NIB 2023-12 - RES STREET RESURFACING AND CONCRETE IMPVMTS - BID PACKAGE COMBINED (1)
CITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
FISCAL YEAR 2023-2024
A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT*
IN THE CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
8838 E. VALLEY BOULEVARD
ROSEMEAD, CA 91770
TELEPHONE: (626) 569-2150 FAX: (626) 307-9218
BIDS DUE: [NOVEMBER 28TH, 2023] AT [10:30A.M.]
*THIS PROJECT IS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
FISCAL YEAR 2023-2024
TABLE OF CONTENTS
BIDDING DOCUMENTS
1. Notice Inviting Bids ……………………………………………………NIB-1 - NIB-2
2. Instructions to Bidders……………………………………………...........ITB-1 - ITB-9
3. Contract Bid Forms……………………………………………………CBF-1 - CBF-18
CONTRACT AGREEMENT
1. Contract Agreement and Insurance Requirements
2. Performance Bond
3. Payment Bond
CONTRACT APPENDIX
Part "A" General Provisions…………………………………..GP-1 – GP-34
Part "B" Supplemental General Conditions………………….GC-1 – GC-10
Part "C" Technical Provisions……………………………..…TP-1 – TP-1
Part “D” Appendix
Appendix A – Federal Requirements
Appendix B – Residential Street Resurfacing and Striping Plans
Appendix C – Standard Plans (from SPPWC 2021 Edition &
CALTRANS)
Appendix D – Concrete Improvements - Location Index
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements Project No. 21035
CITY OF ROSEMEAD
NOTICE INVITING BIDS
NIB No. 2023-12
NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive
electronic bids through PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home OR
sealed bids at the City Clerk’s office, City Hall, 8838 Valley Blvd, Rosemead, CA 91770 up to 10:30
o’clock a.m. on Tuesday, the 28th day of November, 2023. Electronic and hardcopy bids will be
publicly posted on PlanetBids and City’s website after bid deadline.
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
Bidders shall attend a mandatory pre-bid meeting to acquaint Bidders with the contract
requirements and site conditions that may affect the work. The mandatory pre-bid meeting will be
held virtually on Wednesday, November 15th, 2023, at 1:00 P.M. The City will only consider Bids
submitted by those Bidders who attend the Mandatory Pre-Bid Meeting. All other bids will be
considered non-responsive and subject to rejection. Below is virtual meeting (via Zoom) access
information:
Click on the following link to join the call:
https://us06web.zoom.us/j/88359313949?pwd=kp8KwkRaQ1dav3OvTJmahmAdcmRRFs.1
Or dial the following number to join the call: 669 900 6833
Meeting ID: 883 5931 3949
Passcode: 770
The project consists of coldmill and overly of existing AC Pavement, adjusting manhole covers, water
valve covers, and gas covers to grade. The project also consists of concrete improvements to be made
within the roadway segments that will be resurfaced including removal and replacement of broken curb
and gutter, ADA curb ramps, etc., per bid schedule. Project also includes removal and replacement of
raised pavement markers, and roadway striping as well as miscellaneous work as indicated on the
construction plans, including other incidental and appurtenant work necessary for the proper completion
of the project as indicated in the appendix and other related work as described in the plans and
specifications.
The engineer’s estimate for this project is in the range of $2,200,000. The successful bidder shall have
THIRTY (40) working days to complete the work. Liquidated damages shall be $500.00 per calendar
day.
Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained from the
City’s PlanetBid portal. Contractors can register as a vendor and download the documents by visiting
the PlanetBid Portal (https://pbsystem.planetbids.com/portal/54150/portal-home). Hard copy of the
bid package will not be mailed.
SB 854 Requirements:
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City of Rosemead, California Residential Street Resurfacing and Concrete Improvements Project No. 21035
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This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be
listed on a bid proposal for a public works project unless registered and qualified with the Department
of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor
may be awarded a contract for public work on a public works project unless registered and qualified
with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations. The
bid proposal must include a print out from the DIR registration website showing that the prime
contractor and each subcontractor is currently registered and qualified. No bid proposals will be
accepted nor any contract entered into with a prime contractor without proof of registration as required
above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor
Code Section 1771.1(a)]
Each bid must be accompanied by a bidder’s security in an amount not less than 10% of the amount
of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory
agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total
amount of the bid price.
No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date.
FEDERAL CONTRACT PROVISIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT
Davis-Bacon Act and Copeland Anti-Kickback" Act.:
This contract will be funded in whole or in part with federal housing and community development
funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-
Bacon and Related Acts will be enforced. To the extent this Contract is for construction services in
excess of $2,000, the CONTRACTOR agrees at all times during the term of this Contract to comply
with and abide by: (i) the terms of the Davis-Bacon Act(codified at 40 U.S.C. § 3141 et seq., as
supplemented by regulations at 29 CFR Part 5), and that such terms and regulations are a part of this
Contract and incorporated herein by this reference; and (ii) the terms of the Copeland "Anti-Kick
Back" Act ( codified at 40 U.S.C. § 3145 et seq., as supplemented by 29 CFR 3), and that such terms
and regulations are a part of this Contract and incorporated herein by this reference.
This project is a public work in the State of California, funded in whole or in part with public funds.
Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced.
The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et
seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages
and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file
at the City Clerk’s office, and is also available online at http://www.dir.ca.gov/dlsr/.
Apprenticeship Program:
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8,
California Administrative code, Section 200 et seq. to ensure compliance and complete understanding
of the law regarding apprentices.
Section 3 Statement:
To the extent this Project is funded in excess of $200,000, Section 3 regulations are required. Found
under 24 CFR Part 75, the purpose of Section 3 is to ensure that employment and other economic
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements Project No. 21035
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opportunities generated by HUD financial assistance are, to the greatest extent feasible, directed to
low- and very low-income persons, particularly those who are recipients of government assistance
for housing.
Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, to the extent this Contract meets the definition
of a "federally assisted construction contract" as set forth in 41 CFR Part 60-1.3, the CONTRACTOR
agrees at all times during the term of this Contract to comply with and abide by the following: (i) that
the equal opportunity clause ("Equal Opportunity Clause") is part of this Contract and incorporated
herein by this reference in 41 CFR 60-1.4(b) in accordance with Executive Order 11246, “Equal
Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended
by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment
Opportunity,” and (ii) the regulations implementing the Equal Opportunity Clause at 41 CFR Part 60
and that such implementing regulations are a part of this Contract and incorporated herein by this
reference.).
Debarment and Suspension Certification:
The Contractor certifies that neither Contractor nor any of Contractor's agents, sub-contractors or
employees who may perform services under this contract are debarred, suspended or excluded from
participation in any federal assistance programs in accordance with Executive Orders 12549 and
12689 and its implementing guidelines. The Contractor agrees to immediately notify the Federal
awarding agency if the Contractor or any of the Contractor's agents, sub-contractors or employees
who may perform services under this contract become debarred, suspended or excluded from
participation in federal assistance programs or federal contract transactions.
Contract Work Hours and Safety Standards Act:
To the extent this Contract is in excess of $100,000 and involves the employment of mechanics or
laborers, the Contractor agrees at all times during the term of this Contract to comply with and abide
by
the terms of the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq.,
as supplemented by regulations at 29 CFR Part 5, and that such terms and regulations are a part of
this Contract and incorporated herein by this reference.
Byrd Anti-Lobbying Amendment Certification:
To the extent this Contract is in excess of $100,000, the CONTRACTOR certifies that neither the
CONTRACTOR nor any of the CONTRACTOR's agents, sub-contractors or employees who may
perform services under this Agreement have not used and will not use any Federally appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. The CONTRACTOR agrees to immediately notify the Federal awarding
agency if the CONTRACTOR or any of the CONTRACTOR's agents, sub-contractors or employees
who may perform services under this Agreement influence or attempt to influence any officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352.
Conflict of Interest:
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements Project No. 21035
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In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict
of interest provisions in 2 CFR 200.112 and 24 CFR 570.611, respectively, shall apply. No employee,
officer or agent of the subrecipient shall participate in selection, or in the award or administration of
a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently
have, nor will it acquire during the term of this Agreement, any interest direct or indirect, by contract,
employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder
holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business
or business entity that has entered into any contract, subcontract or arrangement with the City. Upon
execution of this Agreement and during its term, as appropriate, the Contractor shall disclose in
writing to the City any other contract or employment during the term of this Agreement by any other
persons, business or corporation in which employment will or may likely develop a conflict of interest
between the City’s interest and the interests of the third parties.
The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, disability, sex or national origin in the consideration for an
award.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor
Code. Compliance with the prevailing rates of wage and apprenticeship employment standards
established by the State Director of Industrial Relations will be required.
Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business
and Professions Code of the State of California. Bidder shall have a Class “A” or Class “C-8” license
in good standing at the time Bids are received.
The Council reserves the right to reject any and all bids and to waive any informality, technical
defect, or minor irregularity in any bid submitted.
An award of service shall not be final until the bids have been reviewed and a Contract Agreement
with the City has been signed by the lowest responsible bidder and by the City.
Award of Contract Agreement is proposed for December 12th, 2023.
This project is funded in part by the U.S. Department of Housing and Urban Development (“HUD”).
Consistent with federal regulations found in 24 CFR 135, participation on this contract is applicable
to “Section 3” requirements pursuant to 24 CFR 135.3(d). Bidders shall refer to the Instructions to
Bidders for additional information regarding “Section 3” requirements.
Dated this October 31st, 2023
________________________________
Ericka Hernandez
City Clerk
Publish: November 2nd & November 9th, 2023.
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
FISCAL YEAR 2023-2024
INSTRUCTION TO BIDDERS
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
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INSTRUCTIONS TO BIDDERS
All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted,
capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix.
All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have
meanings as defined therein.
1. AVAILABILITY OF BID DOCUMENTS
Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for
the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may
be obtained from the City’s PlanetBid portal. Contractors can register as a vendor and download the
documents by visiting the PlanetBid Portal (https://pbsystem.planetbids.com/portal/54150/portal-home).
Hard copy of the bid package will not be mailed.
2. EXAMINATION OF BID DOCUMENTS
The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely
responsible for examining the Project Site and the Bid Documents, including any Addenda issued during
the bidding period, and for informing itself with respect to local labor availability, means of transportation,
necessity for security, laws and codes, local permit requirements, wage scales, local tax structure,
contractors' licensing requirements, availability of required insurance, and other factors that could affect
the Work. Bidders are responsible for consulting the standards referenced in the Contract titled
Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for
error or omission will be given except as required under State law.
3. INTERPRETATION OF BID DOCUMENTS
Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by
Bidder via email or facsimile to the Owner’s Project Engineer. Any response that the Owner may choose
to make for purposes of interpretation or clarification, will be in writing and made available to all the listed
holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries
received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole
judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires
a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents.
The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of
the Bid Documents.
The bidding process and terms and conditions will be in strict accordance with the following Bid
Documents:
a. Notice Inviting Bids
b. Instructions to Bidders
c. Contract Bid Forms
d. Contract
e. Contract Appendix
Part “A" - General Conditions
Part "B" - Supplementary General Conditions
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
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Part "C" - Technical Provisions
Part "D" - Appendix
f. Any Addenda Issued by the Owner
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site
(which may include more than one site), as well as those relating to the construction and labor of the Project,
to fully understand the facilities, difficulties and restrictions which may impact the total and adequate
completion of the Project. Bidders shall attend a mandatory pre-bid meeting to acquaint Bidders with the
contract requirements and site conditions that may affect the work. The mandatory pre-bid meeting will be
held virtually on Wednesday, November 15th, 2023, at 1:00 P.M. The City will only consider Bids
submitted by those Bidders who attend the Mandatory Pre-Bid Meeting. All other bids will be considered
non-responsive and subject to rejection. See virtual meeting details as listed on NIB -1.
5. ADDENDA
The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any,
shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues
an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires
material changes, additions or deletions to the description of the work to be performed or the content, form
or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72
hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the
date set for opening bids be postponed. The announcement of the new date, if any, shall be made by
Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which
Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the
Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other
proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and
provided such current information. Please Note: Bidders are primarily and ultimately responsible for
ensuring that they have received any and all Addenda. To this end, each Bidder should contact the
Development Services Department to verify that he has received all Addenda issued, if any.
Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt
of all Addenda may cause its Bid to be deemed incomplete and nonresponsive.
6. PREPARATION OF BIDS
Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The
use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will
not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by
an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all
blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or
erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter
on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A
TYPEWRITER IS REQUIRED.
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
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7. ALTERNATE BIDS
If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the
basis of the base bid only, but the Owner may choose to award the contract on the basis of the base
bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate
bid items has already been factored into the Contract Time, no additional Contract Time will be awarded
for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid
items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure
that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will
be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one
or more particular bid items.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each
Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in
accordance with the instructions herein.
Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive
and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the
Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR
MODIFICATIONS WILL NOT BE CONSIDERED.
9. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked
to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of
Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any
Contract arising therefrom.
If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney
executed by each joint venture or partner appointing and designating one of the joint ventures or partners
as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall
execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to
act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall
be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid
and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or
partner on behalf of the joint venture or partnership in its legal name.
10. BID GUARANTEE (BOND)
Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be
submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as
authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid
Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a
guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work
and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and
endorsements, and any other certifications as may be required by the Contract. By submitting a proposal,
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
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each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and
other information or documentation described above would result in damage to the Owner, and that it would
be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each
bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is
awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other
information or documentation described above, except as may otherwise be required by California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in
the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the
form furnished by the Owner, or one substantially in conformance with the Owner's form if previously
approved in writing by the Owner.
Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent
national bank.
After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract,
submitted the necessary bonds, original insurance certificates and endorsements, and any other
certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each
particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all
Bidders their Bid guarantees
11. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents herein have been completed and signed as set forth above, they
shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials
required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid
to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL,
TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the
following in the lower left-hand corner thereof:
Bid of (Insert Name of the Company)
for RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
No consideration shall be given by the Owner to bid proposals received after the date and time set for the
opening of bids as provided in the Notice Inviting Bids.
Alternatively, bids can be submitted electronically through PlanetBids at:
https://pbsystem.planetbids.com/portal/54150/portal-home
12. DELIVERY AND OPENING OF BIDS
Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time
shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any
such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its
Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated.
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
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Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will
be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves
the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such
waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids
received. In the event of a discrepancy between the written amount of the Bid Price and the numerical
amount of the Bid Price, the written amount shall govern.
13. WITHDRAWAL OF BID
Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed
by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or
refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the
time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash,
cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the
Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner
because of the damage resulting from the delay in the execution of the Contract and in the performance of
Work thereunder.
14. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City
Council will make all necessary decisions and awards. The apparent successful bidder should at this point
begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the
required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful
bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the
required documents and certifications. Regardless whether the successful bidder supplies the required
documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working
Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and
executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed
to that successful bidder.
15. DESIGNATION OF SUBCONTRACTORS
Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will
perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent
(0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform.
Bidders must make these designations, as well as any others requested by the Owner, on the document titled
"List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public
Contract Code Section 4104, the Owner has determined that it will allow Bidders twentyfour (24) additional
hours after the deadline for submission of bids to submit the information requested by the Owner about
each subcontractor, other than the name and location of each subcontractor.
16. LICENSING AND REGISTRATION REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract
Code, all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5
of the Labor Code, all bidders must be registered with the Department of Industrial Relations to be qualified
to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
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subcontracted and be registered with the Department of Industrial Relations. Pursuant to Section 7028.5 of
the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently
licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be
nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the
Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid
license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the
Contract.
17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm,
corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials
to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders
submitting a bid to the Owner.
18. INSURANCE REQUIREMENTS
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four
identical counterparts of all required insurance certificates and endorsements as specified in the Bid
Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid
Guarantee. All insurance is to be placed with insurers with a current A.M. Best’s rating of no less than
A:VIII, licensed to do business in California, and satisfactory to the Owner.
19. REQUIRED BIDDER CERTIFICATIONS
Bidders must comply with the following:
A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to
various information, including but not limited to, the accuracy of the representations made in the Contract
Bid Forms.
B. NON-COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each
Bidder must execute and submit with its bid the statutorily mandated non-collusion affidavit included in the
Bid Documents.
20. BASIS OF AWARD; BALANCED BIDS
The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as
required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid
which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not
accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or
exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must
ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses
which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly
weights or allocates overhead and profit to one or more particular bid items.
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
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21. FILING OF BID PROTESTS
Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's
protest to be considered valid, the protest must:
A. Be filed in writing within five (5) Working Days after the bid opening date.
B. Clearly identify the specific accusation involved.
C. Clearly identify the specific Owner Staff/Board recommendation being protested.
D. Specify, in detail, the grounds of the protest and the facts supporting the protest.
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each and every one of these requirements, it will be rejected as invalid.
If the protest is valid, the Owner's Project Manager, or other designated Owner staff member, shall review
the basis of the protest and all relevant information. The Project Manager will deny or concur with the
protest and provide a written decision to the protestor. The protestor may then appeal the decision of the
Project Manager to the City Engineer then the appeal at the City Council. That way, the Council can deny
the protest and approve the project at the same hearing.
22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded
shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the
form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion
of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in
the State of California and satisfactory to the Owner.
The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment
Bond shall also be for one hundred percent (100%) of the Total Bid Price.
Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor
and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and
Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify
this requirement for subcontractor bonds in his written or published request for subcontractor bids
23. EXPERIENCE AND TECHNICAL REQUIREMENTS
Bidders are required to provide the experience and qualification information required as part of the Contract
Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine
whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder
shall answer all questions and provide information requested by the Contract Bid Forms.
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay California
sales and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
ITB - 8
authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the
Bid Documents.
25. EXECUTION OF CONTRACT
The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and
furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds,
in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract
and the bonds for both the Bidder and its surety or sureties are duly empowered to do so.
26. OWNER RIGHTS
The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of
information furnished by a Bidder, and require additional evidence of qualifications to perform the work
described in these Bid Documents. The Owner reserves the right to:
A. Reject any or all of the Bids if such action is in the best interest of the Owner.
B. Issue subsequent Notices Inviting Bids.
C. Cancel this entire Notice Inviting Bids.
D. Appoint evaluation committees to review any or all Bids.
E. Seek the assistance of outside technical experts to validate the Bid(s).
F. Approve or disapprove the use of particular subcontractors.
G. Waive informalities and irregularities in Bids.
The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner
to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract.
27. BIDDER'S RESPONSIVENESS
The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A
Bid must be in strict compliance with the commercial and technical specifications, without exception. Only
Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not
meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and
returned to the Bidder's representative.
28. BIDDER'S RESPONSIVENESS CHECKLIST
The Owner's initial responsiveness evaluation will consider the following:
A. Completed and properly executed Bid Letter (Including a completed Total Bid Price,
completed Bid Bond amount, acknowledged addenda, completed state of incorporation or
partner/joint venturer information (if applicable), completed license number, and signature
by authorized company officer);
B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of
the Total Bid Price and a completed List of Proposed Subcontractors);
C. Properly executed Non-Collusion Affidavit; and
D. Completed and properly executed Bidder Information Forms.
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
ITB - 9
If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms,
if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary.
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
A. Contract Bid Forms.
The Bid Letter and Forms must be completed as set forth below.
(1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or
a typewriter.
(2) The Bid Letter must be signed by the Bidder or on its behalf by the person or
persons having the authority to do so. Proof of the authority to act on behalf of the
firm must be submitted when requested. The proof shall be in the form of a
certified copy of an appropriate corporate resolution, certificate of partnership or
joint venture, or other appropriate document. If Bidder is an entity made up of
multiple parties and no person or persons are designated to act on its behalf, all
parties shall execute the Bid.
(3) Addenda - Receipt of addenda must be acknowledged in the space provided in the
Bid Letter.
(4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on
the printed matter of the Contract Bid Forms or Bid Letter.
(5) Corrections shall be initialed by the person who signs the Bid Letter.
(6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any
comment by the Bidder which the Owner determines can be construed as altering
the requirements of the specifications or the terms and conditions of the Contract
will render the Bid nonresponsive and disqualify the Bidder from consideration for
award.
B. List of Proposed Subcontractors (Forms).
State law prohibits substitution of subcontractors listed in the original Bid except as otherwise
provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required
to list all Subcontractors whose participation in the Contract will exceed one-half of one percent
(0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as
set forth below.
(1) Name. List the name of Subcontractors who will perform work in excess of one
half of one percent (0.5%) of the Total Bid Price.
(2) Location. For listed Subcontractors, identify the location of its place of business
(City and State).
(3) Work. For listed Subcontractors, identify the type/portion of work to be performed
in the Contract.
City of Rosemead, California Residential Street Resurfacing and Concrete Improvements, Project No. 21035
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(4) Contractor License Number. For listed Subcontractors, list the contractor license
number issued to the Subcontractor by the California Contractors State License
Board.
(5) Registration with Department of Industrial Relations. For listed Subcontractors,
include evidence of registration with the Department of Industrial Relations as
required by Section 1725.5 of the Labor Code.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders
twenty-four (24) additional hours after the deadline for submission of bids to submit the information
requested by the Owner about each subcontractor, other than the name and location of each subcontractor.
30. RESPONSIBILITY CRITERIA
Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of
the Contract. The Owner reserves the right to consider the financial responsibility and general competency
of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder
shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and
income statement. Owner expects that each Bidder will fully and truthfully disclose all information required
of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as
being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it:
A. Has or can secure adequate financial resources to perform the contract;
B. Is able to meet the performance or delivery schedule of the contract, taking into
consideration other business commitments; and
C. Has a satisfactory record of performance. A contractor seriously deficient in current
contract performance, considering the number of contracts and extent of the deficiencies,
is presumed not to meet this requirement unless the deficiencies are beyond its control or
there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence
of such satisfactory performance record should show that the contractor:
(1) Has a satisfactory record of integrity in its dealings with government agencies and
with subcontractors, and is otherwise qualified to receive an award under
applicable laws and regulations;
(2) Has the necessary organization, experience, satisfactory safety record, accounting
and operational controls and technical skills or the ability to obtain them; and
(3) Has the necessary production, construction, and technical equipment and facilities
or the ability to obtain them.
END OF INSTRUCTIONS TO BIDDERS
BIDDER: ________________________
CBF - 1
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
CONTRACT BID FORMS
SECTION 1 - BID SCHEDULE
BIDDER: ________________________
CBF - 2
BASE BID SCHEDULE
SCHEDULE OF PRICES FOR
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
BASE BID SCHEDULE
Bid
Item Description Qty Unit Unit Cost Total Cost
1
Remove existing and construct new PCC curb and gutter, as
listed per Sheet 1-2 of Appendix D: Concrete Improvements
Location Index and per SPPWC, Std. Plan No: 120-3, A2-8,
complete and in place.
2,800 LF $_________ $____________
2
Remove existing and construct new PCC ADA curb ramps as
listed per Sheet 3 of Appendix D: Concrete Improvements
Location Index and per SPPWC, Std. Plan No: 111-5. Case
and type is to be determined by City representative.
11 EA $_________ $____________
3
Cold-mill 1.5” existing asphalt concrete and construct 1.5” AC
(wearing course shall be C PG 64-10). Work limits are shown
on the Plans. Work includes crack sealing. This bid item
applies to Pavement Type 1, as listed per project plans.
860,000 SF $_________ $____________
4
Full Depth Localized Asphalt Concrete Patch. Work includes
remove existing AC pavement section to 7” depth. Construct
3” AC Type C2-PG 64-10 over 4" Type B-PG 64-10 over 8"
scarified and compacted subgrade.
20,000 SF $_________ $____________
5 Adjust manhole covers to grade, complete and in place. 125 EA $_________ $____________
6 Adjust water/gas valves to grade, complete and in place. 130 EA $_________ $____________
7
Remove existing pavement markings and striping including
raised pavements markers and install pavement markings &
striping including raised pavement markers.
1 LS $_________ $____________
8 Furnish and Install Construction Project Information and
Funding Identification Sign. 2 EA $_________ $____________
TOTAL BASE BID SCHEDULE A AMOUNT IN NUMBERS $
TOTAL BASE BID AMOUNT IN WORDS: _______________________________________
The award of Contract shall be based on the TOTAL BASE BID SCHEDULE only. The ADDITIVE
ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE below will
not be taken into account in determining the lowest responsible bidder. City may add bid items from
the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as
part of the performance of the contract.
BIDDER: ________________________
CBF - 3
TOTAL ADDITIVE ALTERNATE BID SCHEDULE AMOUNT IN WORDS: ________________
The award of Contract shall be based on the TOTAL BASE BID SCHEDULE AMOUNT only.
The ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID
SCHEDULE will not be taken into account in determining the lowest responsible bidder. City
may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and
complete discretion of the City as part of the performance of the contract.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended
amounts, and words shall govern over figures.
Full compensation for the items listed to the
right as Items A, B, C, D and E are considered
as inclusive in each Bid Item listed above in
the Base Bid Schedule and Additive Alternate
Bid Schedule as applicable, and no additional
and/or separate compensation will be allowed.
A. Mobilization / Demobilization
B. Traffic Control
C. NPDES, WWECP, and Best Management
Practices (BMPs), Public Convenience and
Safety
D. Construction Staking by Land Surveyor
E. Clearing and Grubbing
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses,
taxes, royalties and any and all other incidental costs to complete the project, in compliance
with the Bid and Contract Documents and all applicable codes and standards.
The City reserves the right to add, delete, increase or decrease the amount of any quantity
shown and to delete any item from the contract and pay the contractor at the bid unit prices so
long as the total amount of change does not exceed 25% (plus or minus) of the total bid
amount for the entire project. If the change exceeds 25%, a change order may be negotiated to
adjust unit bid prices.
ADDITIVE ALTERNATE BID SCHEDULE
Bid Item Description Quantity Unit Unit Cost Total Cost
Add A.1
Remove existing and construct new PCC Sidewalk, 4”
thick, as listed per Sheet 4-5 of Appendix D: Concrete
Improvements Location Index and per SPPWC, Std. Plan
No. 112-2 & 113-2, complete and in place.
7,350 SF $ $
Add A.2
Remove existing and construct new PCC gutter/cross
gutter, as listed per Sheet 6 of Appendix D: Concrete
Improvements Location Index and per SPPWC, Std. Plan
No: 122-3 & 123-3. Work shall include AC slot patch
(reconstruction of 1 Foot Strip X 8" Deep of AC Pavement
Section).
6,000 SF $ $
TOTAL ADDITIVE ALTERNATE BID SCHEDULE AMOUNT IN NUMBERS $
BIDDER: ________________________
CBF - 4
All other work items not specifically listed in the bid schedule, but necessary to complete the
work per bid and contract documents and all applicable codes and standards are assumed to be
included in the bid prices.
A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to
calculate total bid amount, and that final compensation under the contract will be based upon
the actual quantities of work satisfactorily completed.
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which
cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from
and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and
a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy
between the written amount of the Bid Price and the numerical amount of the Bid Price, the written
amount shall govern.
Attached hereto is a certified check, a cashier's check or a bid bond in the amount of
__________________ Dollars ($__________________) said amount being not less than ten
percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained
by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required
bonds, certificates and endorsements of insurance and other certifications within the time provided.
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award
for the Contract, and will deliver to the Owner within that same period the necessary original
Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all
other documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidder’s California contractor’s license(s) in good standing; (2)
evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract
resulting therefrom; and (3) any other information and documentation, financial or otherwise,
needed by Owner to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts
of five hundred dollars ($500.00) per calendar day if project is not completed within the working
days specified on the Notice Inviting Bids. The Contract Time will begin to run ten (10) Working
Days from the date of the Notice of Proceed and subject to the terms and conditions described in
the Contract Form and the Contract Documents.
BIDDER: ________________________
CBF - 5
Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be
incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder
further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data
submitted herewith into a contract arising out of this Bid.
EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
The Bidder declares that he/she has carefully read and examined the project plans, specifications,
bid documents, and he/she has made a personal examination of the site (indicate name of the
person, representing the bidder, who inspected the site and date below) and that he/she understands
the exact scope of the Project.
Name of Person who inspected the site: ________________________________
Date of Inspection: ________________________________
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in
this Proposal:
Addendum No.___________________ Dated ________________
Addendum No.___________________ Dated ________________
Addendum No.___________________ Dated ________________
Addendum No.___________________ Dated ________________
BIDDER: ________________________
CBF - 6
PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby
declares
under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been
convicted
within the preceding three years of any offenses referred to in that section, including any charge of fraud,
bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection
with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract
Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the
Regents of the University of California or the Trustees of the California State University. The term "bidder"
is understood to include any partner, member, officer, director, responsible managing officer, or responsible
managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of
perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the
bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
BIDDER: ________________________
CBF - 7
PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal court has been
issued against the Contractor within the immediately preceding two-year period because of the Contractor's
failure to comply with an order of a federal court which orders the Contractor to comply with an order of the
National Labor Relations Board
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
BIDDER: ________________________
CBF - 8
By: _____________________________ _____________________________
Signature Business Street Address
_____________________________ _____________________________
Type or Print Name City, State and Zip Code
_____________________________ _____________________________
Title Telephone Number
Bidder's/Contractor's State of Incorporation: _____________________________________
Partners or Joint Venturers:
__________________________________________
__________________________________________
__________________________________________
Bidder’s License Number(s): ___________________________________________
Department Industrial Relations
Registered No. ____________________________________________
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of
the representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be
required to provide evidence that the person signing on behalf of the
corporation, partnership or joint venture has the authority to do so.
