landscaping
designated to remain.
3.4.5 Identify and locate a permanent stockpile area for topsoil. Verify
with District Representative and see plans for fill soil stockpile
area. Coordinate with Landscape Contractor.
3.4.5.1 No materials may be buried or burned on the site as a
means of disposal.
3.5 PERFORMANCE:
3.5.1 This Contractor shall be responsible for all clearing, grubbing,
removing and disposing of trash and debris and for clearing and
stockpiling all topsoil which are with the designated limits of the
property, easements and roadway, unless otherwise indicated on
the Drawings.
3.5.2 Prior to rough grading, storage of construction materials or the
installation of any temporary construction facilities, strip areas per
plans to be occupied by site improvements.
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3.5.2.1 Stockpile soil in previously designated areas or as directed
• by the District Representative. Sticks, stones, roots,
weeds, grass, clods and rubbish shall be removed from the
topsoil prior to stockpiling. If excess soil exists, it shall be
disposed off-site.
3.5.2.2 Only soil meeting the requirements of Section 02905 -
Landscape Grading shall be stockpiled. All non-conforming
soil shall be removed from the site.
3.5.2.3 No topsoil may be used as structural fill under any building
or paved areas.
3.5.3 This Contractor shall be responsible for removal of sidewalks,
pavements, curbs, curbs and gutters, foundations, exterior slabs
and sidewalks indicated to be removed on plans except for walk
covered under Landscape scope of work.
3.5.4 This Contractor shall be responsible for removal of all
underground utilities, underground structures, etc., according to
plans.
3.5.5 Protect any existing structures, utilities and all appurtenances to
remain. Prevent movement or settling. Provide bracing and
shoring as required.
•
3.5.6 Cease cleaning and removal operations immediately if any
existing structure or utility appears in danger. Notify the District
Representative and Civil Engineer of Records. Do not resume
operations until directed.
3.5.7 All broken construction material, trash, and debris, tree stash,
sidewalks, curbs, etc., will be considered "waste" and shall be
removed from the site. "Waste" material shall be removed from the
site as soon as possible and shall not be allowed to accumulate.
Short-term storage of removed material shall be restricted to
previously designated "waste" areas or as directed by the District
Representative.
3.5.7.1 No burning or burying of "waste" material will be permitted.
3.5.8 Continuously dampen all clearing and removal areas to prevent
dust from rising during the operation. Provide hoses and/or water
trucks as required.
3.6 FIELD QUALITY CONTROL:
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3.6.1 This Contractor shall retain an independent inspection firm or
contact local officials and inspectors at locations where local
building codes require special inspections.
3.7 CLEAN UP:
3.7.1 Material designated for removal shall become the property of this
Contractor, and any salvage value there from will accrue to this
Contractor.
3.7.2 Remove from the site and make legal disposition of all waste and
debris. No waste or debris shall be burned or buried on the site as
a means of disposal.
END OF SECTION
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PAGE 8 OF 6
SECTION 02511
. CONCRETE PAVING, CURBS AND WALKS
PART 1 - GENERAL
All applicable portions of Division 1, including the drawings and general provisions of the
contract, the general and supplementary conditions and Division 1 specification sections
which apply to work of this section as if printed herein.
1.1 SECTION INCLUDES: Description of requirements for materials, fabrications and
installation of Curbs, Gutters and Walks and accessory items as shown on
drawings and necessary to complete the Concrete Work. Work to include but not
be limited to the following:
1.1.1 Examine all other sections for work related to those sections which are
required to be, included as work of this Section.
1.1.2 Concrete curbs, gutters, walks and concrete pavements, approaches,
ramps, curb cuts, etc., free and apart from the building, including steel
reinforcement and 4" fill.
1.1.3 Excavation, installation and compaction of porous fill.
1.1.4 Excavation and installation of concrete light pole bases, Flagpole bases,
. signage pole bases, fence post bases, etc.
1.1.5 Formwork and accessories.
1.1.6 Removal of excavated material from the site.
1.1.7 Concrete Mow Strips.
1.1.8 Equipment Pads, Transformer Pads, Condenser Pads, Etc.
1.1.9 Saw cutting and demolition of existing concrete systems where required,
to complete the work.
1.2 RELATED WORK IN OTHER SECTIONS:
1.2.1 Section 02200 - Earthwork.
1.2.2 Section 02510 -Asphalt Concrete Paving.
1.2.3 Section'02580 - Parking Striping.
1.2.4 Section 02845 - Parking Bumpers.
1.2.5 Section 03300 - Concrete Work.
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CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 1
1.3 SUBMITTALS: Refer to Section 01340 for procedures.
1.3.1 Provide manufacturer's product data for all materials used and printed •
recommendations for installation.
1.3.2 Submit ail shop drawings as requested by Architect for review and
approval, to verify
conformance with applicable codes and agencies having jurisdiction.
1.3.3 Submit concrete mix design for each classification of concrete to be used
on this project (see 03300 - 2.2 for sample). See Division 1 of the
Specifications.
1.4 QUALITY ASSURANCE:
1.4.1 Regulatory Requirements: Comply with applicable portions of codes and
regulations of governmental agencies having jurisdiction.
1.4.2 Qualifications: Use skilled workers who are thoroughly trained and
experienced and who are completely familiar with the specified
requirements and methods to perform and complete the scope of work
under Contract.
1.4.3 Protection: Provide all necessary barricades or temporary fencing
necessary to protect public and finished work from injury or damage until
work is complete. .
1.4.4 All concrete curbs and walks shall be designed, manufactured and
installed in accordance to the latest editions of the following regulations,
references, standards, etc., which are hereby included in and made a part
of these specifications.
1.4.4.1 Building Code of the City, County and State in which this
,development is located.
1.4.4.2 State Highway or Department of Transportation Specifications in
which this development is located, if applicable.
1.4.4.3 Manuals of Standard Practice of the Concrete Reinforcing Steel
Institute (WCRSI).
1.4.4.4 American Concrete Institute (ACI), "Recommended Practice for
Concrete Formwork" ACI 347.
1.4.4.5 American Concrete Institute (ACI), "Specifications for Structural
Concrete for Buildings," ACI 302.
1.4.4.6 American Concrete Institute (ACI), "Recommend Practice for
Concrete Floor and Slab Construction," ACI 302.
►__I
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
1.4.4.7 American Concrete Institute (ACI), "Recommended Practice fQr
. Measuring, Mixing, Transporting and Placing Concrete," ACI 304.
1.4.4.8 American Concrete Institute (ACI), "Recommended Practice for
Hot Weather Concreting," ACI 305R.
1.4.4.9 American Concrete Institute (ACI), "Recommended Practice for
Cold Weather Concreting," ACI 306R.
1.4.4.10 American Concrete Institute (ACI), "Building Code
Requirements for Reinforced Concrete;' ACI 318.
1.4.4.11 . "Standard Specifications for Construction of Roads and
Bridges," American Association of State Highway and
Transportation Officials (AASHTO)
1.4.5 This Contractor shall maintain 1 copy of the above noted references on
the job site for reference at all times.
1.4.6 All materials shall conform to specified ASTM< AASHTO AND ACI
standards.
1.4.7 All concrete reinforcement shop drawings and concrete mix designs shall
be prepared under the direct supervision of a Civil Engineer experienced
in his/her preparation and licensed in the state in which this project is
. located.
1.5 JOB CONDITIONS:
1.5.1 It shall be this Contractor's responsibility to coordinate the concrete curbs
and walks work with the District Representative so as to provide for a
smooth and orderly progression of the work.
1.5.1.1 Provide ample notice to other trades to facilitate installation of
embedded items prior to pouring concrete.
1.5.2 Locations, dimensions and grades shall be established from site drawings
and the grade stakes shall be set to desired section and elevation by this
Contractor.
1.5.3 This Contractor shall protect all work installed by others such as
manholes, catch basins, sewer cleanouts, etc. Damage to same shall be
repaired at this Contractor's expense.
1.5.4 This Contractor shall restore to their present conditions any pavement or
public right-of-way that is disturbed by the work under this section. All
pavement restoration work in public right-of-way shall be performed to the
full satisfaction of the government agencies having jurisdiction.
1.6 ENVIRONMENTAL REQUIREMENTS:
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CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
1.6.1 All work shall be performed in accordance with state and local Building
Codes, State Department of Transportation Specifications and .
Environmental Protection Agency (EPA) regulations.
1.6.2 Noise producing activities shall be held to a minimum. Internal
combustion engines and compressors, etc., shall be equipped with
mufflers to reduce noise to a minimum. Comply with all noise abatement
ordinances.
1.6.3 Keep all areas within the construction area sufficiently dampened to
prevent dust from rising due to construction. Comply with all anti-pollution
ordinances.
1.6.3.1 This Contractor shall see to it that trucks entering or leaving the
site shall do so in such a manner that concrete, mud and earth will
not be deposited on adjacent street pavements. Any concrete,
mud or earth deposited on street pavements shall be promptly
removed by this Contractor.
1.6.4 Provide hot weather and/or cold weather protection as recommended in
ACI 305R and ACI 306R.
1.6.5 Unless adequate protection is provided, concrete shall not be placed
during rain, sleet or snow. Protect concrete from rain water, maintain
concrete water cement ratio and protect concrete surface.
1.6.6 All freshly poured concrete shall be adequately protected after placement
to prevent damage from freezing, by use of suitable covers and adequate
heating equipment. Frozen and damaged concrete must be removed and
replaced at this Contractor's expense. Do not place concrete on frozen
earth.
1.7 DELIVERY. STORAGE AND HANDLING:
1.7.1 Portland cement shall be stored at the plant in a weather tight building,
bins or silos free of moisture and contaminants.
1.7.2 Aggregate stockpiles shall be arranged and used at the plant to avoid
segregation and contamination. Frozen or partially frozen aggregates
shall not be used.
1.7.3 Admixtures shall be stored in their original containers, unopened to avoid
contamination, evaporation or damage. Protect from freezing or
temperature changes which would affect admixture characteristics.
1.7.4 Reinforcing bars and accessories shall be shipped to the site and stored
in such a manner as to prevent injurious defects and maintain a
workmanlike finish. Reinforcing bars and accessories shall be stored ,off
the ground and be maintained free of ice, snow, mud and water intrusion.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
1.8 WARRANTY:
. 1.8.1 This Contractor shall warrant all materials and workmanship. See Division
1 of specifications.
PART 2-PRODUCTS:
2.1 MATERIAL: Conform to the applicable sections of "Standard Specifications for
Public Works Construction," latest Edition, and all errata and addenda thereto
except where noted otherwise in this Section.
2.1.1 Steel forms shall be standard commercially available prefabricated steel
forms (minimum 16 gage.)
2.1.2 Plywood forms shall be B-B Plyform, Class 1 or Class II, 5/8" minimum
thickness, edge sealed.
2.1.3 Boards, sheathing and form lumber shall be No. 3, common or better, 3/4"
minimum thickness.
2.1.4 Circular forms for light pole bases shall be seamless fiber tube forms as
manufactured by Sonoco Products Company and Alton Packaging
Corporation.
2.1.5 Steel reinforcing bars shall conform to "Specifications for Deformed Billet
. - Steel Bars for Concrete Reinforcement," ASTM A615 Grade Number 60,
having a minimum yield strength of 60,000 p.s.i.
2.1.5.1 All reinforcing bars shall be marked on the surface of the bar with
designation indicating the point of origin, size, type of steel and
minimum yield.
2.1.6 Welded wire fabric shall be smooth wire fabric conforming to ASTM A185
and A185. Welded intersections shall not exceed 12" o.c.
2.1.6.1 Welded wire fabric shall be provided in sheets or mats. Rolls or
coils will NOT be permitted.
2.1.7 Tie wire shall be black annealed wire, 16 gauge minimum, conforming to
ASTM A82
2.1.8 Chairs, bolsters and bar supports shall conform to the "Bars Support
Specifications" contained in "Manual of Standard Practice" as published
by CRSI and WCRSI. Bar supports and accessories within 1/2" of surface
of concrete exposed to weather shall be non-corrosive.
2.1.9 Portland cement shall be gray Portland Cement, Type 2, low alkali
conforming to ASTM C150 or other types if required by the Soils
Engineer. Use same brand for all exposed work except where noted as
• Bomanite. Bomanite concrete shall be cast as indicated on the drawings,
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
from the Bomacron Patterns. Color at Bomanite shall be as indicated on
the drawings. •
2. 1.10 Water shall be potable, clean and free from impurities affecting the
strength of the concrete, in accordance with ACI and ASTM requirements.
2.1.11 Concrete aggregates shall conform to ASTM C33.
2.1.11.1 Fine and coarse aggregates shall be regarded as separate
ingredients and each shall conform to the appropriate grading
requirements of ASTM C33.
2.1.12 Porous fill shall be clean coarse sand, free draining gravel, or crushed
rock all as approved the Soils Engineer.
2.1.12.1 Porous fill under all sidewalks shall be graded between
3/8" and No. 200 sieve.
2.1.12.2 Porous fill shall be capable of being compacted to not less
than 95% of the maximum dry density as determined by ASTM
D 1557.
2.1.13 See plans for colored decorative concrete, also. Provide both
textured and colored Bominate concrete at locations shown on
site plans. Colors (4 total) to be selected by Architect from
Manufacturer's standard brown and tans colors and will vary along •
with textures (2 each). Lamp Black stain to be used at the
concrete apron at the trash enclosure outside the kitchen. See
Section 03300.
2.2 ADMIXTURES:
2.2.1 Product/Manufacturer; one of the following:
2.2.1.1 "Air-Mix"; Euclid Chemical Company.
2.2.1.2 "Sika-Aer'; Sika Corporation.
2.2.1.3 "MB-VR or MB-AE"; Master Builders.
2.2.1.4 "Air-Title"; Cormix Construction Chemicals.
2.2.2 Air-entraining admixtures shall conform to ASTM C260.
2.2.3 Chemical admixtures conforming to ASTM C494 used to retard or
accelerate setting, reduce water/cement ratio or prevent freezing shall not
be used without prior approval
from District Representative. No admixtures containing calcium chloride
may be used.
2.2.4 Fly ash shall be a calcinated pozzolan and shall conform to ASTM C61 8, •
Class C or F.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 6
0 2.2.4.1 Fly ash may be used to replace 25% Portland cement by weight
maximum.
2.3 ACCESSORIES:
2.3.1 Expansion joint material shall be 1/2" thick asphalt impregnated cane fiber
expansion joints, conforming to ASTM D1751.
2.3.2 Expansion joint sealant shall be traffic grade, self leveling. Color shall be
black.
2.3.2.1 Product/Manufacturer; one of the following:
2.3.2.1.1 "THC-900"; Thermco.
2.3.2.1.2 "NR-200"; Pecora Corporation.
2.3.2.2 Primer shall be as recommended by sealant manufacturer.
2.3.3 Control and other joint sealant shall be traffic grade, self-leveling. Color
shall be clear or gray.
2.3.3.1 Product/Manufacturer:
• 2.3.3.1.1 "MM-80"; Metzger- McGuire.
2.3.3.2 See Section 03300 for scoring and expansion joints.
2.4 CONCRETE MIX:
2.4.1 All concrete shall be normal weight concrete consisting of a proportioned
mixture of Portland cement, fine and coarse aggregate and water.
2.4.1.1 Concrete portions shall be selected on the basis of trial
mixes conforming to ACI 211.1.
2.4.1.2 All concrete shall meet the requirements of Section 03300.
2.4.2 All concrete, unless otherwise noted, shall have a minimum compressive
strength of 3,000 p.s.i. at 28 days. Mix design shall be so proportioned to
contain a minimum of 517 pounds of cement per cubic yard.
2.4.2.1 Lean concrete having a minimum compressive strength of
1,500 p.s.i. at 28 days may be used as fill. Mix design shall
be so proportioned as to contain a minimum of 376 pounds
. of cement per cubic yard.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 7
2.4.3 All concrete shall be proportioned to have a slump of 4" maximum.
Tolerance in slump shall not exceed ACI recommendations. •
2.4.4 All concrete shall be air-entrained, air content shall be 6% ± 1
2.4.5 Admixtures to retard or accelerate setting, reduce water cement
ratio or prevent freezing shall not be used without prior approval
from District Representative Corporation. No admixture containing
calcium Chloride shall be used.