BIDDER: ________________________
CBF - 9
SECTION 2
BID DATA FORMS
BIDDER: ________________________
CBF - 10
Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide
the information required. Bidder shall ensure that every page of its Bid Data Forms are properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT __________________________________________________________,
as Principal, and ____________________________________________________
______________________________, as Surety, are held firmly bound unto the
CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of
__________________________________________________________________
________________________________________________________DOLLARS
($______________________), being not less than ten percent (10%) of the Total
Bid Price; for the payment of which sum will and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work
required for the RESIDENTIAL STREET RESURFACING AND
CONCRETE IMPROVEMENTS –as set forth in the Notice Inviting Bids and
accompanying Bid Documents, dated ______________________.
NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the
OWNER and, within the time and in the manner required by the above- referenced
Bid Documents, enters into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance
and the other to guarantee payment for labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as
may be required by the Contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. In the event suit is brought upon
this bond by the OWNER and judgment is recovered, said Surety shall pay all costs
incurred by the OWNER in such suit, including reasonable attorneys' fees to be
fixed by the court.
SIGNED AND SEALED, this _______ day of __________________, 20____.
_______________________________(SEAL) ______________________(SEAL)
Principal Surety
By: ________________________ By: ____________________________
Signature Signature
BIDDER: ________________________
CBF - 11
2.B LIST OF PROPOSED SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100
through 4114 of the California Public Contract Code, and any amendments thereto, each
Bidder shall provide the information requested below for each subcontractor who will
perform work, labor or render service to Bidder in or about the construction of the Work
in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total
Bid Price, or, in the case of bids or offers for the construction of streets or highways,
including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten
thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of
the Work which will be done by each subcontractor. Bidder shall list only one
subcontractor for any one portion of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to
submit the information requested by the Owner about each subcontractor, other than the
name and location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed
under the Contract, it shall be deemed to have agreed to perform such portion itself, and
shall not be permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion of the Work in excess of one half of one percent
(greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the
construction of streets or highways, including bridges, in excess of one-half of 1 percent of
the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which
no subcontractor was designated in the original bid shall only be permitted in cases of
public emergency or necessity, and then only after Owner approval.
BIDDER: ________________________
CBF - 12
2.B LIST OF PROPOSED SUBCONTRACTORS (continued)
[**Duplicate Next 2 Pages if needed for listing additional subcontractors.**]
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:________________________________________________
Address:______________________________________________
License No.: ___________________________________________
Department of Industrial Relation Registration No.______________
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:_______________________________________
Address:______________________________________
License No.: ___________________________________________
Department of Industrial Relation Registration No.______________
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:_______________________________________
Address:______________________________________
License No.: ___________________________________________
Department of Industrial Relation Registration No.______________
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:_______________________________________
Address:______________________________________
License No.: ___________________________________________
Department of Industrial Relation Registration No.______________
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:_______________________________________
Address:______________________________________
License No.: ___________________________________________
Department of Industrial Relation Registration No.______________
BIDDER: ________________________
CBF - 13
2.C REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which
BIDDER has performed similar work within the past two (2) years:
1.
___________________________________________________________________________
Name and Address of Owner
______________________________________________________________________________
Name and telephone number of person familiar with project
______________________________________________________________________________
Contract amount Type of Work Date Completed
2.
________________________
______________________________________________________________________________
Name and Address of Owner
______________________________________________________________________________
Name and telephone number of person familiar with project
______________________________________________________________________________
Contract amount Type of Work Date Completed
3.
___________________________________________________________________________
Name and Address of Owner
______________________________________________________________________________
Name and telephone number of person familiar with project
______
________________________________________________________________________
Contract amount Type of Work Date Completed
BIDDER: ________________________
CBF - 14
4.
____
_______________________________________________________________________
Name and Address of Owner
______________________________________________________________________________
Name and telephone number of person familiar with project
__
____________________________________________________________________________
Contract amount Type of Work Date Completed
BIDDER: ________________________
CBF - 15
SECTION 3
NON-COLLUSION AFFIDAVIT
BIDDER: ________________________
CBF - 16
NON-COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
sworn, deposes and says that he or she holds the position listed below with the bidder, the
party making the foregoing bid, that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation;
that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not
in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid,
and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or
sham bid.
_______________________________
Signature
_______________________________
Typed or Printed Name
_______________________________
Title
_______________________________
Bidder
Subscribed and sworn before me
This ____ day of _______________________, 20____
(Seal)
_____________________________
Notary Public in and for
the State of California
My Commission Expires: ______________
CONSTRUCTION CONTRACT
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT
(COMPANY NAME)
1. PARTIES AND DATE
This Contract is made and entered into this ______ day of ______________,
20____ (Effective Date) by and between the City of Rosemead, a municipal corporation of
the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770,
(“City”) and COMPANY NAME with its principal place of business at COMPANY
ADDRESS (hereinafter referred to as “Contractor”). City and Contractor are sometimes
individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS
2.1 Contractor
Contractor desires to perform and assume responsibility for the RESIDENTIAL
STREET RESURFACING AND CONCRETE IMPROVEMENTS PROJECT by the City on
the terms and conditions set forth in this Contract. Contractor represents that it is
experienced in providing such work services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the Services in the State
of California, and that is familiar with the plans of City.
2.2 Project
City desires to engage Contractor to render such services described herein as
Project (“Project”) as set forth in this Contract.
3. TERMS
3.1 Scope of Services and Term
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional construction
services necessary for the Project (“Services”). The Services are more particularly
described in Exhibit “A” attached hereto and incorporated herein by reference. All Services
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shall be subject to, and performed in accordance with, this Contract, the exhibits attached
hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations.
3.1.2 Term. The term of this Contract shall be from Effective Date shown
above to Month, Date and Year unless earlier terminated as provided herein. Contractor
shall complete the Services within the term of this Contract, and shall meet any other
established schedules and deadlines. The Parties may, by mutual, written consent, extend
the term of this Contract if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Contract. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Contract. Any additional personnel performing the
Services under this Contract on behalf of Contractor shall also not be employees of City
and shall at all times be under Contractor’s exclusive direction and control. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Contract and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services: Contractor shall perform the Services
expeditiously, within the term of this Contract, and within the schedules timeline.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the City Manager,
Ben Kim, or his designee, to act as its representative for the performance of this Contract
(“City’s Representative”). City’s Representative shall have the power to act on behalf of
the City for all purposes under this Contract. Contractor shall not accept direction or orders
from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Project
Manager, or his designee, to act as its representative for the performance of this Contract
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Contract. The
Contractor’s Representative shall supervise and direct the Services, using his/her best skill
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and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Contract in a skillful and competent manner, consistent with
the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Contractor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License if
applicable, and that such licenses and approvals shall be maintained throughout the term
of this Contract. As provided for in the indemnification provisions of this Contract,
Contractor shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Contractor’s failure to comply with the standard of care provided for herein. Any employee
of the Contractor or its sub-contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state aind federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA,
AQMD requirements, and shall give all notices required by law. Contractor shall be liable
for all violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules
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and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on “public
works” and “maintenance” projects. If the Services are being performed as part of an
applicable “public works” or “maintenance” project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing
rates of per diem wages in effect at the commencement of this Contract. Contractor shall
make copies of the prevailing rates of per diem wages for each craft, classification or type
of worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Contractor’s principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any failure
or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Contract,
and in a form provided or approved by the City. If such bond is required, no payment will
be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City, Contractor shall execute and provide to City concurrently
with this Contract a Payment Bond in the amount of the total, not-to-exceed compensation
indicated in this Contract, and in a form provided or approved by the City. If such bond is
required, no payment will be made to Contractor until it has been received and approved
by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least thirty
(30) days prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
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bonds required by this Section are accepted by the City. To the extent, if any, that the total
compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Contract (including,
without limitation, an increase in the total compensation, as referred to above), extensions
of time, or modifications of the time, terms, or conditions of payment to the Contractor, will
release the surety. If the Contractor fails to furnish any required bond, the City may
terminate this Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating
no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer
issuing bonds does not meet these requirements, the insurer will be considered qualified if
it is in conformance with Section 995.660 of the California Code of Civil Procedure, and
proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed Dollar
Amount in Word Format Dollars (Numerical) without advance written approval of City’s
project manager. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Contract.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement that indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days after receiving
such statement, review the statement and pay all approved charges. The payments will
be subject to a 5% retention amount, which would be released and paid after all work under
the Contract has been satisfactorily completed, and 35 days after a Notice of Completion
is filed with the County of Los Angeles.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Contract, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work
that is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City’s Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
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accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Contract. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Contract
for a period of three (3) years from the date of final payment under this Contract.
3.5 General Provisions.
3.5.1 Termination of Contract.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Contract at any time and without cause
by giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services that have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Contract except for cause.
3.5.1.2 Effect of Termination. If this Contract is terminated as
provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Contract. Contractor shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Contract is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Contract shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
Company Name
Address
City, State, Zip Code
Attn: Project Manager’s Name
Tel: (000) 000-0000
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Ben Kim, City Manager
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Contract.
3.5.4 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection
with the performance of the Services, the Project or this Contract, including without
limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk,
any and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against City, its directors, officials, officers, employees, agents or
volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents or volunteers,
in any such suit, action or other legal proceeding. Contractor shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers, employees,
agents or volunteers.
3.5.6 Entire Contract. This Contract contains the entire Contract of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations and
understandings. This Contract may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Contract shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Contract.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Contract shall be binding on the
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successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Contract or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days
and not workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Contract.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Contract shall be binding unless executed in writing and signed by both
Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared
invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, City shall have the right to rescind this
Contract without liability. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Contract, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
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equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code that require
every employer to be insured against liability for Worker’s Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Contract. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Contract. Each
Party warrants that the individuals who have signed this Contract have the legal power,
right, and authority to make this Contract and bind each respective Party.
3.5.21 Counterparts. This Contract may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion
of the work required by this Contract, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
[SIGNATURES ON NEXT PAGE]
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CITY OF ROSEMEAD COMPANY NAME
________________________ _______ By:____________________ ________
Ben Kim, City Manager Date Signature Date
Name:
Print
Attest:
Title:
________________________ _______
Ericka Hernandez, City Clerk Date
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
By: _
________________________ _______
Rachel Richman, City Clerk Date Name:___________________________
Title:
Company Name
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
Company Name
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement or
endorse the existing coverage to do so. Contractor acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Contract and which is applicable to a given loss, will be available
to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG
00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000
completed operations aggregate. The policy must include contractual liability that has not
been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least
as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non-owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation
Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least
$1,000,000) for Contractor ’s employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Contractor shall require each
subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s
Liability Insurance in accordance with the laws of the State of California, Section 3700 for
all of the subcontractor’s employees.
Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and
maintain an umbrella or excess liability insurance policy that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as the primary
coverages set forth above, including commercial general liability, automobile liability, and
employer’s liability. Such policy or policies shall include the following terms and
conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance
policy that will provide bodily injury, personal injury and property damage liability coverage
at least as broad as the primary coverages set forth above, including commercial general
liability, automobile liability, and employer’s liability. Such policy or policies shall include
Company Name
the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any
primary insurance that would otherwise have applied proves to be uncollectable in
whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall “follow form” to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella
or excess policies.
Builder’s risk insurance. Upon commencement of construction and with approval of
Agency, Contractor shall obtain and maintain builder’s risk insurance for the entire
duration of the Project until only the Agency has an insurable interest. The Builder’s Risk
coverage shall include the coverages as specified below.
The named insureds shall be Contractor and Agency, including its officers, officials,
employees, and agents. All Subcontractors (excluding those solely responsible for design
Work) of any tier and suppliers shall be included as additional insureds as their interests
may appear. Contractor shall not be required to maintain property insurance for any
portion of the Project following transfer of control thereof to Agency. The policy shall
contain a provision that all proceeds from the builder’s risk policy shall be made payable
to the Agency. The Agency will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed
value of the project. There shall be no coinsurance penalty or provisional limit provision
in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty
workmanship, Nonconforming Work, omission or deficiency in design or specifications;
(2) coverage against machinery accidents and operational testing; (3) coverage for
removal of debris, and insuring the buildings, structures, machinery, equipment,
materials, facilities, fixtures and all other properties constituting a part of the Project; (4)
Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of
construction; (5) transit coverage (unless insured by the supplier or receiving contractor),
with sub-limits sufficient to insure the full replacement value of any key equipment item;
(6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable;
(7) coverage with sub-limits sufficient to insure the full replacement value of any property
or equipment stored either on or off the Site or any staging area. Such insurance shall be
on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be
submitted to the Agency prior to commencement of construction.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party General liability
policies shall provide or be endorsed to provide that Agency and its officers,
Company Name
officials, employees, agents, and volunteers shall be additional insurer under such
policies using standard ISO endorsement No. CG 2010. . Contractor also agrees
to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall prohibit
Contractor, or Contractor’s employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Contract are intended to apply to the full extent of the policies.
Nothing contained in this Contract or any other Contract relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City’s protection without City’s prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverage required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to City at or
prior to the execution of this Contract. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time
and no replacement coverage is provided, City has the right, but not the duty, to
obtain any insurance it deems necessary to protect its interests under this or any
other Contract and to pay the premium. Any premium so paid by City shall be
charged to and promptly paid by Contractor or deducted from sums due
Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
“endeavor” (as opposed to being required) to comply with the requirements of the
certificate.
Company Name
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all Contracts with subcontractors and others
engaged in the project will be submitted to City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this Contract to self-insure its obligations to City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Contract will be deemed to
have been executed immediately upon any party hereto taking any steps that can
be deemed to be in furtherance of or towards performance of this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part
of City to inform Contractor of non-compliance with any insurance requirement in
no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
Company Name
shall be submitted prior to expiration. A coverage binder or letter from Contractor’s
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the
expiration of the coverage.
17. The provisions of any workers’ compensation or similar act will not limit the
obligations of Contractor under this Contract. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Contract and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Contract to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor
for the cost of additional insurance coverage required by this Contract. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Contract. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT No. 21035
PERFORMANCE BOND
PERFORMANCE BOND - 1
PERFORMANCE BOND
WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to
__________________________________________________________ (hereinafter
"Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials,
tools, equipment, services, and incidentals for the RESIDENTIAL STREET RESURFACING
AND CONCRETE IMPROVEMENTS PROJECT and all other required structures and
facilities within the rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly set
forth in that certain contract for the said Public Work dated ___________________ (hereinafter
the "Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to perform
the terms thereof and to provide a bond both for the performance and guaranty thereof,
NOW, THEREFORE, we _________________________________
_______________________________________, the undersigned Contractor, as Principal, and
___________________________________________________, a corporation organized and
existing under the laws of the State of ______________________, and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto the
CITY OF ROSEMEAD in the sum of
_________________________________________________________ dollars,
($____________________________), said sum being not less than 100% of the total amount
payable by the said Obligee under the terms of the said Public Work Contract, for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and agreements in the said Public
Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and
workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated
in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall
be and remain in full force and effect. In the event legal action is required to enforce the provisions
of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in
addition to court costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the prevailing
party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary
disbursements and other consequential damages.
The said Surety, for value received, hereby stipulates and agrees that no change,
extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work
PERFORMANCE BOND - 2
to be performed thereunder, or the specifications accompanying the same shall in any way affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract, or to the Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day
on _____________________, 20____.
________________________________
Principal/Contractor
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact
The rate of premium on this bond is ___________ per thousand.
The total amount of premium charged, $_____________.
(The above must be filled in by corporate surety.)
PERFORMANCE BOND - 3
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On this ____ day of _________________, in the year _________, before me,
________________________________________, a Notary Public in and for said state, personally
appeared __________________________________________, known to me (or proved to be on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney-in-Fact of the ____________________________________ (surety)
and acknowledged to me that he subscribed the name of the
_________________________________________ (surety) thereto and his own name as
Attorney-in-Fact.
___________________________________
Notary Public in and for said State
(SEAL)
My Commission expires _______________.
PERFORMANCE BOND - 4
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, __________________________________________, certify that I am the
_____________________________________________ Secretary of the corporation named as
principal to the within bond; that ___________________________________________ who
signed the said bond on behalf of the principal was then
_______________________________________ of said corporation; that I know his signature,
and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for
and in behalf of said corporation by authority of its governing Board.
(Corporate Seal) __________________________________
Signature
______________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT No. 21035
PAYMENT BOND
PAYMENT BOND - 1
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to
____________________________________________________(hereinafter "Contractor"), a
contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment,
services, and incidentals for the RESIDENTIAL STREET RESURFACING AND
CONCRETE IMPROVMENTS PROJECT and all other required structures and facilities
within the rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly set
forth in that certain contract for the said Public Work dated _________________________,
(hereinafter the "Public Work Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said
Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail
to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the
performance of the Work contracted to be done, or for any work or labor done thereon of any kind,
or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such
work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's
fee in case suit is brought on the bond.
NOW, THEREFORE, we _________________________________________
_______________________________________, the undersigned Contractor, as Principal and
__________________________________________________, a corporation organized and
existing under the laws of the State of ___________________________ and duly authorized to
transact business under the laws of the State of California, as Surety, are held and firmly bound
unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or
corporations furnishing materials, provisions, and other supplies used in, upon, for or about the
performance of the said Public Work, and all persons, companies or corporations renting or hiring
teams, or implements or machinery, for or contributing to said Public Work to be done, and all
persons performing work or labor upon the same and all persons supplying both work and materials
as aforesaid excepting the said Contractor, the sum of
____________________________________ dollars, ($________________), said sum being not
less than 100% of the total amount payable by said Obligee under the terms of the said Public
Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, or other supplies or machinery used in, upon, for or about the performance
of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of
the persons named in California Civil Code Section 3181, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant, or
for any amounts required to be deducted, withheld, and paid over to the Employment Development
PAYMENT BOND - 2
Department from the wages of employees of the contractor and his subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all
other applicable laws of the State of California and rules and regulations of its agencies, then said
Surety will pay the same in or to an amount not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the prevailing
party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary
disbursements and other consequential damages. In addition to the provisions hereinabove, it is
agreed that this bond will inure to the benefit of any and all persons, companies and corporations
entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or additions to the terms of the said Public Work Contract or to the
Work to be performed thereunder or the specification accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day
on _____________________, 20____.
________________________________
Principal/Contractor
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact
PAYMENT BOND - 3
STATE OF CALIFORNIA )
)
COUNTY OF ____________ ) ss.
On this ____ day of _________________________, in the year ________, before
me, ____________________________________________, a Notary Public in and for said state,
personally appeared ___________________________________________, known to me (or
proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument as the Attorney-in-Fact of the
_______________________________________ (surety) and acknowledged to me that he
subscribed the name of the ______________________________ (surety) thereto and his own
name as Attorney-in-Fact.
___________________________________
Notary Public in and for said State
(SEAL)
My Commission Expires _____________
PAYMENT BOND - 4
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________
Secretary of the corporation named as principal in the attached bond, that
_____________________________________ who signed the said bond on behalf of the principal
was then ____________________________________ of said corporation; that I know his
signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and
attested for and in behalf of said corporation by authority of its governing Board.
(Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT No. 21035
PART "A"
GENERAL PROVISIONS
GENERAL PROVISIONS - 1
Standard Specifications. The Work hereunder shall be done in accordance with the Standard
Specifications for Public Works Construction (“Greenbook”), 2021 Edition, including all current
supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"),
these General Conditions and the Specifications and Drawings identified in the Contract
Documents. The Standard Specifications are referred to and by this reference made a part hereof
as though set forth at length. In the case of conflict between the Standard Specifications and
these General Conditions, these General Conditions shall take precedence over, and shall be used
in lieu of, such conflicting provisions. The section headings in these General Conditions
correspond to the section headings of the Standard Specifications. In the event a section heading
contained in the Standard Specifications is not referenced in these General Conditions that section
shall read exactly as stated in the Standard Specifications.
Supplemental Reference Specifications. Insofar as references may be made in these Special
Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced
portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said
reference specifications, provided, that wherever the term “Standard Specifications” is used
without the prefix “Caltrans”, it shall mean the Standard Specifications for Public Works
Construction (“Green Book”), 2021 Edition, as previously specified in the above paragraph.
GENERAL PROVISIONS - 2
PART 1 - GENERAL PROVISIONS
SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 DEFINITIONS
Wherever in the Standard Specifications or other Contract Documents the following terms
are used, they shall mean the following:
Agency - The CITY OF ROSEMEAD
Bid Guaranty - As defined in the Standard Specifications. Also referred to as the “Bid
Security” in the Contract Documents.
Bid Security - The Bid Guaranty, as defined herein.
Board - The City Council of the CITY OF ROSEMEAD.
City - The CITY OF ROSEMEAD
City’s Representative - The Engineer, as defined herein.
Contract - The written agreement (Contract form) between the City and the Contractor for
the complete and adequate completion of the Work for the Project. The Contract consists
of the Contract Documents. The documents comprising the Contract are complementary,
and each obligation of the Contractor, Subcontractors and material or equipment suppliers
in any one document shall be binding as if specified in all. The Contract is intended to
include all items required for the proper execution and completion of the Work.
Contract Documents - In addition to the documents noted in the definition of Contract
Documents in the Standard Specifications, all documents incorporated by reference into
the Contract form.
Contract Price - The amount stated in the Contract form, including authorized adjustments
pursuant to Change Orders, which is the total amount payable by the City to the Contractor
for performance of the Work under the Contract. It is also sometimes referred to as the
“Total Bid Price” in the Contract Documents.
Contractor’s Representative – Contractor’s executive representative who shall be present
on the Project Site at all times that any Work is in progress and who shall have the authority
to act on behalf of the Contractor for all purposes under the
GENERAL PROVISIONS - 3
Contract. The Contractor shall designate such representative in writing to the City. The
Contractor’s Representative shall be available to the City and its agent’s at all reasonable
times.
Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either
directly or through properly authorized agents, such as agents acting within the scope of
the particular duties entrusted to them. Also sometimes referred to as the “City’s
Representative” in the Contract Documents.
Liquidated Damages - the amount prescribed in the Contract form, pursuant to the
authority of Government Code Section 53069.85, to be paid to the City or to be deducted
from any payments due, or to become due, the Contractor for each day’s delay in
completing the whole or any specified portion of the Work beyond the time allowed in the
Contract Documents.
Notice to Contractors - Notice Inviting Bids.
Project - The total and satisfactory completion of the project noted in the Contract
Documents, as well as all related work performed in accordance with the Contract,
including but not limited to, any alternates selected by the City.
Project Site - All of the property and/or facilities of the City where the Work will be
performed pursuant to the Contract, as well as such adjacent lands as may be directly
affected by the performance of the Work.
Recyclable Waste Materials - Materials removed from the Project site which is required
to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials
include asphalt, concrete, brick, concrete block, and rock.
Special Provisions - Any provisions which supplement or modify the Standard
Specifications, including these General Conditions (Part “A”), the Supplementary General
Conditions (Part “B”) and the Technical Provisions (Part “C”).
Total Bid Price - The amount stated in the Contract form, including authorized
adjustments pursuant to Change Orders, which is the total amount payable by the City to
the Contractor for performance of the Work under the Contract. Also sometimes referred
to as the “Contract Price” in the Standard Specifications and other Contract Documents.
- END OF SECTION -
GENERAL PROVISIONS - 4
SECTION 2 SCOPE AND CONTROL OF WORK
The project consists of coldmill and overly of existing AC Pavement, adjusting manhole covers,
water valve covers, and gas covers to grade. The project also consists of concrete improvements
to be made within the roadway segments that will be resurfaced including removal and
replacement of broken curb and gutter, ADA curb ramps, etc., per bid schedule. Project also
includes removal and replacement of raised pavement markers, and roadway striping as well as
miscellaneous work as indicated on the construction plans, including other incidental and
appurtenant work necessary for the proper completion of the project as indicated in the appendix
and other related work as described in the plans and specifications.
2-3 SUBCONTRACTS
2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications shall be
amended to include the following provisions:
“By appropriate written agreement, Contractor shall require each Subcontractor to be
bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect
the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to
the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon
request by the City’s Representative and shall not again be employed on the Work. The Contractor
shall be held liable for the all deficient Subcontractor Work.”
2-4 CONTRACT BONDS
The following shall be added at the end of Section 2-4 of the Standard Specifications:
“The Contractor shall ensure that its Bonding Company is familiar with all of the terms
and conditions of the contract Documents, and shall obtain a written acknowledgment by the
Bonding Company that said Bonding Company thereby waives the right of special notification of
any changes or modifications of the Contract, or of extensions of time, or of decreased or increased
Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its
authorized representatives. If the Contract Price is increased in accordance with the Contract, the
Contractor shall, upon request of the City, cause the amount of the bonds to be increased
accordingly and promptly deliver satisfactory evidence of such increase to the City.”
“Pursuant to Public Contract Code Section 4108, Contractor shall require all
Subcontractors providing labor and materials in excess of the amount indicated in the Notice
Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond
requirements applicable to the Contractor, except that the bond amounts shall equal the total
amount of their subcontract. The Contractor shall specify this requirement for Subcontractor
bonds in his written or published request for Subcontractor bids. Failure to comply with this
requirement shall not preclude Contractor from complying with the Subcontractor bonding
requirements. The practice of issuing separate purchase orders and/or subcontracts for the purpose
of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor
GENERAL PROVISIONS - 5
from these requirements. No payments, except for a reimbursement payment to the Contractor for
the cost of the Contractor’s own Faithful Performance and Payment bonds, shall be made to the
Contractor until the Contractor provides the aforementioned Subcontractor bonds to the
Contractor.”
2-5 PLANS AND SPECIFICATIONS
2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications
shall be amended to include the following at the end of that paragraph:
“All Contract Documents are essential parts of the Contract for a given project. Any
requirement included in one Contract Document shall be as binding as though included in all, as
they are intended to be cooperative and to provide a description of the Work to be done.”
2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the
Standard Specifications shall be revised to read as follows:
“In resolving disputes resulting from conflicts, errors, or discrepancies in any of the
Contract Documents, the document highest in precedence shall control. The order of precedence
shall be as listed below:
1. Change Orders or Work Change Directives
2. Agreement
3. Addenda
4. Contractor’s Bid (Bid Forms)
5. Special Provisions
6. General Conditions
7. Standard Specifications
8. Notice Inviting Bids
9. Instructions to Bidders
10. Specifications
11. Plans (Contract Drawings)
12. Standard Plans
13. Reference Documents”
“With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings”
2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to
the Standard Specifications to read as follows:
GENERAL PROVISIONS - 6
“Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently
detailed or explained on the Plans or in the Specifications, the Contractor shall request the City’s
Representative for such further explanation as may be necessary, and shall conform to such
explanation or interpretation as part of the Contract, so far as may be consistent with the intent of
the original Specifications. In the event of doubt or questions relative to the true meaning of the
Specifications, reference shall be made to the Engineer, whose decision thereon shall be final.”
2-7 SUBSURFACE DATA
2-7.1 Limited Reliance by Contractor. Section 2-7.1 shall be added to the Standard
Specifications to read as follows:
“Soils reports and other reports of subsurface conditions may be made available for
inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT
CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the
“technical data” contained in such reports and drawings only where such “technical data” are
specifically identified in the Special Provisions. Except for such reliance on such “technical data”,
the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of
the Engineer’s Consultants with respect to any of the following:”
“2-7.1.1. Completeness. The completeness of such reports and drawings for contractor’s
purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences,
and procedures of construction to be employed by Contractor and safety precautions and programs
incident thereto.”
“2-7.1.2. Other Information. Any other data, interpretations, opinions, and information
contained in such reports or shown or indicated in such drawings.”
“2-7.1.3. Interpretation. Any interpretation by the Contractor of such “technical data”
or any conclusion drawn from any “technical data” or any such data, interpretations, opinions or
information.”
2-8 RIGHT-OF-WAY.
Section 2-8 of the Standard Specifications shall be revised in its entirety to read as follows:
“All temporary access or construction rights-of-way, other than those shown on the Plans,
which the Contractor may find it requires during progress of the Work, shall be arranged by, paid
for and disposed of solely by the Contractor at its own expense. The Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
all claims for damages of any kind arising from or incident to such rights-of-way. Those rights-
of-way shown on the Plans will be provided by the City at its expense.”
2-9 SURVEYING.
GENERAL PROVISIONS - 7
2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be amended to
include the following:
“All survey monuments, centerline ties and survey reference points will be tied out in
advance by the City Land Surveyor. Temporary control shall be protected in place. Any temporary
control disturbed by the contractor shall be replaced at the contractor expense and no additional
compensation shall be allowed therefore. City Land Surveyor will provide one set of temporary
stakes for position of well monuments. Contractor shall install well monuments. Contractor shall
coordinate his/her work with the City Land Surveyor for the installation.”