2.4.6 Maximum aggregate size shall be 3/4" to 1" and shall not exceed
tolerances on oversize as per ASTM C33.
Curbs, curb and gutters 3/4" - 1"
Sidewalks 3/4" - 1"
Light pole bases 3/4" - 11/2"
2.5 CONCRETE PRODUCTION:
2.5.1 Ready-mixed concrete shall conform to ASTM C94 and the National
Ready Mix Concrete Association. Use of non-agitating trucks will not be
permitted.
2.5.2 Use of re-tempered concrete will not be permitted. •
2.5.3 The addition of water at the job site is permitted providing that oniv
sufficient water, is added to provide a workable mix and that the design
water cement ratio and/or the maximum slump are not exceeded. THE
ADDITION OF PORTLAND CEMENT OR FLY ASH AT THE JOBSITE
WILL NOT BE PERMITTED.
2.5.4 If air-entrained Portland cement is not used, air-entraining admixtures
shall be introduced into the concrete, in accordance with manufacturer's
recommendations.
2.6 FABRICATION:
2.6.1 Fabricate reinforcing bars of size, shapes and length indicated.
Accurately bend or form to the shapes indicated by methods that will not
injure the materials. Heating of reinforcement for bending will not be
allowed.
2.6.1.1 Fabrication and placing tolerances of reinforcing bars shall
conform to CRSI and WCRSI "Manual of Standard Practice," ACI
318 Building Code Requirements for Reinforced Concrete for
Buildings or ASSHTO Specifications.
2.6.2 All forms used for exposed concrete work shall be new forms. Standard
steel forms may be used for curbs and curb and gutters. •
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
2.6.2.1 All exterior corners and edges of exposed concrete shall be
• chamfered or bullnosed.
2.6.2.2 Use flexible spring steel forms or laminated boards to form radius
bends as required.
2.6.2.3 Forms shall be coated with a non-staining release agent that will
not discolor or deface surface of concrete.
2.6.2.4 All form work shall conform to Section 03100.
2.6.3 Curbs and curbs and gutters may be continuously slip formed to the
shapes and sizes shown on the drawings, by the use of a slip-form
machine, when pre-approved by Architect and District Representative.
PART 3 - EXECUTION:
3.1 WORK PROCEDURES
3.1.1 Pay for all city permits in connection with this work.
3.1.2 The local building department will inspect and approve all concrete work
within the street right of ways.
. 3.2 CODES:
3.2.1 The following are minimum requirements and shall govern, except that all
local, state and/or federal codes and ordinances shall govern when their
requirements ar in excess hereof.
3.3 PREPARATION:
3.3.1 This Contractor shall smooth and trim the established aggregate base
course to the required line, grade and cross section to receive curbs,
curbs and gutters, sidewalks, etc. The aggregate base course shall be
cleared of all foreign substances and contain no frozen material.
3.3.2 Base Course: Subgrade shall be smooth, true to line and grade, and shall
be tested for required compaction prior to start of placing concrete.
Dampen subgrade 24 hours before placing. Re-roll as required to smooth,
hard, even surface of 90 percent (90%) compaction. Wet forms to tighten
cracks. Provide minimum 4" sand base under all concrete slabs and
walkways where un-even grade occurs and/or where 90 percent (90%)
compaction is not achieved.
3.3.3 Do not place concrete on wet or frozen ground. Prior to placing, remove
all ice, snow, standing water, loose earth and debris.
•
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 9
3.3.4 Mixing and conveying equipment shall have all hardened and foreign
materials removed from inner surfaces prior to being charged with new •
materials.
3.3.5 Coat surfaces of manholes, frames, catch basins and drainage structures
with oil to prevent bonding with concrete pavement.
3.4.1:2 Carefully set forms to alignment, grade, and required dimensions.
Hold forms rigidly in place by stakes, clamps, spreaders, and
braces where required to insure rigidity.
3.4.1.3 Apply form release to form lumber in accordance with
manufacturer's recommendations.
3.4.1.4 Place joint filler on vertical surfaces in contact with concrete
paving.
3.4.2 REINFORCEMENT: Upon completion of base course and formwork,
install reinforcement where shown on the Contract Drawings.
3.4 INSTALLTION:
3.4.1 Formwork: 0
3.4.1.1 Stake rigidly at 4 feet on centers and secure against
displacement. Formwork shall not deviate more than 1/2 inch from
required vertical positions and 1 inch from required horizontal
positions.
3.4.2.1 Clean reinforcement to remove loose rust and mill scale, earth,
and other materials which reduce or destroy bond with concrete.
3.4.2.2 Position support, and secure reinforcement against displacement
by concrete placement operations.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 10
• 3.4.2.3 Place reinforcement to obtain the required coverage for concrete
protection.
3.4.2.4 Concrete Paving slab and walkways minimum reinforcement shall
be #3 bars at 24" o.c. each way. Typical unless noted or detailed
as greater.
3.4.3 Excavation and Placement:
3.4.3.1 Excavation for light pole bases shall be made at locations and to
dimensions and elevations indicated on Drawings. Make
excavation sufficiently wide to permit installation, inspection and
removal of forms. Where banks stand firm and straight, excavation
may be made to neat size. Bottoms of excavations shall be true
and level and all loose earth removed. All light pole bases shall
bear on native undisturbed soil or on compacted engineered fill
and shall be at minimum depth as shown on the Drawings.
3.4.3.1.1 The size and depth of the excavations shall be
confirmed and tested by the Soils Engineer. Where poor
soils conditions are encountered excavations shall be
carried to greater depth as directed by the Soils Engineer.
Over-excavations shall be filled with lean concrete and
shall be at minimum depth as shown on the Drawings.
• 3.4.3.1.2 If, through error, excavations are deeper than required,
additional depth shall be filled with lean concrete at this
Contractor's expense.
3.4.3.1.3 Excavation material suitable for backfilling
shall be piled in an orderly manner sufficient distance from
the banks of the excavation to avoid overloading and to
prevent slides or cave-ins.
3.4.3.1.4 When wet excavation is encountered, the
excavated area shall be de-watered and. kept free of
water. Utilize well points, pumps, hose, strainers, and other
appurtenances required. Provide all power, labor and
maintenance.
3.4.3.1.5 Excavated material, determined by the Soils
Engineer to be unsuitable for backfill, shall be removed
from the site.
3.4.3.1.6 Only existing excavated material or imported fill
material as approved by the Soils Engineer may be used
for backfill.
3.4.3.1.7 Backfill as soon as placement work has been
completed, forms have been removed and concrete has
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
attained sufficient set and strength. Circular fiber tube
forms may be left in place below grade. .
3.4.3.1.7.1 Remove shoring and bracing prior to
backfilling. Maintain shoring and bracing only
as may be required, on one side to provide
temporary support.
3.4.3.1.7.2 Place backfill in maximum uniform layers not
to exceed 8". Wherever possible, place in
continuous layers all around light pole base.
3.4.3.1.7.3 All backfill shall be compacted to a minimum
of 95% maximum density as determined by
ASTM D1557.
3.4.3.1.8 Excavation for placement of porous fill, IF
REQUIRED, shall extend to the widths of sidewalks and
pads. Depth of excavation shall be carefully controlled to
be no deeper than design thickness of porous fill.
3.4.3.1.9 Remove all excess backfill material from site.
3.4.3.2 Porous fill shall be placed and compacted IF REQUIRED, where
indicated on the Drawings.
3.4.3.2.1 Porous fill shall be compacted to not less than 95% .
maximum dry density as determined by ASTM D1557.
3.4.3.3 All concrete curb and walk work shall be placed as required by the
various specifications of ACI and AASHTO.
3.4.3.3.1 Rigidly anchor, support and substantially
construct forms. Forms shall be erected plumb, straight,
and true to line, shape and dimensions and in precise
position to form the lines and cross sections indicated.
Forms shall be suitable for removal without prying against
the concrete. Make forms tight and prevent any leakage or
loss of fine particles from the concrete.
3.4.3.3.2 Set all anchor bolts, sleeves, conduits or
other items required to be cast-in-formed concrete.
3.4.3.3.2.1 All items shall be firmly supported, in true
alignment and plane.
3.4.3.3.3 Forms for concrete sidewalks, curbs, curb and
gutters, etc. shall be set directly in contact with prepared
subgrade, or porous fill which shall be compacted for a
sufficient distance outside the area to receive concrete to
support the form.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 12
. 3.4.3.3.3.1 Forms shall be securely anchored, staked,
braced and tamped into position. Top surface of
form shall be set within a tolerance of 1/8" in 10'-
011
.
3.4.3.3.3.2 Curbs and curb and gutters may be
continuously slip formed to the sizes shown on
the Drawings.
3.4.3.3.3.3 Sawcut intersections and joints
with existing concrete walks to remain.
3.4.3.3.4 Surfaces of forms to be in contact with newly
placed concrete shall be coated with an approved non-
staining form oil, a commercial form release agent or a
nonabsorbent form liner to prevent moisture penetration of
the form and to prevent bond with the concrete.
3.4.3.3.4.1 Do not permit coating to puddle or come in
contact with reinforcing steel and hardened
concrete at construction joints.
3.4.3.3.5 Formwork may be removed as soon as the
concrete has hardened sufficiently to resist damage from
removal operations and has developed sufficient strength
to sustain its own weight and any superimposed loads.
3.4.3.3.6 Accurately place reinforcement, chairs,
support bars, etc., as shown on Drawings and securely tie
in precise position, using at least 16 gauge annealed steel
wire at points where bars cross, and in such a way as to
hold them against displacement during the placing of
concrete. Welding of reinforcing bars must have prior
approval of Owner.
3.4.3.3.7 Reinforcing bars shall be free from mud, oil,
form release compounds or any other non-metallic
coatings that adversely affect bonding properties. Rust and
mill scale are permitted provided ASTM minimum
standards are maintained.
3.4.3.3.8 Support the bar reinforcement or welded wire
mesh laid on earth, in proper position, using precast
concrete cubes at frequent intervals. At each location,
during the placing of concrete, assign a competent person
to inspect reinforcement and maintain the bars or mesh in
their design positions.
3.4.3.3.9 Concrete shall be handled from the mixer to the place
of final deposit as rapidly as practicable, by methods
which will prevent the separation or loss of the
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 13
ingredients. Concrete shall be deposited as nearly as
possible to its final position to avoid re-handling.
3.4.3.3.10 Moisten subgrade immediately before concrete
placement to minimize absorption of water from fresh
concrete.
3.4.3.3.11 Concrete during and immediately after depositing shall
be thoroughly vibrated by means of suitable tools. The
concrete shall be thoroughly worked around the
reinforcement and into the corners of the forms.
3.4.3.3.12 Sidewalks, curbs, curb and gutters, approaches, etc.
shall be poured to slopes, elevations and cross-section
profiles indicated on Drawings.
3.4.3.3.13 Place curb, curb and gutter and sidewalk expansion
joints; control joints, contraction joints, load transfer
joints, etc., at locations shown on the Drawings.
Installation shall be as detailed on the Drawings or as
required by the State Department of Transportation or
AASHTO Specifications.
3.4.3.3.13.1 Place joint material vertical in position, in a
straight line and as shown on the Drawings.
3.4.3.3.14 Place sidewalk expansion joints where
sidewalk abuts vertical surfaces and AS indicated on the
Drawings. Joints shall be equally spaced in a regular
pattern along sidewalk. Joints in curb and curb and gutter
shall align with sidewalk.
3.4.3.3.14.1 Expansion joints shall be 1/2" thick, full depth
of slab. Set filler approximately 1/2" below
finished surface and fill with sealant.
3.4.3.3.14.2Provide 1/8" to 1/4" contraction joints as
indicated and required. Space equally and in a
regular pattern. Expanse of concrete unbroken by
expansion or contraction joint shall not exceed 36
square feet or be less than 16 square feet. Joint
shall be at least 1/4 of slab thickness. Saw cut
joints will not be permitted.
3.4.3.3.15 All exposed edges of expansion and contraction
joints, etc., shall be rounded with a 1/4" radius edging
tool.
3.1.3.3.16 Seal all joints to depth as required on the Drawings.
Sealant shall be applied as per manufacturer's
directions.
11
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 14
3.4.3.4 If Bomanite is stated in the Drawing, Bomanite Specifications: The
• work designated in this section shall be Micro-Top by Bomanite.
The work shall include all labor, material, equipment and
transportation required to install the Micro-Top. The Contractor for
this work shall be licensed, tooled and trained by Bomanite
Corporation to use the materials and processes specified as
Micro-Top. The Contractor shall be required to provide a foreman
or supervisor who has done at least three Micro-Top projects.
3.4.3.5 Concrete Mix Design:
3.4.3.5.1 For new construction, the concrete shall have a
minimum compressive strength of 3000 p.s.i. Portland
cement shall conform to ASTM C150 Type I, II, or V,
depending on soil conditions. Aggregates shall conform to
ASTM C33. Mixing water shall be fresh, clean and potable.
No admixtures containing calcium chloride shall be
permitted.
3.4.3.6 Coloring, Application and Sealing Materials:
3.4.3.6.1 Reinforcement for new construction: All imprinted
slabs shall conform to the guidelines and
recommendations of the American Concrete Institute for
reinforcement of cast-in-place concrete slabs. Use
minimum #3 bars at 24" o.c. each way. Provide minimum
• 4" sand base course.
3.5 COLOR APPROVED BY ARCHITECT:
3.6 CONCRETE FINISH:
3.6.1 Concrete finishing operation must begin as soon as concrete has been
placed. Finishing operations shall be accomplished by mechanics
experienced in the placement and finishing of exterior concrete.
3.6.2 All exterior concrete shall be finished as follows:
3.6.2.1 Exterior sidewalks, curbs, curb and gutters, etc., shall have a
MEDIUM "Broom Finish," except where noted as a custom
Bomanite textured finish.
3.6.2.2 Portland cement concrete paving shall have a medium broom
finish on all surfaces less than 6% and a heavy broom finish on all
surfaces greater than 6%.
3.6.2.3 All concrete surfaces of light pole bases exposed to view shall
have an as-cast "Smooth Form Finish."
3.6.2.4 All rock pockets shall be filled smooth and entire surface mortar
0 washed.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 15
3.6.3 Gutters: Light broom finish with 3 inch wide steel trowel finish at flowlines. •
3.6.4 Curbs: Steel trowel finish.
3.6.5 Ramps, stair treads and landings: Light broom finish with abrasive grits;
aluminum oxide type, Fretex NS as manufactured by Sonnebom.
3.6.6 On-Site Drive Aprons: Heavy broom finish.
3.7 MARKING AND STRIPING:
3.7.1 Preparation: Clean surfaces to be painted free from dirt, dust, sand,
gravel, oil and other foreign materials. Allow concrete to cure before
painting as recommended by Manufacturer of marking paint. Perform
striping when the weather conditions permit proper application, and in
accordance with Manufacturer's directions.
3.7.2 Curbs adjacent to accessible parking stalls shall be painted blue.
3.7.3 A 2 inch wide line shall be painted with 70% contrast epoxy paint, as
selected by Architect, with grits adjacent to the nose of all stair treads and
shall extend the entire width of each tread.
3.7.4 Application: Machine paint lines at a rate to cover not more than 100 sq.
ft. of surface per gallon of paint or as required to be completely opaque •
(equivalent to approximately one gallon for 450 linear feet of 3 inch wide
strip).
3.7.4.1 Striping:
3.7.4.1.1 Provide uniform straight edges without overspray.
3.7.4.1.2 Uniform line width of 3 inches, unless
otherwise noted on Drawings.
3.7.4.1.3 Provide hairpin stripe hatching between
accessible parking stalls as Code required.