2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in
its entirety to read as follows:
“All Work, including finished surfaces, shall during its progress and upon completion
conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All
distances and measurements are given thereon and will be made in a horizontal plane. Three
consecutive points shown on the same rate of slope must be used in common in order to detect any
variation from a straight line. In the event any discrepancy exists, it must be reported to the City’s
Representative. Failure to make this report shall make the Contractor responsible for any error in
the finished Work. Minor deviations from approved Plans, whenever required by the exigencies
of construction, shall be determined in all cases by the City’s Representative and authorized in
writing.”
2-10 AUTHORITY OF BOARD AND ENGINEER.
The provisions of Section 2-10 of the Standard Specifications shall be revised to read as
follows:
“Whenever the Contract Documents refer to the Engineer or City’s Representative, or
provide the Engineer or City’s Representative with power to act on behalf of the City, such
reference shall necessarily include the City’s Representative, or his or her authorized designee.”
“The City Council shall have the power to award the Contract, and shall generally have the
final authority to act in all matters affecting the Project. The City’s Representative shall have the
authority to enforce compliance with the Contract Documents. The Contractor shall promptly
comply with the instructions of the City’s Representative. The decisions of the City’s
Representative shall be final and binding on all questions as to: (1) the quantity, quality and
acceptability of materials and equipment furnished and Work performed; (2) the manner of
performance and rate of progress of the Work; (3) any and all questions which may arise as to the
interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the
acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and
compensation issues; and (6) his authority to enforce and make effective such decisions and actions
as the Contractor fails to carry out promptly.”
2-11 INSPECTION.
GENERAL PROVISIONS - 8
The provisions of Section 2-11 shall be amended to include the following at the end of that
Section:
“The Engineer shall have complete and safe access to the Work at all times during
construction, and shall be furnished with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the Specifications, the Special Provisions,
and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer’s
inspection.”
“When the Work is substantially completed, the Engineer or a representative of the
Engineer will make the final inspection.”
“Whenever the Contractor varies the period during which Work is carried on any day, he
shall give adequate notice to the City’s Representative so that proper inspection may be provided.
Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding
the fact that such defective work and unsuitable materials have previously been inspected, accepted
or estimated for payment.”
“The Contractor shall prosecute work on any State highway or within any railroad
right-of-way only in the presence of an inspector representing the State Division of Highways or
the railroad company, and any Work done in the absence of such inspectors will be subject to
rejection. The Contractor shall make the appropriate notification according to the instructions
given on the State Encroachment Permit or railroad permit for all inspections, and shall post all
bonds and certificates required by the permit. The permit shall be acquired by the Contractor at
the Contractor's expense. The Contractor shall pay for all testing and inspections required by a
State Encroachment Permit or railroad permit.”
2-12 SITE EXAMINATION
Section 2-12 shall be added to the Standard Specifications as follows:
“The Contractor shall have the sole responsibility of satisfying itself concerning the nature
and location of the Work, and the general and location conditions, such as, but not limited to, all
other matters which could in any way affect the Work or the costs thereof. The failure of the
Contractor to acquaint itself with all available information regarding any applicable existing or
future conditions shall not relieve it from the responsibility for properly estimating either the
difficulties, responsibilities, or costs of successfully performing the Work according to the
Contract Documents.”
2-13 FLOW AND ACCEPTANCE OF WATER
Section 2-13 shall be added to the Standard Specifications as follows:
GENERAL PROVISIONS - 9
“Storm, surface, nuisance, or other waters may be encountered at various times during
construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges
that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and
assumes any and all risks and liabilities arising therefrom.”
2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.
Section 2-14 shall be added to the Standard Specifications as follows:
“The Contractor shall give his personal attention to the fulfillment of the Contract and shall
keep the Work under his control. The Contractor shall not contract with any other entity to perform
in whole or in part the services required hereunder except in strict compliance with Section 2-3 of
the Standard Specifications and state law. In addition, neither this Contract nor any interest herein
may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by
force of law, except as otherwise provided in Section 7103.5 of the State of California Public
Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall
include the transfer to any person or group of persons acting in concert of more than twenty five
percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall
be void. No approved transfer shall release the Contractor or any surety of the Contractor of any
liability hereunder without the expressed written consent of the City.”
- END OF SECTION -
GENERAL PROVISIONS - 10
SECTION 3 CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall be
amended to include the following at the end of that Section:
“Contractor shall not be entitled to claim or bring suit for damages, whether for loss of
profits or otherwise, on account of any decrease or omission of any item or portion of Work to be
done. Whenever any change is made as provided for herein, such change shall be considered and
treated as though originally included in the Contract, and shall be subject to all terms, conditions
and provisions of the original Contract.”
3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall
be revised to read as follows:
“3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as
follows:”
“3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of
an increase or decrease in a bid item quantity of a unit price contract, the total amount of work
actually done or materials or equipment furnished shall be paid for according to the unit price
established for such work under the Contract Documents, wherever such unit price has been
established; provided, that an adjustment in the Contract Unit Price may be made for changes
which result in an increase or decrease in the quantity of any unit price bid item of the Work in
excess of 25 percent, or for eliminated items of work.”
“3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit
price contract, should the total quantity of any item of work required under the Contract exceed
the Engineer’s Estimate therefor by more than 25 percent, the work in excess of 125 percent of
such estimate and not covered by an executed contract Change Order specifying the compensation
to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided,
or at the option of the Owner, payment for the work involved in such excess will be made as
provided in Paragraph 3-3.2, as amended in these Special Provisions.”
“Such adjustment of the Contract Unit Price will be the difference between the Contract
Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total
pay quantity of the item. If the costs applicable to such item of work include fixed costs, such
fixed costs shall be deemed to have been recovered by the Contractor by the payments made for
125 percent of the Engineer’s Estimate of the quantity for such item, and in computing the actual
unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost
will be determined by the engineer in the same manner as if the work were to be paid for as extra
work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment
as will be as agreed to by the Contractor and the Owner.”
GENERAL PROVISIONS - 11
“When the compensation payable for the number of units of an item of work performed in
excess of 125 percent of the Engineer’s Estimate is less than $5,000 at the applicable Contract Unit
Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except
that an adjustment will be made if requested in writing by the Contractor.”
“3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit
price contracts, should the total pay quantity of any item of work required under the contract be
less than 75 percent of the Engineer’s Estimate therefor, an adjustment in compensation pursuant
to this Section will not be made unless the Contractor so requests in writing. If the Contractor so
requests, the quantity of said item performed, unless covered by an executed contract change order
specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price
as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of
such item performed will be made as if the work were to paid for as extra work as provided in
Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed
to by the Contractor and the Owner; provided, however, that in no case shall the payment for such
work be less than that which would be made at the Contract Unit Price.”
“Such adjustment of the contract unit price will be the difference between the contract unit
price and the actual unit cost, which will be determined as hereinafter provided, of the total pay
quantity of the item, including fixed costs. Such actual unit cost will be determined by the
Engineer in the same manner as if the work were to be paid for as extra work as provided in
Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed
to by the Contractor and the Owner.”
“The payment for the total pay quantity of such item of work will in no case exceed the
payment which would be made for the performance of 75 percent of the Engineer’s Estimate of
the quantity for such item at the original Contract Unit Price.”
“3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts,
should any contract item of the work be eliminated in its entirety, in the absence of an executed
contract Change Order covering such elimination, payment will be made to the Contractor for
actual costs incurred in connection with such eliminated contract item if incurred prior to the date
of notification in writing by the Engineer of such elimination.”
“If acceptable material is ordered by the Contractor for the eliminated item prior to the date
of notification of such elimination by the Engineer, and if orders for such material cannot be
canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for
shall become the property of the Owner and the actual cost of any further handling will be paid for
by the Owner. If the material is returnable to the vendor and if the Engineer so directs the
Contractor, the material shall be returned and the Contractor will be paid for the actual cost of
charges made by the vendor for returning the material. The actual cost of handling returned
material will be paid for.”
“The actual costs or charges to be paid by the Owner to the Contractor as provided in this
Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work
GENERAL PROVISIONS - 12
as provided in Paragraph 3-3.2, as amended in these General Conditions, or such adjustment as
will be as agreed to by the Contractor and the Owner.”
3-3 EXTRA WORK
3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be
amended to include the following at the end of that Section:
“All extra work shall be adjusted daily upon report sheets furnished by the Contractor,
prepared by the City’s Representative and signed by both parties. The daily report shall be
considered thereafter as the true record of extra work done. New and unforeseen work will be
classed as extra work only when said work is not covered and cannot be paid for under any of the
various items or combination of items for which a bid price appears in the Bid Forms. The
Contractor shall not do any extra work, except upon written order from the City’s Representative.”
3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be
amended as follows:
3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the
beginning of that Section:
“Extra work shall be paid for under written work order in accordance with the terms therein
provided. Generally, payment for extra work will be made at the unit price or lump sum previously
agreed upon between the Contractor and the City.”
3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor) shall be
amended in its entirety to read as follows:
“(a) Work by Contractor. The following percentages shall be added to the Contractor’s
costs and shall constitute the markup for all overhead and profit.
1) Labor 24 percent (includes bonding)
2) Materials 15 percent
3) Equipment rental 15 percent
4) Other items and expenditures 15 percent
5) Subcontracts (1st tier only) 5 percent
6) Lower tier subcontractors none
To the sum of the costs and markups provided for in this subsection, except for
labor, one percent shall be added as compensation for bonding.”
3-6 EXISTING CONDITIONS.
Section 3-6 shall be added to the Standard Specifications as follows:
GENERAL PROVISIONS - 13
“Contractor shall have the sole responsibility for satisfying itself concerning the conditions,
nature and location of the Project and the Work to be performed, as well as the general and local
conditions. Such conditions shall include, but shall not be limited to, local labor availability,
means of transportation, necessity for security, laws and codes, local permit requirements, wage
scales, local tax structure, contractors' licensing requirements, availability of required insurance,
and other factors that could in any way affect the Work or the costs thereof. The Contractor is
solely responsible for understanding the facilities, difficulties and restrictions which may impact
the total and adequate completion of the Project. The failure of the Contractor to acquaint himself
with all available information regarding any applicable existing or future conditions shall not
relieve him from the responsibility for properly estimating either the difficulties, responsibilities,
or costs of fully and adequately performing the Work according to the Contract Documents.”
- END OF SECTION -
GENERAL PROVISIONS - 14
SECTION 4 CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its
entirety to read as follows:
“It is the intent of the City in drafting the Contract Documents to accept only first-class
work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished
by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully
equal to samples when such samples are required. Used or secondhand materials, parts and
equipment may be used only if permitted by the Specifications. When the quality or kind of
material or articles required under the Contract are not particularly specified, the Contractor shall
provide those representing the best of their class or kind. Quality of Work shall be in strict
accordance with generally accepted standards. Material, parts, equipment and Work quality shall
be subject to the approval of the City’s Representative. All materials, parts and equipment used
and installed, and all details of the Work done, shall at all times be subject to the supervision, test
and approval of the City’s Representative. The City’s Representative shall have access to the
Work at all times during construction, and shall be furnished with every reasonable facility for
securing full knowledge with regard to the progress, workmanship and character of the materials,
parts and equipment used or employed in the Work. Materials, parts and equipment shall be
furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the
Work.”
“All materials, parts, equipment or Work which are defective in their construction or
deficient in any of the requirements of the Contract Documents, whether in place or not, shall be
remedied or removed and replaced by the Contractor in an acceptable manner, and no
compensation will be allowed for such correction work. Any Work done beyond the lines shown
on the Plans or established by the City’s Representative, or any extra work done without written
authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor’s
failure to comply promptly with any order of the City’s Representative made under the provisions
of this Section, the City’s Representative shall have authority to cause such defective or
unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from
any moneys due or to become due the Contractor. If the Work is found to be in compliance with
these specifications, the City’s Representative will furnish the Contractor with a certificate to that
effect.”
4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the
Standard Specifications shall be amended to add the following at the end of that Section:
“Contractor shall fully and adequately store and protect all materials, parts and equipment,
as required herein. Contractor shall be solely responsible for any and all damages or loss by
weather or any other cause to such materials, parts and equipment. The Contractor shall make
good any and all damages or loss to materials, parts and equipment.”
GENERAL PROVISIONS - 15
“Until the final written acceptance of the Work by the City, the Contractor shall have the
charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the
action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make
good all injuries or damages to any portion of the Work occasioned by any cause before its
completion and acceptance, and shall bear the expense thereof, except for such injuries or damages
arising from the sole negligence or willful misconduct of the City, its officers, agents or employees.
In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible
for all materials and the protection of Work already completed, and shall properly store and protect
them, if necessary. Contractor shall provide suitable drainage and erect temporary structures
where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any
right of property in materials used after they have been attached or affixed to the Work or the soil
upon City real property. All such materials shall, upon being so attached or so affixed, become
the property of the City.”
“Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage
valued in excess of five percent (5%) of the Contract Price if such damage was caused by an
earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public
Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall
provide insurance to protect against such damages.”
4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard Specifications
shall be amended to add the following at the end of that Section:
“Contractor shall immediately remove all rejected material from the Work or Site, and shall
not again return such material to the Site.”
4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the
Standard Specifications shall be amended in their entirety to read as follows:
“Whenever any particular material, process, or equipment is indicated by a patent,
proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by
the words “or equal”. A Contractor may offer any material, process, or equipment considered as
equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit
requests for substitution promptly after award shall be deemed to signify that the Contractor
intends to furnish one of the brands named in the Special Provisions, and the Contractor does
hereby waive all rights to offer or use substitute materials, products, or equipment for that which
was originally specified. Unless otherwise authorized by the Engineer, the time for submission of
data substantiating a request for substitution of an “or equal” item shall be not less than 35 nor
more than 40 calendar days after award of Contract.”
“The burden of proof as to the comparative quality and suitability of alternative equipment
or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data
concerning items offered by it as equivalent to those specified. Such data shall include complete
calculations, technical specifications, samples, or published documents relating to the performance
and physical characteristics of the proposed substitute. The Contractor shall have the material
GENERAL PROVISIONS - 16
tested as required by the City’s Representative to determine that the quality, strength, physical,
chemical or other characteristics, including durability, finish, efficiency, dimensions, service and
suitability are such that the item will completely and adequately fulfill its intended function.”
4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as
follows:
“The Contractor shall place the order(s) for all long-lead supplies, materials, and
equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working
days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a
statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been
received and accepted by said vendor(s) within 15 working days from the date of said award of
Contract.”
4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the
Standard Specifications to read as follows:
“The Contractor shall remove and dispose of all debris, abandoned structures, tree roots
and obstructions of any character met during the process of excavation, it being understood that
the cost of said removals are made a part of the unit price bid by the Contractor under the item for
excavation or removal of existing Work.”
4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added
to the Standard Specifications to read as follows:
“Any portions of curb, gutter, sidewalk or any other City improvement damaged by the
Contractor during the course of construction shall be replaced by the Contractor at his own cost,
free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in
excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary
during the process of construction (but not due to damage resulting from carelessness on the part
of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted
in his Bid.”
4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the
Standard Specifications to read as follows:
“In support of the Owner’s waste reduction and recycling efforts, Contractor shall divert
all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling
centers rather than area landfills. Contractor will be required to submit weight tickets and written
proof of diversion with its monthly progress payment requests. Contractor shall complete and
execute any certification forms required by Owner to document Contractor’s compliance with
these diversion requirements. All costs incurred for these waste diversion efforts shall be the
responsibility of the Contractor.”
- END OF SECTION -
GENERAL PROVISIONS - 17
SECTION 5 UTILITIES
5-1 LOCATION
The provisions of Section 5-1 of the Standard Specifications shall be amended to add the
following at the end of that Section:
“Locations of existing utilities shown on the Plans are approximate and may not be
complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a
minimum of 2 working days prior to any excavation in the vicinity of any potentially existing
underground facilities in order to verify the location of all utilities prior to the commencement of
the Work.”
“The Contractor shall be responsible for coordinating its work with all utility companies
during the construction of the Work.”
“The Plans identify the approximate locations of existing utilities that parallel or cross the
Work. These locations are based on the best information available to the Owner. The Contractor
shall verify these locations.”
5-2 PROTECTION
The provisions of Section 5-2 of the Standard Specifications shall be amended to add the
following at the end of that Section:
“All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas
utility valves, and other subsurface structures shall be relocated or adjusted to grade by the
Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before
commencing the Work.”
“If the Contractor, while performing the Contract, discovers utility facilities not identified
by the public agency in the Contract Plans or Specifications, he or she shall immediately notify
the public agency and utility in writing.”
“The public utility, where they are the owner, shall have the sole discretion to perform
repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a
reasonable price.”
“During construction of the Work, some of the existing utilities may fall within the prism
of trenches. if the existing utility does fall within the contractor=s trenches, the utility involved
shall be supported properly by the Contractor to the satisfaction of the utility owner. The method
of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall
be per the utility owner’s requirements. The Contractor shall contact the utility owner should it
anticipate such exposure of any of the existing utilities.”
GENERAL PROVISIONS - 18
5-5 DELAYS
The provisions of Section 5-5 of the Standard Specifications shall be amended to add the
following at the end of that Section:
“Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the
California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully
set forth herein. In the event of any conflict between the Standard Specifications and Government
Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall
prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards
to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service
laterals and appurtenances.”
“The right is reserved to the owners of public utilities or franchises to enter upon the streets
for the purpose of making repairs or changes in their property which may be necessary as a result
of the Work. Employees of the City shall likewise have the privilege of entering upon the street
for the purpose of making any necessary repairs or replacements.”
“Contractor shall employ and use only qualified persons, as hereinafter defined, to work in
proximity to Southern California Edison's secondary, primary and transition facilities. The term
"qualified person" shall mean one who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved, as more specifically defined in Section 2700
of Title 8 of the California Administrative Code. The Contractor shall take such steps as are
necessary to assure compliance by all Subcontractors.”
- END OF SECTION -
GENERAL PROVISIONS - 19
SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The second paragraph of Section 6-1 of the Standard Specifications shall be amended in
its entirety to read as follows:
“After the Contract has been approved by the Owner, and a written Notice to Proceed
has been issued to the Contractor, the Contractor shall start the Work within 10 working
days after the date specified in said Notice to Proceed. The Work shall be diligently
prosecuted to completion before the expiration of the time indicated in the Bid Documents
and Contract Form, plus any duly authorized extensions thereof.”
The provisions of Section 6-1 of the Standard Specifications shall be amended to add the
following at the end of that Section:
“Notwithstanding anything to the contrary herein, the Contractor’s proposed construction
schedule shall include the expected start and completion dates for all portions of the contract Work.
During a scheduling conference between the Contractor and the City’s Representative, the work
schedule will be discussed and modified, if necessary, by mutual agreement. Should it become
necessary for the City to delay temporarily the construction schedule agreed upon during the
scheduling conference, every effort will be made to permit a new construction schedule at the time
most convenient to the Contractor, thus permitting the Project to proceed with the shortest
intramural movement of the equipment. The Contractor shall notify the City’s Representative in
all such cases in order to arrive at a mutually satisfactory schedule.”
“Contractor’s construction schedule shall be in a form provided for in the
Specifications. Contractor shall continuously update its construction schedule. Contractor
shall submit an updated and accurate construction schedule to the Owner whenever
specifically requested to do so by Owner and with each periodic payment request. Failure
to submit an updated and accurate construction schedule shall render Contractor in breach
of the Contract and shall entitle Owner to withhold money therefor.”
6-3 SUSPENSION OF WORK.
6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall be
amended to add the following at the end of that Section:
“The situations which will be deemed to be in the City’s interest to suspend the Work shall
include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions
that render the proper prosecution of the Work impracticable or inefficient; or (2) when the
Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the
requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate
working force for any reason whatsoever (including, but not limited to, strikes, labor unrest or
labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any
GENERAL PROVISIONS - 20
materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but
not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5)
when the Contractor fails or refuses to commence Work within the time specified for any reason
whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or
labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate
of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever
(including, but not limited to transportation problems, strikes, labor unrest or labor shortages of
any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such
locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to
maintain a Work program which will insure the Agency’s interest; (9) when the Contractor fails
or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any
other respect to prosecute the Work with the diligence, speed or force specified or intended by the
terms of the Contract. The Contractor shall immediately comply with any written order from the
City’s Representative and shall not resume operations until so ordered in writing.”
6-4 DEFAULT BY CONTRACTOR.
The first, second and third full paragraphs of Section 6-4 of the Standard Specifications
shall be amended to read as follows:
“If the Contractor should be in violation of the Contract, then the City may, without
prejudice to any other right or remedy and after giving notice as specified herein, terminate the
Contract and take all actions provided for herein and elsewhere in the Contract Documents. By
way of example and not as a limitation upon its right to terminate the Contract as provided herein,
the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1)
begin delivery of any materials, manufactured articles, supplies or equipment for any reason
whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor
shortages of any kind); (2) commence Work within the time specified for any reason whatsoever
(including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages
of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies
or equipment for any reason whatsoever (including, but not limited to, transportation problems,
strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such
locations as specified in the Contract Documents; (5) maintain a Work program which will insure
the Agency’s interest; (6) carry out the intent of the Contract; (7) supply an adequate working force
for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of
any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force
specified or intended by the terms of the Contact.”
“If the City determines that sufficient grounds exist to terminate the Contract as provided
herein, the City’s Representative shall provide written notice to the Contractor and its surety on its
performance bond. If the Contractor or its surety does not fully comply with such notice within
five (5) days after receiving it, or fails to continue after starting to comply in good faith, the City
may exclude the Contractor and its employees and Subcontractors from the Work, or any portion
thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of
every description as may be found at the place of such Work. Thereupon, the Contractor and its
GENERAL PROVISIONS - 21
employees and Subcontractors shall discontinue such Work or such part thereof as the City may
designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete
the Work or any part thereof. All expenses charged under this paragraph shall be deducted and
paid for by the City out of any moneys then due or to become due the Contractor under the
Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work
for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums
paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a
sum which would have been payable under the Contract if the same had been completed by the
Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall
exceed the amount payable under the Contract, then the Contractor shall pay the amount of the
excess to the City upon completion of the Work without further demand being made therefore. In
the determination of the question as to whether or not there has been any such noncompliance with
the Contract as to warrant the suspension or annulment thereof, the decision of the City Council
shall be binding on all parties to the Contract.”
6-8 COMPLETION AND ACCEPTANCE.
Section 6-8 of the Standard Specifications shall be amended in its entirety as follows:
“The Work will be inspected for acceptance by the City’s Representative upon receipt of
the Contractor’s written assertion that the Work has been completed. If, in the sole discretion of
the City’s Representative, the Work has been completed and is ready for acceptance, the City’s
Representative will notify the City Clerk that the Contract has been completed in its entirety. The
City’s Representative shall request that the City accept the Work and that the City Clerk be
authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice
of Completion of the Work. The date of completion shall be the date the Contractor is relieved
from responsibility to protect the Work.”
“The Contractor hereby guarantees that the entire Work constructed by him under the
Contract will meet fully all requirements as to quality of workmanship and materials. The
Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary
by defects in materials or workmanship that become evident within one (1) year after the date of
the final payment, and to restore to full compliance with the requirements of these Contract
Documents, including any test requirements set forth herein for any part of the Work constructed
hereunder, which during said one (1) year period is found to be deficient with respect to any
provisions of the Contract Documents. The Contractor shall make all repairs and replacements
promptly upon receipt of written orders for the same from the City’s Representative. If the
Contractor fails to make the repairs and replacements promptly, the City may do the work and the
Contractor and his sureties shall be liable to the City for the cost thereof.”
“The guarantees and agreements set forth herein shall be secured by a surety bond which
shall be delivered by the Contractor to the City before the Notice of Completion and acceptance
of the Work by the City. Said bond shall be in the form approved by the City Attorney and
executed by a surety company or companies satisfactory to the City in the amount of One Hundred
Percent (100%) of the Contract. Said bond shall remain in force for a period of one (1) year after
GENERAL PROVISIONS - 22
the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for
the Faithful Performance Bond furnished under the Contract to remain in force and effect for said
amount until the expiration of said one (1) year period.”
“The parties agree that no certificate given, with the exception of the certificate of final
payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole
or in part, and that no payment shall be construed to be in acceptance of any defective work or
improper materials. Further, the certificate of final payment shall not terminate the Contractor's
obligations under his warranty herein above. The Contractor agrees that payment of the amount
due under the Contract and the adjustments and payments due for any Work done in accordance
with any alterations of the same, shall release the City, the City Council and its officials, officers
and employees from any and all claims or liability on account of work performed under the
Contract or any alteration thereof.”
6-9 LIQUIDATED DAMAGES.
Section 6-9 of the Standard Specifications shall be amended in its entirety to read as
follows:
“Contractor agrees that if the Work is not completed within the Contract Time and/or
pursuant to any completion schedule, construction schedule or project milestones developed
pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District
will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the
District as fixed and liquidated damages the sum specified in the Contract form for each and every
calendar day of delay beyond the Contract Time or beyond any completion schedule, construction
schedule or Project milestones established pursuant to the Contract. Liquidated damages may be
deducted from any payments or other funds owing to Contractor, including progress payments, the
final payment and retentions.”
6-11 TIMES OF OPERATION
Section 6-11 shall be added to the Standard Specifications to read as follows:
“It shall be unlawful for any person to operate, permit, use, or cause to operate any of the
following, other than between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday, with
no work allowed on Owner-observed holidays, unless otherwise approved by the Engineer:
1.Powered Vehicles
2.Construction Equipment
3.Loading and Unloading Vehicles
4.Domestic Power Tools”
-END OF SECTION -
GENERAL PROVISIONS - 23
SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR.
7-2.2 Laws.
“The Contractor, its agents and employees shall be bound by and comply with applicable
provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding
anything to the contrary contained in the Contract Documents, Contractor shall comply with the
following:”
“7-2.2.1 Social Security Requirements. Contractor shall furnish to the City
satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and
regulations with respect to Social Security . The Contractor, at any time upon request, shall satisfy
the City that all necessary Social Security and other taxes are being properly reported and paid.”
“7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be
required to comply with the provisions of California Labor Code Section 1810 et seq. According
to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay
to the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution
of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which
such worker is required or permitted to work more than eight (8) hours in any calendar day or forty
(40) hours in any one (1) calendar week, except when payment for overtime is made at not less
than one and one-half (1-1/2) times the basic rate for that worker.”
“7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business
and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess
proper licenses for performance of this Contract. Contractors shall meet the California
Contractor’s license requirements set forth in the Notice Inviting Bids. Subcontractors must
possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of
the Business and Professions Code, the City shall consider any bid submitted by a contractor not
currently licensed in accordance with state law and pursuant to the requirements found in the
Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the
right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory
to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s
subcontractors, before awarding the Contract.”
“7-2.2.5 Non-Discrimination. Contractor shall not discriminate in the employment
of persons upon the Contract because of the race, creed, color, national origin, ancestry, non-
disqualifying disability, age, medical condition, marital status, sex or other classifications of such
persons protected by federal, state and local laws, rules and regulations. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall
cause an identical clause to be included in every subcontract for the contract work.”
GENERAL PROVISIONS - 24
“7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the
California Labor Code, the Contractor shall pay travel and subsistence payments to each worker
needed to execute the Work, as such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with law. To establish such travel and
subsistence payments, the representative of any craft, classification, or type of worker needed to
execute the Contract shall file with the Department of Industrial Relations fully executed copies
of collective bargaining agreements for the particular craft, classification or type of work involved.
Such agreements shall be filed within 10 days after their execution and thereafter shall establish
such travel and subsistence payments whenever filed 30 days prior to the call for Bids.”
7-3 PERMITS.
Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows:
“Unless indicated to the contrary in the Contract Documents, including the Special Provisions,
Contractor shall procure all permits and licenses (including a City business license), pay all charges
and fees, and give all notices necessary and incidental to the due and lawful prosecution of the
Work.”
7-8 PROJECT SITE MAINTENANCE.
7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard
Specifications shall be amended to add the following at the end of that Section:
“In addition, Contractor shall comply with all air pollution control rules, regulations,
ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid
asphalt shall be labeled to indicate that the contents fully comply with the applicable material
requirements.”
7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard
Specifications shall be amended to add the following at the end of that Section:
“In addition, Contractor shall comply with the provisions of the Federal Clean Water Act
as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts
122-124, the Porter-Cologne Act (California Water Code) and the Waste Discharge Requirements
for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best
Management Practices (BMPs) are listed in the California Storm Water Best Management
Practices Handbook for Construction Activities.”
WATER POLLUTION CONTROL
A. Water Quality Protection Requirements For Construction Projects With Less than 1-
Acre Of Disturbed Soil
GENERAL PROVISIONS - 25
All construction projects, regardless of size, will be required to implement best
management practices (BMPs) necessary to reduce pollutants to the Maximum Extent
Practicable (MEP) to meet the minimum water quality protection requirements as defined
in Table 2-1.
Please refer to the California Stormwater Quality Association’s Construction Handbook
available for free on their website (www.cabmphandbooks.com – Construction Handbook)
for further information regarding the BMPs listed in Table 2-1.