3.7.4.2 Accessible Symbol: Parking spaces shall be marked according to
CBC Section 1129B.5. Install Accessible signs and pavement
marking at each Accessible parking space. Apply 700 square inch
international Accessible symbol of accessibility on pavement
surface in accordance with Title 24 Section 2. Paint white symbol
on blue background square color #15090 Federal Standard 595.B
3.7.5 Line and Arrow Markings: Locate markings in accordance with approved
shop drawings. Lay out markings using guide lines, templates and forms.
3.8 CURING AND PROTECTION:
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 16
3.8.1 Immediately after placement, protect new concrete from moisture loss
and premature drying, winds, excessive hot and cold temperatures and
other adverse environmental conditions for a minimum of seven (7) days.
Follow applicable Sections of ACI 301 and AASHTO Specifications.
3.8.2 Curing compound shall be applied in accordance with the
recommendations of the manufacturer.
3.8.2.1 Curing compound shall not be used on any surface against
which additional concrete or other material is to be bonded unless
positive measures are taken to remove it completely from areas to
receive bonded applications.
3.8.2.2 Before using compounds on surfaces which receive additional
finishes, obtain approval of the Contractor applying such finishes.
3.8.2.3 On surfaces where curing compounds cannot be used, concrete
shall be cured by ponding, continuous sprinkling or by application
of waterproof sheet materials.
3.8.3 Protect concrete from damage, mechanical injury, dirt and debris, load
stresses and elements during curing process.
3.9 CRACKING:
• 3.9.1 Any protion of concrete opavement which develops cracks shall be
removed to the nearest jont and replaced. Replaced portions shall match
adjacent concret in texture color and elevation.
3.10 PROTECTION AND CLEANUP: Protect all adjacent work from damage during
application procedures. Completely remove overspray and spills as soon as
possible before curing and remove excess materials and waste from site.
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 17
0
0
END OF SECTION
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 18
LANDSCAPE IRRIGATION SECTION 02810-1
0 PART 1 - GENERAL
All applicable portions of Division 1, including the drawings and general provisions of the
contract, the general and supplementary conditions and Division 1 specifications
sections which apply to work of this section as if printed herein.
1.1 SECTION INCLUDES: Description of requirements for materials,
fabrications, and installation of Landscape Irrigation and accessory items
as shown on drawings and necessary to complete the Landscape
Irrigation Work. Work to include, but not limited to the following:
1.1.1 Pipe and fittings, valves, outlets, spray heads and accessories.
1.1.2 Connection to utilities.
1.1.3 Control system
1.2 RELATED WORK SPECIFIED ELSEWHERE:
1.2.1 Section 02110 -Site Clearing and Demolition.
1.2.2 Section 02201 - Finished Grading.
• 1.2.3 Section 02930 - Trees, Shrubs and Ground Cover.
1.2.4 Section 03300 - Concrete Work.
1.2.5 Section 16120 - Conductors.
1.3 REFERENCES AND STANDARDS:
1.3.1 Current published standards, specifications, tests or
recommended methods of trade, industry or governmental
organizations apply to work of this Section where cited by
abbreviations noted below:
1.3.1.1 Underwriters Laboratories (UL).
1.3.1.2 National Sanitation Foundation (NSF).
1.3.1.3 American National Standard Institute (ASNI).
1.3.1.4 American Standards Association (ASA).
1.3.1.5 American Society of Testing and Materials (ASTM).
1.3.2 ASTM A53 - Specification for Pipe, Steel, Black and Hot-Dipped,
Zinc-Coated welded and seamless.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
1.3.3 ASTM D2241 - Poly Vinyl Chloride (PVC) Plastic Pipe (SDR-PR).
1.3.4 ASTM D2564 - Solvent Cement for Poly Vinyl Chloride (PVC) •
Plastic Pipe and fittings.
1.3.5 The entire installation shall fully comply with all local and state
laws and ordinances and with all established codes applicable
thereto.
1.4 SUBMITTAL:
1.4.1 Submit under provisions of Section 01300.
1.4.2 Shop Drawings: Indicate piping layout to water source, location of
sleeves under pavement, location and coverage of sprinkler
heads, plant and landscaping features, site structures, schedule of
fittings to be used.
1.4.3 Product Data: Provide component and control system and wiring
diagrams. Substitutions permitted under the provisions of Section
01630.
1.4.4 Manufacturer's Installation Instruction: Include controllers and
remote control valves.
1.5 QUALITY ASSURANCE AND REQUREMENTS: •
1.5.1 Permits and Fees: It shall be the responsibility of the
Contractor to apply for and arrange for all County, Water
District and Utility Services and permits and fees required
for the completed school project. The Contractor is
responsible for all costs of temporary services.
1.5.2 The Contractor shall posses all insurance, licenses, and
permits required to perform the work of this contract,
including a C-27 State Contractors License.
1.5.3 Manufacturer's Directions: Manufacturer's directions and
detailed drawings shall be followed in all cases where the
manufacturers of articles used in this contract furnish
directions covering points not shown in the drawings and
specifications.
1.5.4 Ordinances and Regulations Compliances: 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
shall not be construed to conflict with any of the above
rules and regulations or requirements of the same.
However, when these specifications and drawings call for
or describe materials, workmanship, or construction of a
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
better quality, higher standard, or larger size than is
• required by the above rules and regulations, the provisions
of these specifications and drawing shall take precedence.
1.5.5 Installer: All work is to be performed by a qualified and
experienced landscape (irrigation) contractor with a
minimum of five (5) years actual experience. Architect may
request a written resume with dates and references of all
past and present projects under any circumstance.
1.5.6 Construction Superintendent:
1.5.6.1 Construction Superintendent satisfactory to the
School District's Representative shall be present on
the site at all times during progress of the work.
1.5.6.2 Construction Superintendent shall not be changed
except with the consent of the School District's
Representative.
1.5.6.3 Construction Superintendent shall be authorized to
represent the Contractor.
1.5.7 Explanation of Drawings:
1.5.7.1 Due to the scale of drawings, it is not possible to
indicate all offsets, fittings, sleeves, etc., which may
be required. The Contractor shall carefully
investigate structural and finished conditions
affecting all of his work and plan his conditions.
Drawings are generally diagrammatic and indicative
of the work to be installed. The work shall be
installed in such a manner as to avoid conflicts
between irrigation systems, existing planting, and
architectural features.
1.5.7.2 All work called for on the drawings by notes or
details shall be furnished and installed whether or
not specifically mentioned in the specifications.
1.5.7.3 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 Architect. In the event
this notification is not performed, the Contractor
shall assume full financial responsibility for all labor
• and materials and any revision necessary.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
1.5.7.4 Work of this Section, which is allied with the work of
other trades, shall be coordinated as necessary. .
1.6 DELILVERY, STORAGE AND HANDLING:
1.6.1 Deliver irrigation system components in manufacturer's original
undamaged and unopened containers with labels intact and
legible.
1.6.2 Deliver plastic piping in bundles, packaged to provide adequate
protection of pipe ends, both threaded and plain.
1.6.3 Store and handle materials to prevent damage and deterioration.
1.6.4 Provide secure, locked storage for valves, sprinkler heads and
similar components that cannot be immediately replaced, to
prevent installation delays.
1.6.5 The Contractor shall keep the premises free form rubbish and all
debris at all times and shall arrange his material storage so as not
to interfere with the operation of the project. All unused materials,
rubbish and debris shall be removed from the site.
1.7 PROJECT CONDITIONS:
1.7.1 The bidder acknowledges that he has examined the site, the .
existing system, the plans and specifications, and the submission
of a proposal shall be considered evidence that examination has
been-made.
1.7.2 It shall be the Contractor's responsibility to report to the District
Construction Representative any deviations between drawings,
specifications and the site. Failure to do so prior to the installing of
equipment and resulting in replacing and/or relocation equipment
shall be done at the Contractor's expense.
1.7.3 The exact location of all existing utilities and structures and
underground utilities are not indicated on the drawings; their
locations shall be determined by the Contractor, and he shall
conduct his work so as to prevent interruption of service or
damage to them. The Contractor shall protect existing structures
and utility services and be responsible for their replacement if
damaged by him.
1.7.4 Minor adjustments in system layout will be permitted to clear
existing fixed obstructions. Final system layout shall be acceptable
to District Representative.
1.7.5 The Contractor shall verify the correctness of all finish grades
within the work area to insure the proper soil coverage of the .
irrigation system pipes.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
• 1.7.6 Contractor shall acquaint himself with all site conditions and
exercise extreme care in excavating and working near existing
utilities. Call Underground Service Alert two (2) days prior to any
excavation (1-800-227-2600).
1.7.7 Should Contractor find any utilities or field measurements during
his inspections or excavations that are incorrect or that are not
shown on the plans, Contractor shall promptly notify Architect for
instructions as to further action. Failure to do so will make
Contractor liable for any damage there to arising from his
operations subsequent to discovery of such utilities not shown on
plan.
1.7.8 Verify that field measurements are as shown on Drawings.
1.8 SCOPE OF WORK:
1.8.1 Provide all labor, materials, transportation, and services
necessary to furnish and install an electric solenoid controlled
underground automatic or central controlled irrigation system as
shown on the Drawings and described herein.
1.8.2 . It is in the intent of the Drawings and Specifications to provide an
irrigation system ready for the School District's use. Any items not
• specifically shown in the drawings or called for in the
Specifications, but normally required to conform to such intent, are
to be considered as part of the work.
1.8.3 Maintain entire irrigation system for period specified upon
completion of all punch list items. (See Article 3.14)
1.8.4 Supply accurate as built for the District upon completion of project
(see Item 1.2 and Section 01700).
1.9 EQUIPMENT TO BE FURNISHED:
1.9.1 Supply as part of this contract the following tools:
1.9.1.1 Two (2) keys for opening valve boxes.
1.9.1.2 One (1) 36" soil probe, Oakfield Model B.
1.9.1.3 Two (2) keys for each automatic controller.
1.9.1.4 Two (2) wrenches for each type head core and for
removing and installing each type head.
1.9.2 The above-mentioned equipment shall be turned over to the
• School District at the conclusion of the project. Before final
acceptance can occur, evidence that the School District has
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
received material must be shown to the School District's •
Representative.
1.10 COORDINATION:
1.10.1 Coordinate the work of this Section with installation of the
Landscape Grading Section 02905.
1.10.2 Phase one schedule:
Phase one (lawn area at athletic field area, sod and all slopes); it
is by directive form the School District that the phase one be
completed prior to the completion of other trades and work, and to
have an approved established lawn area and established slope
planting of trees, shrubs and ground covers of 120 days prior to
occupancy by the School District.
1.10.2.1 Grading - The Contractor shall complete all necessary
grading of the phase one are at beginning of the project.
1.10.2.2 Underground work - Complete all underground work
including utilities and drainage.
1.10.2.3 Provide water- Install all necessary devices including
backffow preventer, valves, lines for water connection
and supply •
1.10.2.4 Electrical - Provide all necessary electrical for irrigation
automatic controller and for pump (when required).
1.10.2.5 Irrigation - Irrigation work shall commence immediately
and be completed with in 30 days. Install as per plans
and specifications.
1.10.2.6 All work shall be done in accordance with the plans and
specifications.
1.10.2.7 Maintenance - The contractor shall maintain the irrigation
system until completion of all other work and until final
acceptance of the entire project including all other work
and areas.
1.10.2.8 Contractor shall give to the Architect within 30 days after
award of the contract for the Architect's approval, the
exact time schedule of the above-described work.
1.11 SUBSTITUTIONS:
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 6
1.11.1 If the Contractor wishes to substitute any equipment or materials
. for those equipment or materials listed on the irrigation drawings
and specifications, he may do so in accordance with section
01610.
1.12 INSPECTIONS:
1.12.1 All observations here in specified shall be made by Architect.
Contractor shall request observations at least 48 hours in
advance. Required Inspections/Approvals from Architect: Failure
to obtain approvals or having up to date as-built upon construction
inspection by Architect may result in School District's suspending
work.
1.12.1.1 Pre-construction meeting.
1.12.1.2 Static pressure verification.
1.12.1.3 Delivery of salvaged existing valves and heads to School
District's Maintenance yard.
1.12.1.4 Verification of field dimensions.
1.12.1.5 Mainline layout.
• 1.12.1.6 Trenching.
1.12.1.7 Irrigation rotor head layout.
1.12.1.8 Mainline pressure test.
1.12.1.9 Rotor head swing joint assembly.
1.12.1.101rrigation valve box inspection.
1.12.1.11 Irrigation coverage test.
1.12.1.121nspection for release to maintenance period.
1.12.1.13Final site review and acceptance:
1.12.1.13.1 Contractor shall operate each system in it
entirety at time of final observation. Any system
deemed not acceptable, or not in compliance with
these Specifications and Drawings, shall be
reworked to the complete satisfaction of Architect.
1.12.1.13.2 Contractor shall show evidence that the School
District has received all accessories, charts, record
drawings and equipment as required (see Item 1.2)
before final observation can occur.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 7
1.12.2 Contractor shall be responsible for scheduling and coordinating
any other inspections required by other agencies.
1.12.3 When observations have been conducted by other than Architect,
show evidence in writing of when and by whom these
observations were made. Contractor shall send copies to Architect
of all meeting/inspection documentation.
1.13 COMPLETION AND ACCEPTANCE:
1. 13.1 The completion of the contract will be accepted and Notice of
Completion recorded only when the entire contract is completed to
the satisfaction of the District Representative.
1. 13.2 Within 10 days of the Contractor's notification that the installation
is complete, the District Construction Representative will inspect
the installation and if a final acceptance is not given, will prepare a
"Punch List" which, upon completion by the Contractor, will signify
acceptance by the District.
1.13.3 Final payment will not be made without the receipt of accurate as-
built drawings per Div. 1.
1.14 WARRANTY: •
1.14.1 The entire irrigation system shall be unconditionally guaranteed by
this contractor as to material and workmanship, including,
modification and reworking of existing systems, settling of
backfilled areas below grade for a period of one year following the
date of final acceptance of work. The Contractor also hereby
agrees to repair or replace any such defects that may occur at his
expense within that year. See Division 1 of the Specifications.
1.14.2 It shall be the Contractor's responsibility to insure complete
coverage as specified herein of the areas to be irrigated. During
the warranty period the Contractor shall make any adjustments as
necessary to maintain proper coverage.
1.14.3 If, within 1 year from the date of completion, settlement occurs,
and adjustments in pipes, valves and sprinkler heads, lawn areas
or paving are necessary to bring the system, grade or paving to
the proper level of the permanent grades, the Contractor, as part
of the work under his Contract, shall make adjustments without
extra cost to District, including the restoration of all damaged
planting, paving or other improvements of any kind. Should any
operational difficulties in connection with the irrigation system
develop within the specified guarantee period, which, in the
opinion of District may be due to inferior material and/or
workmanship, said difficulties shall be immediately corrected by
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
the contractor to the satisfaction of District at no additional cost to
. the District, including any and all other damages to landscape
materials, caused by such defects.
PART 2-PRODUCTS:
2.1 GENERAL:
2.1.1 All materials to be incorporated in this system shall be new and
without flaws or defect and quality and performance as specified.
All material overages at the completion of the installation are the
property of the Contractor and are to be removed from the site.
2.1.2 The Contractor shall use materials as specified or as required to
match existing systems. Material other than specified will be
permitted only after written application by the Contractor and
written approval by the District Landscape Architect. Substitutions
will only be allowed when in the best interest of District.
2.2 PIPE AND FITTINGS:
2.2.1 Pipe sizes shall conform to those shown on the Drawings. No
substitutions of smaller pipe sizes will be permitted, but
substitutions of larger size may be approved. All pipe damaged or
rejected because of defects shall be removed from the site at the
time of said rejection.
2.2.2 Furnish and install pipe continuously and permanently marked
with manufacturer's name or trademark, size schedule and type of
pipe, working pressure at 73E F, and National Sanitation
Foundation (NSF) approval.
2.2.3 Polyvinyl Chloride (PVC) pipe shall be ASTM D2241, rigid,
unplasticized PVC, extruded from virgin parent material. Furnish
and install pipe homogeneous throughout and free from visible
cracks, holes, foreign materials, blisters, wrinkles and dents.