B. Water Quality Protection Requirements For Construction Projects With 1-Acre (or
greater) Of Disturbed Soil
In addition to the minimum BMPs required in Section A, a Storm Water Pollution
Prevention Plan (SWPPP) must be submitted to the City for all construction projects where
at least 1-Acre of soil will be disturbed. The SWPPP will include strategies for reducing
runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP
may also be required for projects smaller than 1-Acre if the City designates the project a
threat to water quality objectives.
Table 2-1
Minimum Water Quality Protection Requirements for Construction Projects
Category Minimum Requirements BMPs
1. Sediment
Control
Sediments generated on the project site shall be retained
using adequate Treatment Control or Structural BMPs.
Sediment
Control
2.Construction
Materials
Control
Construction-related materials, wastes, spills or residues
shall be retained at the project site to avoid discharge to
streets, drainage facilities, receiving waters, or adjacent
properties by wind or runoff.
Non-storm water runoff from equipment and vehicle
washing and any other activity shall be contained at the
project sites.
Site
Management;
Material and
Waste
Management
3. Erosion
Control
Erosion from slopes and channels shall be controlled by
implementing an effective combination of BMPs, such as
the limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Erosion
Control
GENERAL PROVISIONS - 26
In addition, the contractor must contact the Los Angeles Regional Water Quality Control
Board (LARWQCB) if the project will disturb 1-Acre or more of soil. Construction
activities can not begin until a Waste discharger Identification (WDID) Number is issued
by the State Water Board. The 1-Acre threshold includes the total amount of land
disturbance. For example, if four streets, each 1/4-acre in size in different parts of the City
are to be reconstructed then a WDID Number must be obtained. To request a Notice of
Intent (NOI) you must contact the Regional Board at:
Los Angeles Regional Water Quality Control Board
320 W. 4th. Street, Suite 200
Los Angeles, California 90013
Phone: (213) 576-6600; Fax: (213) 576-6640
Internet Address: http://www.swrcb.ca.gov/~rwqcb4
The SWPPP shall include:
• The name, location, period of construction, and a brief description of the project;
• Contact information for the owner and contractor;
• The building permit number for the project;
• The grading permit number for the project (where applicable)
• A list of major construction materials, wastes, and activities at the project site;
• A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
• A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;
• Non-storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;
• A maintenance and self-inspection schedule of the BMPs to determine the effectiveness
and necessary repairs of the BMPs; and
• A certification statement that all required and selected BMPs will be effectively
implemented.
Within 7 days after the City has certified the contract, the Contractor shall submit two (2)
copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14
days of receipt of the plan. If revisions are required, the Contractor shall revise and re-
submit the document within 7 days of their receipt of the City’s comments. The City shall
then have 7 days to consider the revisions made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP
at the project site. The SWPPP shall be made available upon request of a representative of
the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental
Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be
directed to the City.
C. Best Management Practices
GENERAL PROVISIONS - 27
The objective of the SWPPP is to identify potential sources of pollution that may
reasonably affect the quality of storm water discharge associated with construction
activities. The plan will describe and ensure the implementation of Best Management
Practices (BMPs) which will be used to reduce pollutants in the storm water discharges
from the construction site. A Best Management Practice is defined as any program,
technology, process, operating method, measure, or device that controls, prevents,
removes, or reduces pollution. The Contractor shall select appropriate BMPs from the
California Stormwater BMP Handbook, Municipal, Industrial, New Development, and
Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and
construction operations:
1. Construction Practices (NS2, NS3, NS4, and NS6)
2. Material and Waste Management (WM01, WM02, and WM04)
3. Vehicle and Equipment Management (NS8, NS9, and NS10)
4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2)
5. Sediment Control Practices (SE1, SE9, SE8, SE10, SE3, and SE2)
Copies of the California Stormwater BMP Handbooks may be obtained from:
California Stormwater Quality Association Los Angeles County DPW
P.O. Box 2313 Cashier’s Office
Livermore, CA 94551 900 South Fremont Avenue
www.cabmphandbooks.com Alhambra, CA 91803
Tel. No. (626) 458-6959
D. Implementation
The Contractor will be responsible throughout the duration of the project for the
installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP
and for removing and disposing of temporary BMPs. The Contractor may be required to
implement additional BMPs as a result of changes in actual field conditions, contractor’s
activities, or construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soil-disturbed areas of the project site before the onset of
precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and
equipment to fully deploy these control measures.
Throughout the winter season, active soil-disturbed areas of the project site shall be fully
protected at the end of each day with these control measures unless fair weather is predicted
through the following day. The Contractor shall monitor daily weather forecasts. If
precipitation is predicted prior to the end of the following workday, construction
GENERAL PROVISIONS - 28
scheduling shall be modified, as required, and the Contractor shall deploy functioning
control measures prior to the onset of the precipitation.
The City may order the suspension of construction operations which are creating water
pollution if the Contractor fails to conform to the requirements of this section, “Water
Pollution Control”. Unless otherwise directed by the City, the Contractor’s responsibility
for SWPPP implementation shall continue throughout any temporary suspension of work.
E. Sewage Spill Prevention
The Contractor’s attention is directed to the sewer bypass operation required during any
sewer construction (Standard Specification for Public Works Construction Section
500.1.2.4).
The Contractor shall exercise extraordinary care to prevent the cause of events that may
lead to a sewage spill. In the event of a sewage spill, the Contractor shall make
arrangements for an emergency response unit comprised of emergency response equipment
and trained personnel to be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage spills as
well as recovering and properly disposing of raw sewage. In addition, the Contractor is
responsible for any fines, penalties and liabilities arising from negligently causing a sewage
spill. Any utility that is damaged by the contractor shall be immediately repaired at the
Contractor’s expense. The Contractor shall take all measures necessary to prevent further
damage or service interruption and to contain and clean up the sewage spills.
F. Sewage Spill Telephone Notification
Should a sewage spill occur, the Contractor shall immediately report the incident to the
following two (2) City Departments:
Public Works/ Engineering (626) 569-2150
Public Safety Department (626) 569-2292
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular
telephone numbers of City representatives such as Project Managers and Inspectors, to be
reached during emergency and off-hours.
The City will notify the following:
Los Angeles County Department of Health Services (213) 974-1234
Los Angeles County Department of Public Works (800) 303-0003
Regional Water Quality Control Board (213) 576-6665 or 6600
State Office of Emergency Services (800) 852-7550
GENERAL PROVISIONS - 29
(For any significant volume of material that entered the storm drain or receiving water)
G. Sewage Spill Written Notification
The Contractor shall prepare and submit a written report within three (3) working days
from the occurrence of a spill to the City, (Attention: Project Manager). This report shall
describe the following information related to the spill:
1. The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
4. The cause
5. The type of remedial and/or cleanup measures taken and date and time implemented
6. The corrective and preventive action taken, and
7. The water body impacted and results of necessary monitoring
H. Enforcement
The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA,
environmental groups and private citizens. The Contractor shall be responsible for all costs
and liabilities imposed by law as result of the Contractor’s failure to comply and/or fulfill
the requirements set forth in Section 7.09 - “Water Pollution Control”. The costs and
liabilities include, but are not limited to fines, penalties and damages whether assessed
against the City or the Contractor.
In addition to any remedy authorized by law, any money due to the Contractor under this
contract shall be retained by the City until all costs and liabilities imposed by law against
the City or Contractor have been satisfied.
I. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control
measures and shall regularly inspect and maintain the construction site for the BMPs
identified in the SWPPP. The Contractor shall identify corrective actions and time frames
in order to properly address any damaged measure, or reinitiate any BMPs that have been
discontinued.
If the City identifies a deficiency in the deployment or functioning of identified control
measures, the deficiency shall be corrected by the Contractor immediately or by a later date
and time if requested in writing, but not later than the onset of the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.
J. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor,
materials, tools, equipment and all incidentals; and for doing all the work involved in
installing, constructing, maintaining, removing, and disposing of control measures, except
GENERAL PROVISIONS - 30
those that were installed as a part of another structure, shall be included in the unit prices
bid for the various related items of work and no additional compensation will be made
therefore.
7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the
Standard Specifications to read as follows:
“The Contractor shall comply with all local sound control and noise level rules, regulations
and ordinances, including hours of operation requirements. No internal combustion engine shall
be operated on the Project without a muffler of the type recommended by the manufacturer.
Should any muffler or other control device sustain damage, the Contractor shall promptly remove
the equipment and shall not return said equipment to the job until the device is repaired or replaced.
Said noise and vibration level requirements shall apply to all equipment on the job or related to
the job, including but not limited to, trucks, transit mixers or transit equipment that may or may
not be owned by the Contractor.”
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.4 Safety.
7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the
beginning of the first full paragraph:
“In accordance with generally accepted construction practices, the Contractor shall be
solely and completely responsible for conditions of the job site, including the safety of all persons
and property in performance of the Work. This requirement shall apply continuously and shall not
be limited to normal working hours. The Contractor's duty to preserve safety shall include, but
shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and
barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and
all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the
part of the City’s Representative or other City employee or agent to give general engineering
supervision of the Contractor's performance is not intended to include the review of the adequacy
of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and
complete responsibility for safety conditions on the Site.”
Section 7-10.4.1 shall be amended also to add the following to the beginning of the second
full paragraph:
“Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more
in depth, Contractor shall comply with all applicable provisions of the Labor Code, including
Section 6705, regarding sheeting, shoring and bracing.”
7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be
amended to add the following to the end of that Section:
GENERAL PROVISIONS - 31
“As required by Public Contract Code Section 7104, if this Contract involves digging
trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor
shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material
discovered in excavation that Contractor believes to be a hazardous waste that is required to be
removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions
at the site differing from those indicated by City; and (3) unknown physical conditions of an
unusual nature at the site, significantly different from those ordinarily encountered in such contract
work. Upon notification, City shall promptly investigate the conditions to determine whether a
change order is appropriate. In the event of a dispute, Contractor shall not be excused from any
scheduled completion date and shall proceed with all Work to be performed under the Contract,
but shall retain all rights provided by the Contract or by law for making protests and resolving the
dispute.”
7-11 PATENT FEES OR ROYALTIES.
Section 7-11 of the Standard Specifications shall be amended in its entirety to read as
follows:
“The Contractor shall include in its bid amount the patent fees or royalties on any patented
article or process furnished or used in the Work. Contractor shall assume all liability and
responsibility arising from the use of any patented, or allegedly patented, materials, equipment,
devices or processes used in or incorporated with the work, and shall defend, indemnify and hold
harmless the City, its officials, officers, agents and employees from and against any and all
liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature,
arising from such use.”
.
7-13 LAWS TO BE OBSERVED.
Section 7-13 of the Standard Specifications shall be revised in its entirety to read as
follows:
“The Contractor shall keep itself fully informed of all existing and future State, Federal
and local laws, rules and regulations, which in any manner affect those engaged or employed in
the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and
of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the
same. The Contractor shall at all times observe and comply with all such existing and future laws,
rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority
over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the
indemnification provisions of this Agreement, the Owner and its officials, officers, employees,
volunteers and agents, including, but not limited to, the Director of Public Works and the Owner
Engineer, against any claim or liability arising from, or based on, the violation or alleged violation
of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees.
The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction
of streets or the conduct of the Work, keeping open passageways and protecting the same where
they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws,
GENERAL PROVISIONS - 32
rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings,
Special Provisions, or Contract for the Work in relation to any such law, rule, ordinance,
regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in
writing.”
7-15 INDEMNIFICATION.
Section 7-15 shall be added to the Standard Specifications as follows:
“Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity,
to property or persons, including wrongful death, to the extent arising out of or incident to any
acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Work or
this Contract, including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost,
expense and risk, with Counsel of City’s choosing, any and all such aforesaid suits, actions or other
legal proceedings of every kind that may be brought or instituted against City, its officials, officers,
employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City, its officials, officers, employees,
volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse
City, its officials, officers, employees, volunteers or agents for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
The only limitations on this provision shall be those imposed by Civil Code Section 2782.”
7-16 CONCRETE FORMS, FALSEWORK AND SHORING.
Section 7-16 shall be added to the Standard Specifications as follows:
“Contractor shall comply fully with the requirements of Section 1717 of the Construction
Safety Orders, State of California, Department of Industrial Relations, regarding the design of
concrete forms, falsework, and shoring, and the inspection of same prior to the placement of
concrete. Where Section 1717 requires the services of a civil engineer registered in the State of
California to approve design calculations and working drawings of the falsework or shoring
system, or to inspect such system prior to the placement of concrete, Contractor shall employ a
registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item
price named in the Contract for completion of the Work as set forth in the Contract Documents.”
- END OF SECTION -
GENERAL PROVISIONS - 33
SECTION 9 MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK.
Section 9-2 of the Standard Specifications shall be amended to add the following at the end
of that Section:
“On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a
Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress
payments and which shall be incorporated into a form of Application for Payment acceptable to
the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction
Conference and must meet the approval of the Engineer before any payments can be made to the
Contractor.”
9-3 PAYMENT.
9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications shall
be deleted and replaced with the following two paragraphs:
“Contractor shall submit, with each of its billing invoices, a corrected list of quantities,
verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City’s
acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a
written statement of the final quantities of Contract items for inclusion in the final invoice. Upon
receipt of such statement, the City’s Representative shall check the quantities included therein and
shall authorize the Contractor to submit an invoice which, in the City Representative’s opinion,
shall be just and fair, covering the amount and value of the total amount of Work done by the
Contractor, less previous payments, applicable withholdings and retentions.”
“All retention proceeds shall be released and paid in strict accordance with Public Contract
Sections 7107 and 7201.”
Section 9-3.1 of the Standard Specifications shall be amended to also add the following at
the end of that Section:
“Payment for the various items on the Contract Bid Forms, as further specified in the
Contract, shall include all compensation to be received by the Contractor for furnishing all tools,
equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals
appurtenant to the items of Work being described, as necessary to complete the various items of
Work, all in accordance with the provisions for Measurement and Payment in the Standard
Specifications and these General Conditions, and as shown on the Drawings, including all
appurtenances thereto. Compensation shall include all costs of compliance with the regulations of
public agencies having jurisdiction over the Work, including the Safety and Health Requirements
of the California Division of Industrial Safety and the Occupational Safety and Health
Administration of the U.S. Department of Labor (OSHA).”
GENERAL PROVISIONS - 34
“No separate payment will be made for any item that is not specifically set forth in the
Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract
Bid Forms for the various appurtenant items of work.”
9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be
amended to add the following at the end of that Section:
“For purposes of this Section, the monthly payment date shall be the last calendar day of
each month. In order for the City to consider and prepare for each monthly payment, the
Contractor shall submit a detailed measurement of Work performed and a progress estimate of the
value thereof before the tenth (10th) day of the following month. The City shall review and make
payment on all approved charges within the time required by Public Contract Code Sections
20104.5 et seq.”