2.2.4 All pressure mainline pipe 1-1/2" diameter and under shall be
Schedule 40,
and shall conform to ASTM D1785-60T for rigid PVC compounds.
2.2.5 All pressure mainline pipe 2" diameter and larger shall be SDR
13.5 Class 315 solvent weld PVC, and shall conform to ASTM
D2241-64T for rigid PVC compounds.
2.2.6 All non-pressure lateral line piping not under paving shall be SDR
21 Class 200PSI. PVC pipe fittings for sizes 2 1/2" and smaller
shall be ASTM D2466 schedule 40 PVC molded fittings suitable
. for solvent weld. All threaded PVC pipefittings shall be ASTM
D2467, Schedule 80 PVC.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
2.2.7 All non pressure lateral line piping under pavement shall be •
Schedule 40 solvent weld PVC and shall conform to ASTM
D1785-60T for rigid PVC compounds.
2.2.8 Size slip fitting socket taper to permit a dry un-softened pipe and
to be inserted no more than halfway into the socket. Saddle and
cross fittings are not permitted. Use male adapters for plastic to
metal connections. Hand tightened male adapters plus one turn
with a strap wrench.
2.2.9 Primer and solvent for use with PVC pipe to conform to ASTM
D2564. Primer to be purple in color. Solvent to be appropriate for
pipe.and fitting type and weather conditions.
2.3 SHUT-OFF VALVES UP TO 3" SIZE:
2.3.1 125 Pound, bronze construction, non-rising stem type, sized to
line. "Nibco" #T113 or King Brothers Industries Series BTU.
2.4 QUICK COUPLING VALVES:
2.4.1 Valve and key shall be "Rainbird", #33RC.
2.4.2 Furnish 2 valve keys fitted with 3/4" swivel hose ells.
2.4.3 All quick coupling valve keys and hose swivels shall be of the .
same manufacturer as the quick couplers.
2.5 REMOTE CONTROL VALVES SHALL BE ELECTRIC, REGULATING,
TYPE VALVES:
2.5.1 Acceptable models and manufacturers listed below:
2.5.1.1 Superior 950 series brass valves.
2.6 AUTOMATIC CONTROLLERS:
2.6.1 A fully automatic controller manufactured Irritrol Systems
Controller must have the following features:
2.6.1.1 Master on/off switch that permits system shutdown with
programming maintained.
2.6.1.2 Independent station programming.
2.6.1.3 Independent station timing.
2.6.1.4 Manual operation option.
2.6.1.5 Variable day cycle.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 10
. 2.6.1.6 Electric models with battery backup capacity required.
2.6.1.7 Wall mounted installation.
2.7 CONTROL WIRE AND CONNECTIONS:
2.7.1 Control wire shall be Type UF, UL approved, for direct burial and
shall be Size 14 or larger, as noted on the plans. Conductor to be
single strand soft annealed copper.
2.7.2 24-volt control wires to be black or red in color. Common wire to
be white in color.
2.7.3 Low voltage wire connectors to be mad using wire nuts and 3M
Scotch-Lok, or 3M DBY connectors.
2.7.4 120 volt or heavier splices made underground to be mad using
wire nuts and 3M Scotch-Lok.
2.8 SPRINKLER HEADS:
2.8.1 All sprinkler heads shall be pop-up type heads, Acceptable
manufacturers listed below:
2.8.1.1 RainBird, Glendora, CA (818) 963-9311.
2.8.1.2 Hunter,. San Marcos, CA (619) 744-7461.
2.8.2 Spray nozzles for sprinkler heads, if required, shall be of the same
manufacturer and the sprinkler head.
2.9 CLAMPS:
2.9.1 Clamps to be stainless steel, worm gear hose clamps with
stainless steel screws.
2.10 MANUAL VALVES:
2.10.1 Gate valves to be 200# W.O.G. with solid wedge disc, conforming
to Federal specifications for its class. Valves 3" and larger shall be
iron body bronze mounted, non-rising stem, with end connections
for PVC pipe and have 2" square.
• PART 3 - EXECUTION:
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 11
3.1 EXAMINATION:
3.1.1 Verify that field conditions are acceptable and are ready to receive
work. Verify that site grading has been completed and is in
accordance to the civil drawings and documents.
3.1.2 Verify dimensions. Drawing dimensions are approximate only.
Report variations to Architect before proceeding with work.
3.1.3 Verify location of existing utilities.
3.1.4 Verify that required utilities are available in proper location and
ready for use.
3.1.5 Beginning of installation means installer accepts existing conditions.
3.2 PREPARATION:
3.2.1 Piping layout indicated is diagrammatic only. Route piping to avoid
plants and structures. 3.2.2 Layout and stake locations of system
components.
3.2.3 Review layout requirements with other affected work. Coordinate
locations of sleeves under paving to accommodate system.
3.2.4 Verify location of existing utilities. Protect from damage.
3.2.5 Reclaimed water: When the irrigation system is to use reclaimed
water. All work, including new work and rework of existing system,
all materials, materials code colors, shall comply to all governing
codes including but not limited to local Reclaimed Water Use
Ordinances.
3.3 TRENCHING:
3.3.1 Trenching, backfill and compaction in accordance with Section
02220.
3.32 Minimum Trench Width:
3.3.2.1 Piping 2 inches in diameter and less: 8 inches minimum
width.
3.3.2.2 Piping 2 inches and larger in diameter: 12 inches minimum
width.
3.3.3 Minimum Pipe Coverage:
3.3.3.1 Minimum 18 inch from top of finish grade to top of Mainline
in planted areas.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 12
CJ
0
0.
3.3.3.2 Minimum 14 inch total cover over laterals downstream from
• control valves in planted areas.
3.3.3.3 Minimum 36 inch from finish grade to top of sleeves, for
mainline laterals and electric wiring in paved areas.
3.3.3.4 3-inch minimum, 8-inch maximum cover over cross arm of
control valves in open position.
3.3.4 Trench to accommodate grade changes and slope to drains.
3.3.5 Clearances:
3.3.5.1 Minimum 12 inch clear from any irrigation line to lines of
other trades running parallel.
3.3.5.2 Minimum 2 inch clear from any irrigation line to lines of
other trades running at 45 to 90 degrees.
3.3.6 Maintain trenches free of debris, material or obstructions that may
damage pipe.
3.3.7 Piping indicated on drawings under paved areas but running
parallel and adjacent to planted areas: Install in planting areas.
• 3.3.8 Piping installed parallel and directly over another line not
permitted.
3.4 INSTALLATION:
3.4.1 Install pipe, valves, controls and outlets in accordance with
manufacturer's instructions.
3.4.2 In general, below-grade-piping installations, including trenching,
placement, testing and backfill, shall take place prior to new
construction. Where construction sequencing precludes, provide
surface cutting as specified herein.
3.4.3 Tees shall be horizontal and pointing away from walls, curbs,
walks, buildings, etc.
3.4.4 Jacking: Piping under concrete shall be done by jacking, boring or
hydraulic driving. Piping under asphalt surfaces shall be done by
jacking or boring only.
3.4.5 Site Work Cutting: Where trenching requires cutting existing
concrete or asphalt surfaces, approval shall be obtained from the
Architect prior to cutting. Marked layout of areas to be cut and
removed shall be provided. Use only saw cutting equipment.
is Replaced materials shall match existing textures, colors and
surface characteristics, at no extra cost to Owner.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 13
3.4.6 Steel Pipe: Clean pipe of scale, sand, dirt and rust. Ream ends •
with long tapered reamer to produce a partially bell-mouth end,
with ends smooth and free of burrs. Do not bend pipe, use
screwed fittings for offsets.
3.4.6.1 Threads: American Standards Association Specification
B2, cut with sharp dies.
3.4.6.2 Joints: Apply oil base pipe joint compound to full threaded
surface male ends, no plastic threading tape permitted.
Remove excessive compound.
3.4.7 Connect to water and electrical service.
3.4.8 Required Levels:
3.4.8.1 Set box covers flush with finish grade at lawn areas, 2
inches above finish grade at shrub and ground cover
areas.
3.4.8.2 Set lawn or turf sprinkler heads located in open areas at 1
inch above finish grade. Before final acceptance of the
work, heads shall be adjusted in height and set flush with
permanent finish grade. Clean and flush all heads.
3.4.8.3 Set lawn or turf sprinkler heads, located at edges, flush to •
finish grade
with head frame located 2 inches from edge condition.
3.4.8.4 Set half circle shrubbery heads 12 inches from edges,
walls, fences, hardscape etc.
3.4.8.5 Set all part circle rotor turf heads 12" from edge of paving
and walks unless otherwise noted.
3.4.9 No spray from any type sprinkler head will be permitted to throw
into public or private streets, across public or private sidewalks,
electric vaults, against walls or windows of any building or wooden
fence. Spray shall not be permitted to fall upon automatic
controller cabinets or any other equipment. Spray patterns shall
be monitored and corrected daily if necessary, through entire
project until final acceptance by the School District, to achieve
correct spray patterns. All heads shall be adjustable. Locate as
indicated on the Drawings.
3.4.9.1 Plastic lawn and turf heads: Spray pattern as indicated on
Drawings.
3.4.9.2 Lawn Heads: Spray pattern as indicated on Drawings. 0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAfL 14
3.4.9.3 Shrub Heads: Spray pattern as indicated on Drawings.
• 3.4. 10 Provide for thermal movement of components in system.
3.4.11 Use threaded nipples for risers to each outlet to facilitate easy
replacement.
3.4.12 Install low voltage control wiring.
3.4.12.1 Provide 10" expansion coil at each valve to which
controls are connected and at 100-foot intervals. Bury wire
to the side of main line pipe, conduit not required. When
wiring cannot be placed beside piping, run wires in PVC
class 200 conduits, size as necessary. Mark valves with
neoprene valve markers containing locking device. Set
valve markers in 160-PSI PVC pipe risers exiting from top
of valve to finish grade.
3.4.12.2 Splicing of wires between controller and valve not
permitted except at box.
3.4.12.3 Splicing: SCOTCHLOK connector sealing packs. Mix
SCOTHCAST brand resin in UNIPAK container and insert
connection into bag.'
• 3.4.12.413undle and tape all control wires at 10-foot intervals, full
length of run. Use rubber electrical tape or fiberglass tape.
Place to the side of main line or in conduit.
3.4.13 After piping is installed and thrust blocks set out before sprinkler
heads are installed and backfilling commences, open valves and
flush system with full head of water.
3.4.14 Tracer Tape: Set tracer tape flat over all irrigation mainlines. Keep
tracer tape 12" below finish grade. Tracer tape shall be 3" wide,
except when otherwise noted. Tape shall be 100% virgin
polyethylene, acid, alkaline and corrosion resistant, with a solid
aluminum foil core encapsulated within a polyethylene (2.55 mil)
backing. When burying tracer tape, provide 2" min sand cover
completely around tape. Tape color shall be as follows:
3.4.14.1 Green color:
When used with potable water, tape Model No. TA-DT-3-
G-1 to read: "CAUTION IRRIGATION LINE BELOW'.
3.4.14.2 Purple color:
When used with non-potable water or recycled/reclaimed
water, tape Model No. TA-DT-3-P-RW to read:
"CAUTION RECYCLED/RECLAIMED WATER LINE
BELOW".
• Use 3" wide tape on all 4" main lines and smaller.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 15
Use 4" wide tape on all 6" main lines and larger.
Whenever telephone wire in conduit is run anywhere, such as from automatic controllers •
to telephone cabinets inside buildings, place 3" tracer tape Model No. TA-DT-3-0-t red
color over line.
Tape shall be as manufactured by T. Christy Enterprise (800) 258-4583 or Architect's
approved equal. Install as per manufacturer's instructions and recommendations.
3.4.15 Sleeving: Provide sleeving for all main lines, lateral lines, and
electric sleeving that are below all paving, concrete, asphalt and
driveways. Extend sleeving 12" into adjacent planting areas at all
sides. No in-line fittings, including couplings will be permitted
under surfaces to the paved, except where the length of the line
under paving is 20 feet, or where shown on the drawings, e.g.
parking lots.
3.4.16 Keep all spray heads from spraying on top of vaults, refer to
plumbing and electrical drawings for locations. Keep all spray
heads from spraying on buildings, walkways, driveways and
paved areas.
3.4.17 At tree wells, two bubblers required, keep bubbler at side corner,
and one bubbler inside of root barrier at opposite side of tree from
other bubbler.
3.4.18 When lateral lines are not sized, use standard manufacturer's •
friction loss charts. Do not exceed recommended flow rates, five
(5) feet per second.
3.4.19 Anti-Drain Valve Installation: Irrigation system drainage will not be
permitted through heads. After the completion of the irrigation
installation, if any head shows signs of draining after irrigation
system is operated from an ON position to an OFF position, the
irrigation contractor shall install the required anti-drip valve in the
riser nipple to each of these heads. The anti-drain valve and its
installation shall be part of the bid price without additional cost to
the Owner.
3.4.20 Provide one additional separate spare orange colored pilot wire
for each remote control valve run from the automatic controller
future use. Provide 3-foot loop at each end of wire.
3.4.21 Provide telephone cable from nearest building telephone cabinet
to the automatic controller, as per Drawings. Telephone cable
shall be CommScope's 568UItra II outdoor cable (part # 5NF4)
four pairs, by CommScope General Instrument, Network Cable
Division, Tel # (800) 982-1708, or Architect's approved equal.
Installation to meet the Category 5 Specifications of ANSI/TI/EIA
568-A and as per manufacturer's recommendations. Run all
telephone cables in separate 1-1/4" PVC schedule 40 conduit. •
Metallic conduit required inside of building and install as per all
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 16
governing codes and regulations. Coordinate all work with all
. trades including but not limited to telephone company, electrical,
etc.
3.4.22 Exact location of softball backstop may vary from location, as
indicated on drawings. Adjust heads as necessary to conform to
latest shape. Coordinate location with School District. Add
additional head or heads as may be necessary for radius to
radius. (100%) coverage. All heads to throw away from backstops.
3.5 FIELD SURVEY - ROTOR HEAD LAYOUT (OMITTED):
3.6 ELECTRICAL SERVICE:
3.6.1 Primary electrical service to controllers shall be provided under
Division 16, whether indicated on the drawings or not.
3.7 FIELD QUALITY CONTROL:
3.7.1 Field inspection and testing will be preformed under provisions of
Sections 01400 and 01410.
3.7.2 Pressure Tests, Main Lines: Conduct test after lines have been
flushed and before control valves or quick coupling valves are set
in place. Trenches shall be dry from flushing procedure. Conduct
tests in presence of Project Inspector. Pressure testing shall be by
Hydrostatic Pressure Testing.
3.7.2.1 Notify Inspector 24 hours prior to expected time for
operations requiring services.
3.7.2.2 Metallic Pipe: Cap and pressure test at 125 PSI
3.8.1 Provide 6 inch sand cover over pressurized piping. Backfill trench
and compact to sub-grade elevation as specified in Section
02225, Trenching. Protect piping from displacement.
3.8.2 Backfill for Non-pressurized Lines: Equal to adjacent undisturbed
soil, minimum 85 percent density compaction. Backfill within 4" of
pipe shall be sandy loam, free of all rocks.
3.8.3 Do not commence backfilling until system has been flushed,
tested and approved. Flush lateral lines by removing caps most
distant from control valve.
3.8.4 Replace work damaged by the work of this Section with equivalent
products. Repair damages to grounds, walls, roads, structures,
piping systems, electrical systems, equipment or contents caused
by leaks or faulty workmanship.
3.8.5 Trenching and Backfilling:
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 17
3.8.5.1 Trenches located under areas where paving, asphaltic .
concrete or concrete shall be backfilled with sand (a layer
6 inches below the pipe and 3 inches above the pipe), and
compacted in layers using mechanical tamping devices
only. 95% compaction is required for all main lines,
sleeving and lateral lines below roadways, driveways etc.
All trenches shall be left flush with the adjoining grade.
Irrigation Contractor shall set in place, cap, and pressure
test all piping under paving prior to the paving work.
3.8.5.2 85% compaction is required for all main lines, lateral lines
at all planting areas.
3.9 INSTALLER'S FIELD SERVICES:
3.9.1 Prepare and start systems.
3.9.2 Provide one complete spring start up and fall shutdown.
3.9.3 Provide written certification that materials and installation
conforms to these specifications.
3.10 ADJUSTING:
3.10.1 Adjust control system to achieve time cycles required. •
3.10.2 Change head types as directed.
3.11 GUARANTEE:
3.11.1 The guarantee for the sprinkler irrigation system shall be
made in accordance with the following form. The general
conditions and supplementary conditions of these
specifications shall be filed with Architect prior to
acceptance of the irrigation system: Standard one-year
guarantee shall include:
3.11.1.1 Filling and repairing depressions and replacing
plantings due to settlement of irrigation trenches
for one year following acceptance of Project.
3.11.1.2 Provide written guarantee against material
defects, faults, leakage or improper operation for
one year from date of substantial completion.
3.11.1.3 Obtain letter of certification that Master valve
and relays, flow sensor, automatic controllers,
metering devices, communication cables and
telephone cables have been installed correctly as
per manufacturer's recommendations and as per
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 18
the specifications and the drawings and that all
• systems are working correctly.
,3.11.2 A copy of the guarantee form shall be included in the
operations and maintenance manual. The guarantee form
shall be retyped onto the Contractor's letterhead and
contain the following information:
GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the sprinkler 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 expected. .
We agree to repair or replace any defects in material or workmanship that may develop
during the period of one year from the date of acceptance and also to such defects at no
additional cost the School District, We shall make such repairs or replacements within a
reasonable time, as determined by the School District, after receipt of written notice from
School District, we authorize the School District to proceed to have said repairs or
replacements made at our expense and we will pay the costs and charges therefore
upon demand.
PROJECT:
• CONTRACTOR:
ADDRESS:
PHONE
DATE OF ACCEPTANCE BY:
3.12 CONTROLLER CHARTS:
3.12.1 Architect must approve record drawings before charts are
prepared.
3.12.2 Provide one controller chart for each controller supplied, showing
the area covered by automatic controller of the maximum size
controller door will allow.
3.12.3 The chart shall be a reduced drawing of the actual as-built system.
However, in the event the controller sequence is not legible when
the drawing is reduced, it shall be enlarged to a size that will be
readable when reduced.
3.12.4 Chart shall be black line print and a different color used to show
is area of coverage for each station.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 19
3.12.5 When completed and approved, the chart shall be hermetically
sealed between two (2) pieces of clear acrylic plastic, each piece •
being a minimum of 20 mils thick.
3.12.6 Charts must be completed and approved prior to final inspection
of the irrigation system.
3.13 SPARE ACCESSORIES:
3.13.1 Provide three (3) sprinkler 30 inches long turn on keys.
3.13.2 Provide three (3) quick coupler locking.
3.13.3 Provide four (4) quick coupler valve keys.
3.13.4 Provide four (4) hose swivels.
3.13.5 Provide two (2) moisture probes.
3.14 MAINTENANCE:
3.14.1 Maintain entire irrigation system for a period of 90 days.
3.14.2 An inspection of valves, hose bibs and other pressurized above
ground connections shall be performed on a minimum weekly
basis throughout maintenance period.
3.14.3 Inspection of irrigation heads to correct alignment, clear laterals,
adjust spray patterns, clean screens, and repair damaged heads
shall be performed before commencement of maintenance period
and prior to final acceptance (end of maintenance period).
3.14.4 Contractor shall be responsible for interrupting irrigation program
to eliminate watering during a rainstorm.
3.14.5 Contractor shall, on a weekly basis or sooner if required, inspect
system for damage, and/or correction of spray patterns. Any
problems shall be brought to the attention of the School District
and Architect and rectified immediately.
3.14.6 After the system has been completed; the Contractor shall instruct
the Owner's authorized representative in the operation and
maintenance of the system and shall furnish three complete sets
of operating and maintenance instructions.
3.14.7 The three bound sets of operating and maintenance manuals are
to contain complete parts lists of materials and equipment
installed in the landscape irrigation system.
3.14.8 During the 90-day maintenance program, Contractor shall take all
measures to protect irrigation materials like heads from vandalism.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 20
Irrigation Contractor shall be responsible for replacement or
• correction al all vandalized heads and other irrigation materials
regardless of what the reasons may be.
3.14.9 If, within one year from the date of completion, settlement occurs
and adjustments in pipes, valves and sprinkler heads, sod or
paving is necessary, Contractor shall make adjustments without
extra cost to the Owner.
3.14.10 Freezing conditions - At site location where winter freezing ,
conditions exist or can occur, drain entire irrigation system of all
water including, but not limited to, backflow device, valves, main
lines, and lateral lines prior to freezing temperature. Air blowing
can drain system.
3.14.11 All correction items generated from the site inspections must be
completed within 5 working days. Contractor must notify Architect
in writing that the punch list items have been corrected.
3.14.12 The Irrigation System is designed for nighttime watering. The
irrigation system shall be continuously maintained making all
repairs and corrective work such as but not limited to, broken
heads, sticking heads and valves, overthrow, adjusting correctly
misaligned spray heads, etc.
• END OF SECTION
•
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 21
•
•
0
• TREES, PLANTS AND GROUND COVERS SECTION 02930-1
PART 1-GENERAL
All applicable portions of Division 1, including the drawings and general provisions of the
contract, the general and supplementary conditions and Division 1 specifications
sections which apply to work of this section as if printed herein.
1.1 SECTION INCLUDES: Description of requirements for materials,
Fabrications, and Installation of All Trees, Plants and Ground Cover work
as shown on drawings and necessary to complete the work; to include but
not be limited to the following:
1.1.1 Extent of Trees, Plants, and Ground Covers is shown on drawing
and by provisions of this Section.
1.1.2 Types of Work include the Following:
1.1.2.1 Soil Preparation.
1.1.2.2 Trees, Plants, Ground Covers
1.1.2.3 Planting Mixes
. 1.1.2.4 Mulch and Planting Accessories
1.1.2'.5 Soil Percolation Tests
1.1.2.6 Topsoil Bedding
1.1.2.7 Maintenance
1.1.2.8 Tree Grates and Frames
1.2 RELATED SECTIONS:
1.2.1 Section 02810 -Landscape Irrigation
1.2.2 Section 02201 - Finish Grading.
1.2.3 Section 02924 - Hydro Seeding.
1.3 REFERENCES AND STANDARDS:
1.3.1 Nursery: Company specializing in growing and cultivating the
plants specified in this Section with minimum three years
experience.
• 1.3.2 Installer: Company specializing in installing and planting the plants
specified in this Section with minimum 5 years experience.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
1.4 SUBMITTAL: •
1.4.1 Submit the following materials certification:
1.4.1.1 Topsoil Source and pH Value
1.4.1.2 Peat Source and pH Value
1.4.1.3 Plant Fertilizer
1.4.2 Within 30 days upon signing of contract, Landscape Installer must
provide in writing and show proof of where all plant material will be
coming from to guarantee availability of quantities, sizes and
species and prompt delivery of al specified trees and plant
materials in a healthy condition at the required time of planting.
1.4.3 Submit a list of all plant material, sizes, heights, and spreads,
locations, and description under provisions of Section 01300.
Provide all addresses, telephone numbers and person to contact.
All plant material must conform to the minimum sizes as noted on
the plant list.
1.4.4 Notify Architect and School District prior to deliver of any
materials. Inspector shall observe all deliveries.
1.4.5 Architect, at his discretion, my inspect plant material at any time
and as often as he may desire to review and inspect, but not
limited to the following:
1.4.5.1 Health of all Plants
1.4.5.2 Growing Conditions
1.4.5.3 Type of Care, Watering, Feeding
1.4.6 Delivery Vouchers, indicating type of material and quantities of
each delivery, including but not limited to soil preparation,
fertilizers, soil amendments, etc., are required. Copies of these
said vouchers of the soil preparation; fertilizers, soil amendments,
etc., are to be given to the District Inspector, promptly at time of
delivery. Furthermore, Landscape Contractor is sent copies of
these vouchers, which shall be received by Landscape Architect
within 7 days after date of delivery.
1.4.7 Tree Grates and Frames - Submit Shop Drawings.
1.5 QUALITY ASSURANCE: •
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 2
1.5.1 Plant names indicated; comply with "Standardized Plant Names"
as adopted by the latest edition of the American Joint Committee
Horticultural Nomenclature. Names of varieties not listed conform
generally with names accepted by the nursery trade. Furnish stock
true to botanical name and legibly tagged.
1.5.2 Comply with sizing and grading standards of the latest edition of
"American Standards for Nursery Stock". A plant shall be
dimensioned as it stands in its natural position.
1.5.3 All plants shall be nursery grown under climatic conditions similar
to those in the locality of the project for a minimum of 2 years.
Plants shall be of varieties specified in the plant list bearing
botanical names.
1.5.4 Stock furnished shall be a least the minimum size indicated. Large
stock is acceptable, at no additional charge. Large plants shall not
be cut back to size indicated.
1.5.5 Furnish "specimen" plants with a special height, shape or
character of growth. This Contractor to tag specimen trees or
shrubs at the source of supply. The Landscape Architect will
inspect specimen selections at the source of supply. The
suitability and adaptability to selected location. When specimen
plants cannot be purchased locally, provide sufficient photographs
. of the proposed specimen plants for approval. This contractor
shall inspect all plant material at source prior to Landscape
Architect's approval. This Contractor shall accompany District
Representative on final selection trip.
1.5.6 Such approval shall not impair the right of inspection and rejection
upon delivery at the site or during the progress of the work.
1.5.7 This contractor shall facilitate inspection and identification by
labeling of trees, shrubs and ground covers with a durable
waterproof label and weather-resistant ink. Labels shall state the
correct plant name and size as specified in the plant list of
required plants. Labels shall be securely attached to plants and
shall be legible for 60 days after delivery to the planting site. Wire
identification tags shall not be used.
1.5.8 Planting stock shall be well-branched and well-formed, sound,
vigorous, healthy, free from disease, sun-scaled, windburn,
abrasion, and harmful insects or insect eggs; and shall have
healthy, normal unbroken root systems. Deciduous trees and
shrubs shall be symmetrically developed, of uniform habit of
growth, with straight trunks or stems, and free from objectionable
disfigurements. Evergreen trees and shrubs shall have well-
developed symmetrical tops with typical spread of branches for
. each particular species or variety. Only vines and ground cover
plants well established in removable containers, integral
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
containers, or formed homogeneous soil sections shall be used.
Plants budding into leaf or having soft growth shall be sprayed
with an anti-desiccant at the nursery before digging.
1.6 DELIVERY, STORAGE AND HANDLING:
1.6.1 Delivery fertilizer materials in original, unopened and undamaged
containers. showing weight, analysis and name of manufacturer.
Store in manner to prevent wetting and deterioration.
1.6.2 Take all precautions customary in good trade practice in preparing
plants for. moving. Workmanship that fails to meet the highest
standards will be rejected. Spray deciduous plants in foliage with
an approved "Anti-Desiccant" immediately after digging to prevent
dehydration. Dig, pack, transport, and handle plants to insure
protection against injury. Inspection certificates required by law
shall accompany each shipment invoice or order to stock and on
arrival. A copy of certificate. Shall be filed with the Landscape
Architect. Protect all plants form drying out. If plants cannot be
planted immediately upon delivery, properly protect them with soil,
wet peat moss or in a manner acceptable to the landscape
Architect. Water heeled-in plantings as required to keep root
system moist until planting. No plant shall be bound with rope or
wire in a manner that could damage or break the branches.
1.6.3
Cover plants transported on open vehicles with a protective
.
covering to prevent windburn.
1.6.4
Frozen or muddy topsoil is not acceptable.
1.6.5
Protect all plant material during transportation in closed vehicles
and/or covered in saran netting mesh.
1.6.6
Transport and handle products in accordance with manufacturer's
instructions.
1.6.7
Promptly inspect shipments to assure that products comply with
requirements, quantities are correct, and products are
undamaged.
1.6.8
Provide equipment and personnel to handle products by
preventing soiling, disfigurement or damage.
1.6.9
Store and protect products in accordance with manufacturer's
instructions, with seals and labels intact and legible. Store
sensitive products in weather-tight, climate controlled enclosures.
1.6.10
Where approved by Architect and permitted by general conditions,
provide off site storage and protection.
1.7 JOB CONDITONS:
•
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
1.7.1 Work Notification: Notify the Landscape Architect at least 7
• working days prior to installation of plant material.
1.7.2 Protect existing utilities, paving and other facilities from damage
caused by landscaping operations.
1.7.3 A complete list plants, including a schedule of sizes, quantities
and other requirements is shown on the proposal form. In the
event that quantity discrepancies or material omissions occur in
the proposal form. In the event that quantity discrepancies or
materials omissions occur in the proposal form, Contractor shall
notify the Landscape Architect during the proposal bidding
process.
1.7.3.1 An irrigation system will be installed prior to planting.
Locate, protect and maintain the irrigation system during
planting operations. Repair irrigation system components,
damaged during planting operations, at this contractor's
expense.
1.7.4 Perform Percolation Testing.
1.7.5 Verify Availability of On-Site Water.
1.8 WARRANTY:
• 1.8.1 The project warranty period begins upon written acceptance of the
project installation by Landscape Architect and/or District
Representative.
1.8.2 Provide a 30 day warranty on all plant material under 15 gallon
and a 1 year warranty on all plant material 15 gallon and larger.
Commence warranty on date identified in the Certificate of
Substantial Completion. Warranty to include all expenses, labor,
and materials.
1.8.3 Warranty: Include coverage plants from death or unhealthy
conditions.
1.8.4 Replacements: Plants of same size and species as specified,
planted in the next growing season, with a new warranty
commencing on date of replacement.
1.9 MAINTENANCE SERVICE:
1.9.1 This Contractor shall be responsible for replacement of any plant
materials that are dead or in the opinion of the Landscape
Architect are in an unhealthy or unsightly condition, or having lost
natural shape, resulting from dieback, excessive pruning or
• inadequate or improper maintenance as part of the guarantee.
Prior to any replacements this contractor shall review individual
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
plants in question with Landscape Architect and determine the
reason for plant demise. .
1.9.2 Replacements must meet specifications i.e. quality, species of
plant material and planting procedures to receive approval or
replacement materials by Landscape Architect.
1.9.3 Costs for replacements are assumed part of bid quotations and
therefore will not result in an additional cost to the District.
1.9.4 Areas damaged as a result of replacement are assumed part of
bid quotations and therefore will not result in additional cost to the
District.
1.9.5 This contractor shall be responsibility for watering all planting
through the warranty period and shall keep guy wires taut, raise
tree balls which settle, furnish and apply sprays as necessary to
keep the plantings free of disease and insects until the end of the
warranty period.
1.9.6 Maintenance Services: Performed by Installer.
1.9.7 Maintain plant life immediately after placement. Commence
maintenance on date identified in the certificate of substantial
completion for a period of three months. •
1.9.8 Maintenance to include:
1.9.8.1 Cultivations and weeding plant beds and tree pits.
Cultivation shall be continuous throughout project.
1.9.8.2 Application of herbicides for weed control in accordance
with manufacturer's instructions. Remedy damage from
use of pesticides.
1.9.8.3 Application of pesticides for weed control in accordance
with manufacturer's instructions. Remedy damage from
use of pesticides.
1.9.8.4 Irrigating sufficient to saturate root systems.
1.9.8.5 Trimming and pruning, including removal of clippings and
dead or broken branches and treatment of pruned areas or
other wounds.
1.9.8.6 Disease Control.
1.9.8.7 Maintaining wrapping, guy turnbuckles and stakes. Adjust
turnbuckles to keep guy wires tight. Repair or replace •
accessories when required.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
• 1.10 DEFINITIONS:
1.10.1 Weeds: Includes Dandelion, Jimsonweed, Quack grass, Horsetail,
Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed,
Cress, Crabgrass, Canadian Thistle, Nut grass, Poison Oak
Blackberry Tansy.
1.11 ENVIRONMENTAL REQUIREMENTS
1.11. Do not install plants when ambient temperatures below 35 degrees
F of above 90 degrees F
1.11.2 Do not install plants when wind velocity exceeds 30 mph
1.12 Sequencing, Scheduling, and Coordination
1.12.1 Coordinate the work of this Section with installation of underground
irrigation system utilities, piping and watering heads.
1.12.2 Phase One Schedule: Phase One (lawn area at playfield area,
sod and all slopes); It is by directive from the School District that
the Phase One be completed prior to the completion of other
trades and work, and to have an approved established lawn are
and established slope planting of trees, shrubs, and ground
• covers of 120 days prior to occupancy by the School District.
1.12.2.1 Grading: The Contractor shall complete all necessary
grading of the Phase One is at beginning of the project.
1.12.2.2 Underground Work: Complete all underground work
including utilities and drainage.
1.12.2.3 Provide Water: Install all necessary devices including
backflow preventer, valves, lines, for water connection
and supply.
1.12.2.4 Provide all required backstops, dugouts, fencing,
footings, mowing strips, etc., as per drawings.
1.12.2.5 Electrical: Provide all necessary electrical for irrigation
automatic controller and for plump (when required).
1.12.2.6 Irrigation: Irrigation work shall commence immediately
and be completed within 30 days. Install as per plans
and specifications.
1.12.2.7 All work shall be done in accordance with the plans and
specifications.
•
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 7
1. 12.2.8 Maintenance: The Contractor shall maintain the irrigation •
system until completion of all other work and until final
acceptance of the entire project including all other work
and areas.
1.12.2.9 Contractor shall give to the Architect within 30 days after
award of the contract for Architect approval, the exact
time schedule of the above-described work.
PART 2-PRODUCTS
2.1 MATERIALS:
2.1.1 Plants: Furnish.plants typical of their species or variety; with
normal, densely developed branches and vigorous, fibrous root
systems. Furnish only wound, healthy, vigorous plants free from
defects, disfiguring knots, sunscald injuries, frost cracks,
abrasions of the bark, plant disease, insect eggs, borers and all
forms of infestation. All plants shall have a fully developed form
without voids and open spaces.
2.1.1.1 Dig balled and bur lapped plants with firm, natural balls of
earth of sufficient diameter and depth to encompass the
fibrous and feeding root system necessary for full recovery
of the plant. Provide ball sizes complying with the latest .
edition of the "American Standard for Nursery Stock".
Cracked or mushroomed balls are not acceptable.
2.1.1.2 Furnish tree species that mature at heights over 25'-0" with
a single, main trunk. Trees that have the main trunk
forming a "Y" shape are not acceptable.
2.1.1.3 Plant planted in rows shall be matched in form.
2.1.1.4 Plants larger than those specified in the plant list may be
used when acceptable to the Landscape Architect.
2.1.1.5 If the use of larger plants is acceptable, increase the
spread of roots or root ball in proportion to the size of the
plant.
2.1.1.6 The height of the trees, specified by height, measured
from the crown of the roots to the top of the top branch,
shall not be less than the minimum size designated on
plans.
2.1.1.7 No pruning wounds shall be present with a diameter of
more than 1" and such wounds must show vigorous bark
on all edges. •
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
2.1.1.8 Evergreen trees shall be unsheared and branched to the
. ground.
2.1.1.9 Shrubs and small plants shall meet the requirements for
spread and height indicated on the plans.
2.1.2 Container-Grown Stock: Grown in a container for sufficient length
of time for the root system to have developed to hold its soil
together firm and whole.
2.1.2.1 No plants shall be loose in the container.
2.1.2.2 Container stock shall not be root bound.
2.1.2.3 The measurement for height shall be taken from the
ground level to the average height of the top of the plant
and not the longest branch.
2.1.2.4 Single stemmed or thin shrubs will not be accepted.
2.1.2.5 Side branches shall be generous, well twigged and the
plant as a whole well bushed to the ground.
2.1.2.6 Plant shall be in a moist, vigorous condition, free from
dead wood, bruises or other root or branch injuries.
. 2.1.3 Topsoil
2.1.3.1 Fertile, agricultural sandy loam soil, 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
7.0.
2.1.3.2 Organic Soil Amendment shall be neutralized, stabilized,
fine sawdust free of noxious materials.
2.1.3.2.1 Fertilizer/Soil Conditioner: Gro-Power Plus (5-3-
1): 70% Humus acids with soil penetrant.
1.3.2.2 Grow-Power Premium Green Iron 40% Fe with
micronutrients, non-staining, slow release,
granular.
2.1.3.2.3 Minerals: Soil Sulfur; Registered as agricultural
minerals with the State Department of Agriculture
in compliance with the Agricultural Code.
2.1.3.2.4 Water: Clean, fresh and free of substances or
• matter, which could inhibit, vigorous growth of
plants.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 9
2.1.3.2.5 Agriculture Gypsum: As common to industry. •
2.1.3.2.6 Ammonium Phosphate 16-20-0
2.1.3.2.7 Sand: Clean washed plaster sand.
2.1.3.3 Mulch Material: Provide 1 1/2 thick coarse, ground wood
bark, free of growth or germination inhibiting ingredients.
Provide samples to Architect for approval.
2.1.3.4 Peat Moss: Brown to black in color, weed and seed free
granulated raw peat. Furnish ASTM D 2607 sphagnum
peat moss with a pH below 6.0 for ericaceous plants.
2.1.3.5 Planting Mixture Type A: Standard planting backfill shall be
a mixture of 1/3 topsoil, 1/3 sand, and 1/3. peat. Adding
fertilizer Type "B" to mixture per manufacturer's
requirements. Follow planting details.
2.1.3.6 Planting Mixture Type B: (For Flowers, Ground Cover
Beds, Ericaceous Plants and Ornamental Grasses):
Planting back shall be a mixture per manufacturer's
requirements. Follow planting details.
2.1.3.7 Landscape Fabrics/Weed Barriers shall be one of the .
following: (Under gravel maintenance strips only).
2.1.3.8 Herbicides
2.1.3.8.1 Herbicides used must comply with all applicable
State and Federal laws and be registered with the
U.S. Environmental Protection Agency.
2.1.3.8.1.1 Pre-emergence application of
"Treflan 5% Granules" or equivalent
applied according to manufacturer's
recommendation and incorporated
into soil as specified.
2.1.3.8.1.2 Post-emergency application of
"Round-Up" or equivalent applied as
specified by manufacturer. Spray
with extreme care to avoid contact
with landscape planting.
2.1.3.9 Anti-Desiccant: Protective film emulsion providing a
protective film over plant surfaces permeable to permit
transpiration. Mixed and applied in accordance with .
manufacturer's instruction.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 10
• 2.1.3. 10 Shredded Bark Mulch: Clean, free of debris and sticks,
and well aerated. Materials shall be uniform in size,
shape, and texture. Submit samples to owner for
approval prior to installation. Install mulch to finish grade,
level smooth, without ridges, humps or depressions.
2.1.3.11 Water: Free of substances harmful to plant growth.
Hoses or other methods of transportation furnished by
Contractor.
2.1.3.12 Stakes for Staking: Hardwood, 2" x 2" x 6'-0" minimum
length.
2.1.3.13 Stakes for Guying: Hardwood 2" x 2" x 36" long.
2.1.3.14 Guying/Staking Wire: No. 10 or 12 gage galvanized wire.
For large trees use turnbuckles and heavier gauge wire.
2.1.3.15 Turnbuckles: Galvanized steel of size and gauge
required to provide tensile strength equal to that of the
wire. Turnbuckle opening shall be at least 3".
2.1.3.16 Staking and Guying Hose: Two-ply, reinforced garden
hose not less than 1/2" inside diameter.
2.1.3.17 Tree Wrap: Standard waterproofed tree-wrapping paper.
1-1/2" wide, made of 2 layers of crepe Kraft paper
weighing not less than 30 Ibs per ream, cemented
together with asphalt.
2.1.3.18 Twine: Two ply jute material.
2.1.3.19 Pavement Protection: Provide root barriers as specified
in the drawings.
2.1.4 Source Quality Control
2.1.4.1 Provide Inspection for verifying acceptability of plants.
2.1.5 Soil Tests: Provide testing prior to start of the project. Provide
tests from an approved soil and plant laboratory.
2.1.5.1 Provide Analysis of imported and existing soil.
2.1.5.2 Analyze to ascertain percentage of nitrogen, phosphorous,
potash, soluble salt, and organic matter, pH value.
2.1.5.3 Submit a minimum of 3 soil samples from the site. The
contractor under the supervision of Architect shall obtain
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
these samples. Forward sample to testing laboratory in
sealed containers to prevent contamination. The cost of •
the soil testing shall be included in the landscape project
cost.
2.1.5.4 Test reports shall include agricultural suitability analysis,
soil fertility analysis, and recommendations.
2.1.5.5 When submitting soil samples to the testing laboratory's
reference and use.
2.1.5.6 Soil tests shall be completed and results and
recommendations submitted to the Architect prior to the
beginning of landscape site work. When submitting results,
provide written cost change if recommendations are
followed.
Part 3 - EXECUTION
3.1 EXAMINATION:
3.1.1 Examine proposed planting areas and conditions of installation.
Do not start planting work until unsatisfactory conditions are
corrected.
3.1.2 Verify that prepared subsoil and planters are ready to receive •
work of this Section.
3.1.3 Beginning of installation means "acceptance of existing
conditions.
3.2 PREPARATION;
3.2.1 Time of Planting
3.2.1.1 Evergreen material: Plant evergreen materials between
October 1 and October 31 or in spring before new growth
begins. If project requirements require planting at other
times, plants shall be sprayed with anti-desiccant prior to
planting operations.
3.2.1.2 Deciduous material: Plant deciduous materials in a
dormant condition. If deciduous trees are planted in-leaf,
they shall be sprayed with an anti-desiccant prior to
planting operations.
3.2.1.3 Planting times other than those indicated shall be
acceptable to the Landscape Architect.
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 12
3.2.2 Planting shall be performed only by experienced workmen familiar
. with planting procedures under the supervision of a qualified
supervisor.
3.2.3 Individual plant locations shall be staked on the project site by the
Contractor and approved by the Landscape Architect or District
Representative before any planting pits are dug. The Landscape
Architect reserves the right to adjust plant material locations to
meet conditions, without additional cost to District.
3.2.4 Planting pits shall be round, with vertical sides and flat bottoms
and sized in accordance with outlines and dimensions shown on
the planting details.
3.2.5 Accurately stake plant material according to the drawings. Stakes
shall be above grade and painted a bright color to be clearly
visible for inspection.
3.2.6 If obstructions are encountered that are not indicated, do not
proceed with planting operations until alternative plant locations
have been selected and approved in writing by the Landscape
Architect. Where location or spacing dimensions are not clearly
shown, request clarification by the Landscape Architect.
3.2.7 See drawings for planting details.
• 3.2.8 Vegetation Removal
3.2.8.1 Strip existing grass and weeds, including roots, from all
bed areas, till and fine grade existing topsoil, leaving the
soil surface, one inch below finished grade (in areas show
on plan).
3.2.8.2 Herbicide: Use Round-Up (Monsanto Co.) as required to
prepare areas for new planting, applied to all ground cover,
evergreen and shrubbery beds and all mulch areas before
application of pre-emergence herbicide, per manufacturer's
recommendations. Clean area of all dead material after 5
days.
3.2.8.3 Pre-emergence Herbicide: DACTHAL W-75 (Diamond
Shamrock Agricultural Chemicals) or approved equal
applied to 1 ounce per 100 square feet to same area
where "Herbicide" has been applied and after area is
cleared of dead vegetation.
3.2.8.4 Herbicides to be applied by licensed applicator as required
by the state.
• 3.2.9 Preparation of Subsoil
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 13
3.2.9.1 Spraying: Apply "Round-up" to all existing planting areas
as per manufacturer's recommendation. •
3.2.9.2 Finish grade shall be as per the Civil Drawings. All areas
shall slope and drain towards catch basins or drainage
devices.
3.2.9.3 Prepare subsoil to eliminate uneven areas. Maintain
profiles and contours. Make changes in grade gradual.
Blend slopes into level areas.
3.2.9.4 Remove foreign materials, weeds, and undesirable plants
and their roots. Remove contaminated subsoil.
3.2.9.5 Deep-rip and scarify subsoil to a minimum depth of 10" in
two (2) directions. Repeat cultivation in areas where
equipment used for hauling and spreading topsoil has
compacted subsoil. Use heavy equipment D9 Tractor to
obtain 10" minimum depth. Owner's representative or
inspector must approve depth prior to commencement of
next phase. Roto-till immediately after deep ripping.
3.2.9.6 Remove all rocks 1" or larger from top 10" of soil. When
rocks are encountered, remove with screens, grates or any
other approved rock removal device as necessary.
3.2.9.7 Catch basins in planting areas occur throughout the
project. Finish grade at each catch basin in planting areas,
including but not limited to top sod and hydro-seed, shall
be'P' below top of catch basin in planting areas must be in
a straight line towards catch basin, no mounding or high
spots permitted. Water must flow evenly and smoothly
towards each catch basin, no mounding or high spots
permitted. Water must flow evenly and smoothly towards
each catch basin. Typical at all locations, all areas, all flush
planters and raised planters. Refer to civil and grading
drawings.
3.2.9.8 At all raised planters, prior to prepared backfill, remove
foreign materials and objects. Remove from planters all
previously placed site-excavated backfill. Only prepared
backfill shall be permitted. When raised planter has an
open bottom to open soil, scarify existing soil 10" deep to
break up compaction.
3.2.9.9 When deep ripping is not possible, drill 8" round drain
holes filled with gravel at 6 feet O.C. and cover top of •
gravel with geo-tec material. Backfill planter with 60%
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 14
clean sandy loam top soil that is approved by the
. Landscape Architect, 20 % clean washed sand #28 and
20% soil amendments to with in 10" from top of planter
wall. When raise planter is not open to the ground and has
an impervious bottom of concrete or the equivalent of,
provide a subsurface drainage system consisting of "
gravel, 4" perforated drain pipe, and geo-tec filter
membranes, all to be approved by the Landscape
Architect. Grade finish surface of planter to slope evenly in
a straight line to one half inch (1/2") below catch basin or
drainage device. Excavated soil is not acceptable for any
use in the planters.
3.2.10. Placing Topsoil
3.2.10.1 Spread topsoil over all low areas to be planted.
Rake smooth.
3.2.10.2 Place topsoil during dry weather.
3.2.10.3 Remove vegetable matter and foreign non-
organic material from topsoil while spreading.
3.2.10.4 Grade topsoil to eliminate rough, low, or soft
• areas and to ensure positive drainage. All areas
must drain as per civil drawing.
3.2.11 Soil Preparation
3.2.11.1 Apply 6 cubic yards of organic soil amendment
per 1,000 square feet.
3.2.11.2 Apply 100 Ibs of agricultural gypsum per 1,000 sq
feet.
3.2.11.3 Apply 200 Ibs of fertilizer/soil conditioner per
1,000 sq feet.
3.2.11.4 Apply 15 Ibs 16-20-0 Ammonium Phosphate per
1,000 sq feet.
3.2.11.5 Apply 10 Ibs Soil Sulfur per 1,000 sq ft.
3.2.11.6
Apply 2 cubic yards of clean washed plaster sand per
1,000 sq feet
3.2.11.7 Mix thoroughly into upper 6 inches of soil.
• 3.2.11.8 Lightly water to aid dissipation of fertilizer.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 15
3.2.11.9 Moisten soil thoroughly prior to planting to a
depth of not less than 12 inches.
3.2.12 Protection of Existing Vegetation
3.2.12.1 If lawns have been established prior to planting
operations, the surrounding turf shall be covered
in a manner that will protect turf areas before
excavations.
3.2.13 Preparation of Planters Islands
3.2.13.1 This Contractor is to coordinate with the
Construction Representative and insure a sub-
grade 6" below finished surface of adjacent
concrete walks and curbs in all tree wells and
planter islands and backfill with 3" of decomposed
granite to a depth that will allow for a 3" layer of
shredded bark mulch. Refer to Section 02311 and
02511.
3.3
INSTALLATION:
3.3.1 Excavate circular plant pits where occurring with vertical sides,
except for plants specifically indicted to be planted in beds.
Provide plant pits per planting details. Depth of pit shall
accommodate the root system. Scarify the bottom of the pit to a
depth of 4".
3.3.2 Furnish and install pre-mixed planting mixture Type "A" for use
around the balls and roots of all deciduous and evergreen tree
plantings.
3.3.3 Bed for Ground Cover, Flowers, Vine Plants and Ornamental
Grasses: Excavate existing soil to 12" depth over entire bed area
and remove soil form site. Set plants according to drawings and
backfill entire bed with pre-mixed planting mixture Type "B".
3.3.4 Mass Shrub Beds/Hedge Beds: Excavate existing soil to 18" depth
over entire bed area and remove soil from site. Scarify bottom of
the bed to a $'depth. Set plants according to drawings and
specifications and backfill
planting mixture Type "A".
3.3.5 Planting
entire bed with (pre-mixed) specified
•
•
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 16
3.3.5.1 Set plant material in the planting pit to proper grade and
. alignment. Set plant upright, plumb and faced to give the
best appearance or relationship to each other or adjacent
structure. Set plant mater 2"-3" above the finish grade. No
filling will be permitted around trunks or stems. Backfill the
pit with planting mixture. Do not use frozen or muddy
mixtures for backfilling. Form a ring of soil around the edge
of each planting pit to retain water in non-irrigated areas.
3.3.5.2 After balled and burlapped plants are set, muddle planting
soil mixture around bases of balls and fill all voids.
Sufficiently compact to prevent settlement.
3.3.5.3 Remove all burlap, ropes and wires from the tops of balls.
3.3.5.4 Set plants in pits or beds, partly filled with prepared backfill
mixture.
3.3.5.5 Saturate soil with water when the pit or bed is half full of
prepared backfill mix and again when full.
3.3.5.6 Plant plants as per drawing and details.
3.3.5.7 Prepared Backfill mix shall consist of:
. 3.3.5.7.160% excavated soil free from all rocks 1 inch or
larger.
3.3.5.7.240% nitrolized sawdust.
3.3.5.7.317 Ibs fertilizer/soil conditioner per cubic yard of
mix.
3.3.5.7.4 2 Ibs Iron Sulfate per cubic yard of mix.
3.3.5.7.51 lb 16-20-0 Ammonium Phosphate per cubic
yard of mix.
3.3.6.9 Backfill materials shall be thoroughly mixed to the bottom
of the pit so that they are evenly distributed and without
clods or lumps. Backfill shall be placed in the pits so that
the plant root ball will one be inch above finish grade.
Backfill material shall be level with surrounding soil after
settlement.
3.3.6.10 The planting plans are a guide to plant locations. Due to
field conditions, the plants may require relocation,
therefore, before any plants are planted, obtain Architect
approval 72 hours before planting.
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 17
3.3.6.11 Loosen roots and soil at edges of root ball of plant being
installed and plant with backfill soil as per specifications. •
3.3.6.12 Build a temporary 3" high basin around plant material as
they are planted and water several times before
removing a basin.
3.3.6.13 When planting on slopes, do not remove basins. Plant
material shall be as specified on the drawings.
3.3.6.14 Provide at all trees 18" high polystyrene tree guard root
barriers. Install as per manufacturer's recommendations.
Refer to details.
3.3.6.15 Provide at all lawn areas 8" x 12" polystyrene tree guards
(TP-128 trunk protectors) manufactured by Shawtown
Industries Inc., Camarillo, CA, Phone No. 800-772-7668
or approved equal.
3.3.6.16 Existing Ground Cover: Leave all existing ground cover
undisturbed in not graded areas.
3.3.6.17 All plants shall be pruned after planting to reduce
transpiration and to achieve an aesthetically pleasing
healthy plant.
3.3.6.18 Do not plant trees and shrubs until final grades have
been established and the planting areas properly graded.
3.3.6.19 In the event that underground construction work or
obstructions are encountered in planting operation,
select alternate locations and obtain acceptance by the
Architect.
3.3.6.20 Jute Mesh: Apply jute mesh as per manufacturer's
recommendations on all slopes two and a half (2
horizontal to (1) vertical or steeper. Refer to detail.
3.3.6.21 Mulch: Mulch all shrub and ground cover areas with 1 '/2
" thickness mulch except where jute mesh is applied.
Spread mulch between all trees shrubs, and ground
cover 3" deep immediately after planting, after watering,
rake mulch to provide a uniform finish surface.
3.3.7 Wrapping, Guying, and Staking
3.3.7.1 Inspect trees for injury to trunks, evidence of insect
infestation and improper pruning before wrapping.
3.3-7.2 Wrap trunks of all trees spirally from bottom to top with •
specified tree wrap and secure in place.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 18
3.3.7.3 Stake/guy all trees immediately after lawn seeding
operations and prior to acceptance. When high winds or
other conditions, which may effect tree survival or
appearance occur, the Landscape Architect or
Construction Representative shall require immediate
staking/guying.
3.3.7.4 Stake deciduous trees under 4" caliper. Stake evergreen
trees under 6'-0" tall with 2 x 2 cedar stakes, 2 per tree.
3.3.7.5 Guy deciduous trees 4" caliber and over. Guy evergreen
trees 6'-0" tall and over with metal fence post, 3 per tree.
3.3.7.6 All work shall be acceptable to the Landscape Architect.
3.3.8 Field Quality Control
3.3.8.1 Field inspection will be performed under provisions of
Section 01400.
3.3.8.2 Plants will be rejected when ball of earth surrounding roots
has been disturbed, damaged, shaved, or cracked prior to
or during planting.
3.3.9 Watering
3.3.9.11t is the responsibility of the Landscape Contractor to
properly irrigate all landscaped areas of the entire site,
keeping all plant material in a healthy and growing
condition, to include but not limited to the following:
3.3.9.1.1 Set the correct sprinkler watering schedules at
the irrigation automatic controller for the entire
site that includes duration and frequency of
settings. This normally would involve at the early
development stages 4 to 6 water periods daily,
and then near the conclusion of the work, maybe
only once daily, or even less. The time of year,
temperatures, site orientation, and wind will
influence the settings. Each watering period shall
be adjusted accordingly without creating runoff
and or soil erosion. Set each watering schedule
program not to exceed five (5) minutes or less
depending on the soil acceptance of the water.
Repeat each program to sufficiently moisten the
soil for proper root growth.
0
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 19
3.3.9.1.2 Do not over-water any areas, nor permit water
run off to flow onto any adjacent areas.
Immediately stop watering schedule when soil
can no longer absorb moisture and water run off
occurs.
3.3.9.1.3 Conform to any and all water conservation
requirements unless specifically requested in
writing by Architect.
3.3.9.1.4 Keep all spray patterns within their specific areas
and not letting any spray fall on other areas,
adding additional heads and spray patterns, if
necessary. Do not permit any sprinkler head to
spray or fall onto any roads, walkways, paved
areas, buildings, vaults, irrigation controllers, etc.,
whether public or private property. Adjust all
heads as required.
3.3.9.1.5 As soon as plants are established and new roots
have been established, go to Night Time Water
Schedule.
3.3.9.2 Apply water to plants during operations and thereafter until
acceptance of work.
3.4.9.3 Plants, which cannot be watered efficiently with the .
existing water system, shall be watered by means of a
hose.
3.4.9.4 Immediately after planting, apply water to each tree and
shrub 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 hole to
the top of the ground.
3.4.9.5Apply water in sufficient quantities and as often as
seasonal conditions require to keep the planted areas wet
at all times, well below the root systems of plants. Do not
permit any water to spray on to or run on to any adjacent
walks, paved areas, roadways, etc.
3.4.9.6 Ground cover planting shall be immediately sprinkled to
avoid drying out until the entire planted area is thoroughly
watered and the soil soaked to the full depth of each plant
hole.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 20
3.3.10 Fertilizing
• 3.3.10.1 Fertilize 15 days after completion of soil preparation with
10 Ibs per 1000 sq feet. Fertilize all areas prior to the
commencement of the maintenance period and then
every 30 days after starting maintenance period at the
rate of 25 Ibs per 1,000 sq feet with fertilizer. There shall
be a minimum of 5 applications. Notify Architect and
School District prior to application. School District shall
observe application. Provide copies of delivery for School
District's records.
3.3.11 Pruning
3.3.11.1 Prune branches of deciduous stock, after planting, to
balance the loss of roots and preserve the natural
character appropriate to the particular plant
requirements. Remove or cut back broken, damaged and
unsymmetrical growth of new wood.
3.3.11.2 Multiple leader plants: Preserve the leader, which will
best promote the symmetry of the plant. Cut branches
flush with the branch collar. Make cut on an angle.
3.3.11.3 Prune evergreen trees only to remove broken or
damaged branches.
0 END OF SECTION
t~ J
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL 21
•
•
0
Section 11.6613
Outdoor Fitness Equipment
• PART 1-GENERAL
1.01 SUMMARY
A. Section Includes: Outdoor Fitness Equipment
1. Supply and Installation of Outdoor Fitness Equipment and associated equipment as
designed on the Plans.
B. Work installed but not supplied under this section.
1. Division 01 81 13 SUSTAINABLE DESIGN REQUIREMENTS (LEED)
2. Division 31 20 00 EARTH MOVING
3. Division 32 13 13 CONCRETE PAVING
4. Division 32 18 16 SYNTHETIC RESILIENT SURFACING
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM)
1. ASTM A29 specifications for Carbon Steels SAE 1040
1.03 PRODUCT FURNISHED
A. Outdoor Fitness Equipment shall meet the following requirements:
1.
All equipment shall be constructed of SAE 1040 High Carbon Steel for superior durability.
2.
The joints' weldings are to be at least 2/5-1/2 inch thick for premium strength.
3.
Bearings are to be made of stainless steel with cast steel rollers, not requiring
re-lubrication.
4.
After fabrication and welding, all metal parts are to be cold galvanized for rust protection
•
and corrosion prevention.
5.
All metal parts are to be coated with 3 layers (300-400 microns) of anti-chipping DuPont
Powder Coat.
6.
An additional layer of polyurethane UV3 (450 microns) is to be applied to all metal parts
for ultraviolet protection.
7.
Seats and stepping platforms are made of 2 layers of hand-shaped fiberglass for ultimate
comfort and temperature control.
1.04 QUALITY ASSURANCE
Provide evidence of commitment of quality craftsmanship as demonstrated by the following:
A. It shall be the obligation of the Contractor to insure that all criteria are satisfied and the burden
or proof of conformance shall rest with the contractor. The Landscape Architect / Project
Manager shall be the sole judge of conformance and the Contractor is cautioned that he will
be required to Bid and provide a finished product meeting all stated criteria. It is
recommended that the contractor or project manager follow an inspection and approval
process, as provided by the manufacturer.
B. Manufacturer's Qualifications:
1. The product shall be designed and produced at a facility owned and directly supervised by
the supplier. The product shall be shipped from a single source.
2. The Manufacture shall have a full time on-staff quality control manager.
0
Outdoor Fitness Equipment Page 1 of 4
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
Section 11.6613
Outdoor Fitness Equipment
1.05 CONTRACTOR PRE-QUALIFICATIONS
A. Contractor must hold specific valid California State Contractors license, C-64 Prefabricated
Equipment .
B. Outdoor Fitness Equipment installation shall be performed by a contractor who is licensed in
the state of California, carrying $1 million per occurrence / $2 million aggregate of liability
insurance.
C. Contractor shall provide a 3 year service Warranty.
1.06 SUBMITTALS
A. Comply with requirements in Section 01 33 19 Submittals Schedule.
B. Product Data: Within fourteen (14) calendar days after the Contractor has received the Notice
to Proceed from Owner, submit:
1. Materials list of items proposed to be provided under this section;
2. Manufacturer's specifications and other data needed to prove compliance with the
specified requirements;
3. Manufacturer's recommended installation procedures which, when approved by the
Engineer, will become the basis for accepting or rejecting actual installation procedures
used on the work.
4. Provide manufactures standard Warranty.
1.07 DELIVERY, STORAGE & HANDLING
0
A. Product Delivery:
1. Deliver materials to job site in an undamaged condition. Unload materials with necessary
equipment, store covered out of weather. Customer will Inspect parts within 48 hours of
delivery, compare with manufacturer's bill of material, and report any missing or non- •
conforming parts to manufacturer within this time.
2. Inspect all items for abraded surfaces and other unacceptable deliver conditions. Return
damaged or non-conforming items to manufacturer for replacement.
1.08 WARRANTY
A. Provide the following warranty
1. The manufacturer shall provide a limited Lifetime Warranty on their product.
2. The manufacturer shall provide a Limited 15-Year Warranty for all metal parts.
3. The manufacturer shall provide a Limited 5-Year Warranty on all seats.
PART2-PRODUCTS
2.01 MANUFACTURERS
A. Greenfield Sports Parks, Inc. 310-662-3226. Pricing is available from Playsolution,
Westchester, CA Phone 888-215-0842, FAX 320-568-9843
2.02 MODEL NUMBERS
A. Provide the following Greenfield Fitness Equipment products
1. Cross-County Ski Machine # GR 2005-1-09
2. 2 Person Cross-County Ski Machine # GR2005-1-26
3. 2 Person Air Walker # GR2005-1-23
4. 4 Person Twisting Machine # GR2005-1-46
5. 2 Person Pendulum Machine # GR2005-1-22
6. Rowing Machine # GR2005-1-48 •
7. 2 Person Seated Arm-Press Machine # GR2005-1-47
Outdoor Fitness Equipment Page 2 of 4
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
8.
9.
10
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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Section 11.6613
Outdoor Fitness Equipment
2 Person Lat Pull-Down Machine # Gr 2005-1-48
Fly Machine # GR2005-1-08
2 Person Vertical Bench-Press Machine # GR2005-1-48A
2 Person Back Massage # GR2005-1-13
Reverse Fly Machine # GR2005-1-90
Stair Climber # GR2005-1-92
4 Person Leg Press Machine # GR2005-1-104
Recumbent Stationary Bike # GR2005-1-49
2 Person Leg Curl Machine # GR2005-1-100
2 Person Incline Crunch Benches # GR2005-1-19
Upright Stationary Bike # GR2005-1-89
Stationary Hand & Leg Bike # GR2005-1-30
Sealed Leg Extention Machine # GR2005-1-98
Seated Core Strengthening Machine # GR2005-1-28
2 Person Turn-Able Machine # GR2005-1-54
2 Level Horizontal Bar # GR2005-1-21
2 Person Parallel Bars # GR2007-8-22
Hand Pusher Machine # GR2005-1-05
2 Person Tai-Chi Grind Machine # GR2005-1-04
Shoulder & Neck Massage Chair # GR 2005-1-07
Feet & Back Massage # GR2005-1-11
Safety/Announcement Board # GR2007-2-22
2.03 PRODUCT SUBSTITUTIONS
A. Substitutions must be approved a minimum of ten (10) days prior to bid. All approved
manufacturers shall be notified in writing before the bid date and shall not be allowed to bid
without written notification.
is B. Alternate suppliers must meet the qualifications listed under paragraph 1.03.
2.04 MATERIALS
A. The outdoor fitness equipment shall be manufactured with the following materials.
1. All equipment is to be constructed of SAE 1040 High Carbon Steel.
2. Joint welds are to be at least 2/5-1/2 inch thick.
3. Bearings are to be made of stainless steel with cast steel rollers not requiring re-
lubrication.
4. All seats and stepping platforms are to be made of 2 layers of hand-shaped
fiberglass.
5. After fabrication and welding, all parts are to be cold galvanized for rust protection.
6. All metal parts are to receive three layers (300-400 microns) of DuPont Powder Coat.
7. An additional layer of polyurethane UV3 (450 microns) is to be applied to all metal
parts for ultraviolet protection.
PART 3 - EXECUTION
3.01 MANUFACTURE'S INSTRUCTTIONS
A. Comply with the instructions and recommendations of the outdoor exercise equipment
manufacturer.
3.01 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this section will be performed. Correct
• condition detrimental to timely and proper completion of the work.
Outdoor Fitness Equipment Page 3 of 4
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
Section 11.6613
Outdoor Fitness Equipment
B. No equipment, apparatus of foundation for same shall be placed until location stakes have
been inspected and accepted by the Landscape Architect / Project Manager.
C. Contractor shall stake or mark locations for all slabs and foundations and shall obtain the
approval of the Landscape Architect / Project Manager, prior to commencing any digging.
D. Locations shall be adjusted to provide minimum clear distances required from all edges of
slabs, trees, irrigation heads or other obstructions.
3.02 CONCRETE WORK
A. All concrete work shall conform to the Standard Specifications for Public Works Construction,
Latest Edition.
B. Contractor shall obtain the approval of all forming, from Landscape Architect / Project
Manager, prior to pouring any concrete slabs. Foundation holes shall be inspected and
approved by the Landscape Architect / Project Manager, prior to pouring of'concrete.
3.03 INSTALLATION
A. Outdoor Fitness Equipment and associated equipment shall be installed per the
manufactures recommendations.
B. Installer must provide proof of General Liability Insurance, Auto Insurance and Workers
Compensation.
C. Installer must provide proof of being licensed to operate in the state of California with an A
General, C-64 license - Prefabricated Equipment.
3.04 TOUCH-UP PAINT
A. Galvanizing - all touch-up of galvanized material after welding shall be performed using
Galvalloy or Galvicon paint or approve equal and over-painted to match existing. .
3.05 CLEAN-UP
A. Contactor shall clean-up and legally dispose of all unused materials, excess soil and debris at
regular intervals throughout the duration of the work and as directed by the Landscape
Architect / Project Manager, at no additional cost to the owner.
END OF SECTION
0
Outdoor Fitness Equipment Page 4 of 4
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
Section 11.1704
Synthetic Resilient Surfacing
0
•
1-GENERAL
1.01 SUMMARY
A. Section Includes: Synthetic Resilient Surfacing system.
1. Colored mulch Synthetic Resilient Surfacing
2. Cast-in-place Synthetic Resilient Surfacing
B. Related Sections:
1. Division 01 81 13 SUSTAINABLE DESIGN REQUIREMENTS (LEED)
2. Division 11 66 13 OUTDOOR FITNESS EQUIPMENT
3. Division 31 20 00 EARTH MOVING
4. Division 32 13 13 CONCRETE PAVING
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. ASTM D412 Standard Test Methods for Vulcanized Rubber and Thermoplastic Rubbers
and Thermoplastic Elastomers-Tension.
2. ASTM D624 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber
and Thermoplastic Elastomers.
3. ASTM D2047 Standard Test Method for Static Coefficient of Friction of Polish-Coated
Floor Surfaces as Measured by the James Machine.
4. ASTM D2859 Standard Test Method for Flammability of Finished Textile Floor Covering
Materials.
5. ASTM E303 Standard Test Method for Measuring Surface Frictional Properties Using the
British Pendulum Tester.
6. ASTM F1292-04 Standard Specification for Impact Attenuation of Surface Systems.
7. ASTM F1951-99 Standard Specification for Determination of Accessibility of Surface
Systems.
1.03 PRODUCTS FURNISHED
A. Synthetic Resilient Surfacing Product Requirements: Provide a 2 layer rubber-polyurethane
surfacing system which has been designed, manufactured and installed to meet the following
criteria:
1. Shock Attenuation (ASTM F1292):
a. Gmax: Less than 200.
b. Head Injury Criteria: Less than 1000.
2. Flammability (ASTM D2859): Pass.
3. Tensile Strength (ASTM D412): 60 psi (413 kPa).
4. Tear Resistance (ASTM D624):140%.
5. Water Permeability: 0.4 gal/yd2/second.
6. Accessibility: Comply with requirements of ASTM F1951-00.
0
1.04 SURFACING CONTRACTOR PRE-QUALIFICATIONS
A. Contractor must hold specific valid California State Contractors license (D/12).
B. Contractor must have at least 60 installations of exact or similar synthetic resilient surfacing
applications.
C. Contractor must have installed a minimum of 1,750,000 square feet of exact or similar safety
surfacing applications.
D. Contractor must have been in business in the same safety surfacing industry for at least 3 years.
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL
Synthetic Resilient Surfacing
Section 11.1704
Page 1 of 6
Section 11.1704
Synthetic Resilient Surfacing
E. Contractor shall submit a list of twenty-five (25) surfacing projects completed with a similar
product within the last ten (10) years. List shall include names of project representatives and
respective telephone numbers.
F. Insurance Requirements: All bidders must carry minimum insurance of $1,000,000 General
Liability and $2,000,000 in Excess Liability. The issuing underwriter shall be an "A" rated
company.
1.05 SUBMITTALS
A. General: Submit listed submittals in accordance with Conditions of the Contract and
Division 01 81 13 Submittal Design Requirements for LEED prerequisite
B. Product Data: Submit manufacturer's product data and Material Safety Data Sheets (MSDS).and
installation instructions.
C. Verification Samples: Submit manufacturer's standard verification samples, including approved
colors - two samples measuring 2" X 2" minimum in applicable depth.
D. Manufacturer's details showing depth of surface system, sub-base materials and edge details.
E. Performance Requirements
1. ASTM F1292-04 impact test per applicable critical fall height requirements
2. ASTM F1951-99 wheelchair accessibility test
F. Quality Assurance/Control Submittals: Submit the following:
1. Certificate of qualifications of the synthetic resilient surfacing installer.
G. Closeout Submittals: Submit the following:
1. Warranty documents specified herein.
H. Sample of Insurance Certificate.
1. Statement signed by the Manufacturer of the synthetic safety surfacing, on letterhead, attesting
that all materials under this section shall be installed by the Manufacturer's employees and that
surfacing installation shall not be performed by anyone other than the Manufacturer.
J. Written Guarantee from Manufacturer against all defects in material and/or workmanship
(specified herein). Safety Surface shall be warranted for labor and materials for a period of no
less than three (3) years. The Surfacing Manufacturer must submit written warranty.
1.06 QUALITY ASSURANCE
A. Qualifications: Utilize an experienced installer of synthetic resilient surfacing system, having
experience with other projects of the scope and scale of the work described in this section.
B. Certifications: Certification by manufacturer that installer, is an approved applicator of the
synthetic resilient surfacing system.
1.07 DELIVERY, STORAGE & HANDLING
A. General: Comply with Division 01 60 00 Product Requirement Section.
B. Delivery: Deliver materials in manufacturer's original, unopened, undamaged containers with
identification labels intact.
C. Storage and Protection: Store materials protected from exposure to harmful environmental
conditions and at a minimum temperature of 40 degrees F (4 degrees C) and a maximum
temperature of 90 degrees F (32 degrees C).
1.08 PROJECT/SITE CONDITIONS
A. Environmental Requirements: Install surfacing system when minimum ambient temperature is 40
degrees F (1 degree C) and maximum ambient temperature is 90 degrees F (32 degrees C). Do
not install in steady or heavy rain.
Synthetic Resilient Surfacing
CITY OF ROSEMEAD PARK PEDESTRIAN TRAIL Section 11.1704
Page 2 of 6
•
1101
Section 11.1704
Synthetic Resilient Surfacing
•
0 a resilient, seamless, porous rubber surface installed over the specified base. The surface shall
1.09 WARRANTY
A. Project Warranty: Refer to Conditions of the Contract for project warranty provisions.
B. Manufacturer's Warranty: Submit, for Owner's acceptance, manufacturer's standard warranty
document executed by authorized company official. Manufacturer's warranty is in addition to, and
not a limitation of other rights Owner may have under contract documents.
1. Warranty Period: pro-rated 5 years from date of completion of work.
2 -PRODUCTS
2.01 MANUFACTURER:
A. ProDek Inc. Rep. Lucy Larios 626-643-5999
Or equal.
2.02.1 MATERIALS FOR WALKWAY
A. COLORED MULCH SYNTHETIC RESILIENT SURFACING SYSTEM
Proprietary Products/System. ProBound colored mulch synthetic resilient surfacing system shall
be a primer 100% Single Component Polyurethane Binding Agent - Methylene Dephenyl
Isocyanate (MDI) based binder. All rubber in system will be of a select quality and consistent
blend of recycled rubber sizings (shredded styrene butadiene rubber - SBR), free from foreign
matter, and 100% single component polyurethane binder to achieve maximum porosity while
forming a resilient surface material. Rubber buffing must be organically colored and tested
successfully for five (5) year color retention. All rubber shall remain consistent in gradation and
size (between 3/8" to 2"). Total surfacing system thickness shall be 1 inches.
B. ProBound shall be poured in place and toweled/rolled to provide for a resilient, seamless, porous
rubber surface installed over the specified base. The surface shall provide for a single layer
system consisting of polyurethane resin mixed with post consumer recycled shredded rubber
material derived from recycled tires. It shall be designed, manufactured and installed to meet the
performance and quality assurance criteria outlined in part 1.02
C. ProBound colored mulch synthetic resilient surfacing system includes the following:
a. Primer:
i. Material: Polyurethane.
b. Basemat:
i. Material: Blend of 100% recycled SBR (styrene butadiene rubber) and
polyurethane.
ii. Thickness: Shall be 1 1/4" (31.75 mm)]
iii. Formulation Components: Blend of strand and granular material.
c. Top Surface:
i. Material: Blend of colored recycled shredded rubber mulch and polyurethane.
ii. Thickness: Shall be Nominal 3/4" (19.05 mm),
iii. Colors: Shall be black, green, beige, gold, brown, and light green. Color
combination in any ratio available.
iv. Wet Static Coefficient of Friction (ASTM D2047): 0.9.
v. Dry Skid Resistance (ASTM E303): 89.
vi. Wet Skid Resistance (ASTM E303): 57.
2.01.2 MATERIALS FOR EXERCISE PADS
A. CAST-IN-PLACE SYNTHETIC RESILIENT SURFACING SYSTEM
Proprietary Products/Systems. ProDek shall be poured in place and toweled/rolled to provide for
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provide for a single layer system consisting of polyurethane resin mixed with post consumer
recycled shredded rubber material derived from recycled tires. It shall be designed, manufactured .
and installed to meet the performance and quality assurance criteria outlined in part 1.02
B. Colors shall be standard color blends consists of 50% EPDM Color (green, blue, terra cotta, tan)
and 50% EPDM Black. All colors to be selected by architect or owner during the submittal
process.
C. ProDek Cast-in-place synthetic resilient surfacing system shall include the following:
a. Primer:
i. Material: Polyurethane.
b. Basemat:
i. Material: Blend of 100% recycled SBR (styrene butadiene rubber) and
polyurethane.
ii. Thickness: [1 1/4" (31.75 mm)] [1 1/2" (38 mm)] [2" (51 mm)] [2 1/2" (64 mm)] [3"
(76 mm)] [3 1/2" (89 mm)] [4" (102 mm)] [5" (127 mm)].
iii. Formulation Components: Blend of strand and granular material.
c. Cast-In-Place Top Surface:
i. Material: Blend of recycled EPDM (ethylene propylene diene monomer) and
polyurethane.
ii. Thickness: Shall be Nominal 1/2" (12.7 mm)
iii. Wet Static Coefficient of Friction (ASTM D2047): 0.9.
iv. Dry Skid Resistance (ASTM E303): 89.
v. Wet Skid Resistance (ASTM E303): 57.
2.03 PRODUCT SUBSTITUTIONS
A. Substitutions: With approval by Owner or owner's representative 10 days prior to bid date.
2.04 MIXES •
A. Required mix proportions by weight:
1. Basemat: 14% polyurethane, 86% rubber.
2. Top Surface: 22% polyurethane, 78% rubber.
3 - EXECUTION
3.01 Installers
A. ProDek, Inc. 4530 Brazil St. Los Angeles, CA 90039
3.02 MANUFACTURER'S INSTRUCTIONS
A. Comply with the instructions and recommendations of the synthetic resilient surfacing
manufacturer.
3.02 EXAMINATION
A. Site Verification of Conditions: Verify that substrate conditions are suitable for installation of the
synthetic resilient surfacing system.
Do not proceed with installation until unsuitable conditions are corrected.
3.03 PREPARATION
A. Finished Grade: Verify that finished elevations of adjacent areas are as indicated on the
drawings, that the appropriate sub-grade elevation has been established for the particular safety •
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• surface to be installed, and that the subsurface has been installed in a true, even plane, and
sloped to drain as indicated in drawings.
B. Subsurface Type: Shall be concrete slurry.
1. Subsurface Tolerance: Concrete within 1/8 inch (3.0 mm) in 10 feet (3050 mm).
C. Surface Preparation: Using a brush or short nap roller, apply primer to the substrate perimeter,
curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal (7.5 m2/L).
3.04.1 PROBOUND INSTALLATION
A. Components of the safety surface system shall be mixed on site in a rotating tumbler to ensure
components are thoroughly mixed and are in accordance with manufactures recommendations.
B. Primer Application: Using a brush or short nap roller, apply primer to the subsurface of the
concrete perimeter and any adjacent vertical barriers such as curbs or sidewalk slabs that will
contact the surfacing system. Apply primer to subsurface in small quantities so that impact course
can be applied before adhesive dries.
C. ProBound Installation: The buffing mix shall be spread, by means of trowel or roller, in a
consistent density to specified thickness as specified herein.
D. Allow surface to cure for a minimum of 48-72 hours.
E. At the end of the minimum curing period, verify that the surface is sufficiently dry and firm to allow
foot traffic and use without damage to the surface.
F. Do not allow foot traffic or use of the surface until it is sufficiently cured.
G. Edges - Surface edges shall be flush with edge of adjacent area or tapered to provide safe
transition. Surface shall be sloped to drain as indicated on plans.
H. Large Areas - All areas in excess of 2,000 sq. ft. or that require adjacent color pours will have a
cold joint or seam due to the nature of the installation process.
• 3.04.2 PRODEK INSTALLATION
A. Do not proceed with synthetic resilient surfacing installation until all applicable site work, including
substrate preparation, fencing, and other relevant work, has been completed.
A. Basemat Installation:
1. Using screeds and hand trowels, install the basemat at a consistent density of 29
pounds, 1 ounce per cubic foot (466 kg/m3) to the specified thickness.
2. Allow basemat to cure for sufficient time so that indentations are not left in the basemat
from applicator foot traffic or equipment.
3. Do not allow foot traffic or use of the basemat surface until it is sufficiently cured.
B. Primer Application: Using a brush or short nap roller, apply primer to the basemat perimeter,
curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal (7.5 m2/L).
C. Top Surface Installation:
1. Using a hand trowel, install top surface at a consistent density of 58 pounds, 9 ounces
per cubic foot (938 kg/m3) to a nominal thickness of 1/2" (12.7 mm).
2. Allow top surface to cure for a minimum of 48 hours.
3. At the end of the minimum curing period, verify that the top surface is sufficiently dry and
firm to allow foot traffic and use without damage to the surface.
E. Do not allow foot traffic or use of the surface until it is sufficiently cured.
3.05 PROTECTION
A. Surface installation crew shall be responsible for the protection of ProBound and Prodek surfaces
only during the installation process. Owner and/or Owner's Representative shall be responsible
for the protection/security of the ProBound and Prodek surfaces, against pedestrian foot traffic,
vandalism, and other construction trades, during the crew's off hours and 48-72 hour curing
. period upon completion of the installation.
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B. Any damage to the ProBound or ProDek surfaces shall be repaired at the Owner's and/or Owner
Representative's expense. 0
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