“Acceptance of any progress payment accompanying any estimate without written protest
shall be an acknowledgment by the Contractor that the number of accumulated contract days
shown on the associated statement of working days is correct. Progress payments made by the
Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute
a waiver of liquidated damages.”
“Subject to the provisions of Section 22300 of the California Public Contract Code, a 5
percent retention will be withheld from each payment. All invoices and detailed pay requests shall
be approved by the Engineer before submittal to the Owner for payment. All billings shall be
directed to the Engineer.”
“Pursuant to Section 22300 of the California Public Contract Code, In accordance with
California Public Contract Code Section 22300, the City will permit the substitution of securities
for any monies withheld by the City to ensure performance under the Contract. At the request and
expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the
City, or with a state or federally chartered bank in California as the escrow agent, and thereafter
the City shall then pay such monies to the Contractor as they come due. Upon satisfactory
completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall
be the beneficial owner of any securities substituted for monies withheld and shall receive any
interest thereon. The escrow agreement used for the purposes of this Section shall be in the form
provided by the City.”
“The Contractor shall submit with each invoice the Contractor’s conditional waiver of lien
for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from
the Contractor and all subcontractors and materialmen for all work and materials included in any
prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section
3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for
the Contractor’s work, together with releases of lien from any subcontractor or materialmen.”
- END OF SECTION
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT No. 21035
PART "B"
SUPPLEMENTAL GENERAL
CONDITIONS
SUPPLEMENTARY GCs-1
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
SUPPLEMENTARY GENERAL CONDITIONS
10-1 GENERAL
10-1.1 Description of Work
The project consists of coldmill and overly of existing AC Pavement, adjusting manhole
covers, water valve covers, and gas covers to grade. The project also consists of concrete
improvements to be made within the roadway segments that will be resurfaced including
removal and replacement of broken curb and gutter, ADA curb ramps, etc., per bid
schedule. Project also includes removal and replacement of raised pavement markers, and
roadway striping as well as miscellaneous work as indicated on the construction plans,
including other incidental and appurtenant work necessary for the proper completion of the
project as indicated in the appendix and other related work as described in the plans and
specifications.
10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis
for the compilation of bids, and the City of Rosemead does not expressly or by implication
agree that the actual amount of work will correspond therewith, but reserves the right to
increase or decrease the amount of any class or portion of the work or to omit portions of
the work that may be deemed necessary or expedient by the Engineer. In such case the
contract unit price shall prevail subject to the requirements of Subsection 3-2.2.1 of the
Standard Specifications.
All work incidental to this project, as described on the drawings and/or this specification
shall be considered as included within the scope of the work. The bid prices submitted by
the contractor shall include the cost of said incidentals, even though such incidentals are
not specifically mentioned in the preceding description of work to be done or in the
proposal form.
10-1.3 Equals - Whenever the names of specific products are designated in the details appearing
on the drawings or in the specifications, the intent is to state the general type and quality
of the products desired, without the intention of ruling out the use of other products of
equal type and quality. If the successful contractor wishes to make substitutions of the
products specified, he must make an application in writing to the Engineer prior to the
acceptance and installation into the project with a complete description of the alternate
products and a statement with regard to the saving to the owner, if any, in case the
substitution would be permitted. The Engineer will have the right to make the final
decision in these cases and to insist on use of particular brands of products shown on the
drawings or in the specifications, if, in his opinion, such brands will be preferable to the
Engineer, in lieu of the requested substitutions.
SUPPLEMENTARY GCs-2
10-1.4 Installation of Equipment - All materials and workmanship shall be in accordance with
the manufacturer’s specifications and instructions.
SUPPLEMENTARY GCs-3
10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK
Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard
Specifications with the following special conditions:
a.Beginning and Completion of Work: The contract time allowed for completion of
the project is THIRTY (40) working days. Work on this project shall commence no
later than ten (10) days from the date of Notice to Proceed.
b.The contractor shall submit to the Engineer a time schedule of work for the various
sequences of the major operations. Said schedule shall be submitted at least 5
working days prior to the beginning of work and shall be subject to the approval of
the Engineer.
c.Working hours on this project shall be limited to 7:00 a.m. to 4:00 p.m., Monday
through Friday with no work on Saturdays, Sundays, Holidays. Except when
authorized by the Director of Public Works or City Engineer.
d.Inspection: The City shall provide inspection for an 8-hour day for normal working
days. The City will deduct from the contractor’s invoice an amount equal to $120
per hour for inspection in excess of the foregoing, including legal holidays, City
Hall closed Fridays, and weekends.
e.Weight master certificates are source documents and it is the contractor’s
responsibility to collect the material tickets from the drivers at the delivery point,
sign and date them and submit to the City Inspector.
f.Contractor shall notify all property owners within the project limits of all activities;
written notification shall be delivered to properties at least forty-eight (48) hours in
advance of any activity.
g.The contractor and all subcontractors shall attend a pre-construction meeting at the
time, date, and place determined by the City.
h.The contractor and all subcontractors shall obtain a Rosemead Business License
prior to the start of work.
10-3 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the "Standard Specifications
for Public Works Construction (Greenbook)," latest edition, including all supplements, and
applicable provisions of Caltrans Standard Specifications, latest edition.
In case of conflict between the Standard Specifications and the Special Provisions, the
Special Provisions shall take precedence over and be used in lieu of such conflicting
portions.
SUPPLEMENTARY GCs-4
10-4 CONSTRUCTION YARD
It shall be the contractor's responsibility to locate any storage sites for materials and
equipment needed, and such sites must be approved in advance by the City Engineer.
When storage sites are located on private properties, the contractor shall be required to
submit to the City Engineer written approval from the record owner authorizing the use of
his property by the contractor, and contractor shall bear all the cost involved, and provide
necessary insurance requirements. If contractor chose one of the City owned.
The contractor accepts sole liability for the yard during the time, which it is occupied. The
contractor agrees to indemnify and hold harmless the City and ARA during the period
which the contractor occupies the site. The yard shall be fenced with City-approved
temporary chain link fence and gate(s). The yard shall be secured at all times. The
Contractor shall be responsible for required utilities, if available.
The Contractor shall store all materials in a manner, which complies with manufacturer's
recommendations and/or legal requirements.
The yard shall be maintained in a manner consistent with surrounding properties. After the
project is constructed, the Contractor shall move off of the yard and return the yard to a
condition similar to before he moved on the yard.
In order to assure these requirements are met, the Contractor shall have an
independently prepared environmental report prepared prior to Contractor
mobilization and after final cleanup.
Contractor and all subcontractors shall not be permitted to place any signage or advertising
signs on the site unless city's written approval is obtained.
10-5 UTILITIES
The contractor will obtain the locations of underground facilities from the utility companies
at least twenty-four (24) hours prior to commencing construction in such areas. At all time
the contractor shall be responsible for the protection of such facilities and shall be held
liable for damage to utilities during construction. The contractor is responsible to call
Underground Service Alert at 811 at least 72 hours prior to commencing any work.
10-6 CONSTRUCTION WATER
It shall be the responsibility of the contractor to furnish an adequate supply of water for
construction use.
10-7 AIR AND WATER POLLUTION
The Contractor shall be required to conform to all current regulations of the South
Coast Air Quality Management District. The Contractor shall also conform to Section
SUPPLEMENTARY GCs-5
402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of
municipal, industrial and construction stormwater discharges under the National Pollutant
Discharge Elimination System (NPDES) program.
10-8 HAZARDOUS MATERIAL NOTIFICATION
A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all
hazardous materials which are brought on site by the Contractor. A MSDS is required for
any product which may contain hazardous materials. The contractor must alert the City
Engineer of the quantity and type of hazardous material which will be brought on site. The
MSDS sheets must be submitted to the City Engineer at least two (2) business days prior
to starting work. The City Engineer may require the City Safety Officer or his designee to
review the MSDS for approval of use.
The contractor shall be responsible for notifying Underground Service Alert (800) 422-
4133 and all utility companies having substructures within the limits of the job. This shall
be done at least 72 hours prior to commencing construction.
10-9 PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his operations to comply with the provisions of section 7-10
of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic
Control Handbook of the American Public Works Association (WATCH Manual), latest
edition.
After award of the contract, the contractor shall submit to the Engineer his proposed
schedules for lane closing and his methods of traffic control to comply with the
requirements specified herein below. This submittal shall be made sufficiently in advance
of any rerouting or diversion of traffic by the contractor to allow for a review of the
contractor's proposed traffic control.
Any shifting of traffic from one lane to another which is necessary in order to maintain the
required number of lanes, shall be directed in such a manner that traffic may move
smoothly across the work without any sudden changes from one lane to another. Toward
this end the minimum taper allowed for detouring the traffic from one lane to another shall
be 20:1.
The contractor shall provide, throughout the period of construction, all signs which may be
deemed necessary for the safe and orderly conduct of vehicular traffic as directed by the
Engineer. All barricades used as warning and guiding devices shall bear the name of the
contractor in legible letters. Flashing arrow board(s) shall be required throughout the
construction period.
Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of
two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any
SUPPLEMENTARY GCs-6
excavation, unless otherwise specified. One lane each direction shall be maintained at all
times.
Transitions of differential road surfaces shall be maintained according to SSPWC sect.
Spillage resulting from hauling operations along any public traveled way shall be removed
immediately by the contractor.
Traffic shall not be allowed on the street until the initial sweeping is complete.
Contractor shall provide access to the existing driveways at all times. Contractor will close
only one driveway at any time to properties having more than one driveway.
10-10 PAYMENT
Payment shall be made in accordance with Section 9 of the Standard Specifications.
Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal
and will include full compensation for furnishing all labor materials, tools and equipment
and doing all the work involved in completion of the bid items. 10 % retention will be paid
35 days after Notice of Completion was recorded.
10-11 SURVEY MONUMENTS
See Section 2-9 Surveying of the General Provisions Page – 7.
10-12 CLEAN-UP
Upon completion of the work and before the final estimate is submitted, the Contractor
shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish,
unused materials, concrete forms and other materials or equipment belonging to or used by
him or any subcontractor on the work. In the event of failure to so remove, the same
may be removed and disposed of by the City at the Contractor's expense.
10-13 GUARANTEE
The contractor hereby guarantees for a period of one year that the entire work constructed
by him under this contract will meet fully all requirements thereof as to quality of
workmanship and of materials furnished by him. The contractor hereby agrees to make at
his own expense any repairs or replacements made necessary by defects in materials or
workmanship supplied by him that becomes evident within the time specified after filing
of the Notice of Completion of the work by the Engineer, and to restore to full compliance
with the requirements of these specifications, including the test requirements set forth
herein for any part of the work constructed hereunder, which during said period is found
to be deficient with respect to any provision of the specifications. The contractor also
agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from
claims of any kind arising from damage due to said defects. The contractor shall make all
SUPPLEMENTARY GCs-7
repairs and replacements promptly upon receipt of written orders for same from the
Engineer. If the contractor fails to make the repairs and replacements promptly, the owner
may doe the work and the contractor and his surety shall be liable to the owner for the cost
thereof.
Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him
shall be delivered to the owner.
The guarantees and agreements set forth in this section shall be secured by a surety bond
which shall be delivered by the Contractor to the Owner before the notice of completion
shall be filed by the Public Works Director. Said bond shall be in an approved form and
executed by a surety company or companies satisfactory to the owner, in the amount of ten
percent (10%) of the contract price. Said bond shall remain in force for a period of one
year from the date of filing of the Notice of Completion. Instead of providing a surety
bond, the contractor may, at his option, provide for the Faithful Performance Bond
furnished under the contract to remain in force for said amount until the expiration of the
required period.
10-14 SANITATION
All portions of the work shall be maintained at all times in sanitary condition. The
contractor shall provide adequate toilet facilities for all workmen and representatives of the
owner employed on the work. Such facilities shall be subject to the acceptance of the
owner as to location and type. The contractor shall maintain the same in sanitary condition
from the beginning of the work until completion and then shall remove the facilities and
disinfect the premises if necessary. The contractor shall be responsible for alleviating all
dust and nuisance conditions occasioned by his work.
Each day, at the completion of the day's work, the entire trench area and adjacent streets
shall be swept and cleaned to the satisfaction of the City Engineer or his appointed
representative. The contractor shall cover all storm drain catch basins during excavation
and sweeping operations to prevent excavated materials from entering the catch basins.
10-15 SITE MAINTENANCE
1.01 General. The Contractor shall maintain the construction site in a neat and orderly
condition, free from trash and waste construction materials at all times. Unattended
construction materials, equipment, and trash shall be left in a manner to not constitute a
fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature.
The Contractor shall provide and maintain enclosed toilets for the use of employees
engaged in the work. These accommodations shall be maintained in a neat and sanitary
condition. They shall also comply with all applicable laws, ordinances, and regulations
pertaining to public health and sanitation of dwellings and camps.
SUPPLEMENTARY GCs-8
The Contractor shall provide proper barricades with flashing lights properly working and
temporary fencing to insure a safe construction site. The Contractor shall maintain the
work site in a manner that assures adequate access to workers and other authorized
personnel.
The Contractor shall provide proper traffic control in all construction areas.
1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to
abate undue dust. Application of water for dust control shall be under the control of the
Engineer and shall be applied in the amounts and at locations designated by the Engineer
or other City Representatives.
1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm
or other water from flowing uninterrupted along the existing street drainage courses.
Diversion of water for short reaches to protect construction may be permitted if public or
private properties are not threatened with damage. Should such diversions be necessary,
the Contractor shall obtain written permission from the applicable public agency or
property owner before the Engineer will permit any diversion of water outside rights-of-
way or normal drainage courses.
1.04 Protection of Existing Improvements. Construction operations shall be conducted in
a manner that assures all permanent facilities and improvements, as well as temporary
improvements which remain during the life of this contract, are not subject to vertical
settlement or horizontal movement. The Contractor shall work around all existing utility
facilities. During construction the Contractor shall cooperate with the owners of any utility
that has manholes, vaults, valve covers or any other facilities within the construction area.
These facilities shall be completely protected by the Contractor. The Contractor shall
exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless
otherwise specified, all costs for protection of existing improvements shall be absorbed in
the various items of work and no separate payment shall be made for them.
1.05 Restoration of Existing Improvements. All existing improvements removed or
damaged during construction shall be reconstructed in accordance with the applicable
provisions of the Standard Specifications for Public Works Construction, 2021 Edition,
(hereinafter referred to as the Standard Specifications). The Contractor shall replace or
restore existing improvements to their original condition to the satisfaction of the Engineer
at no expense to the City.
1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste
material shall become the property of the Contractor and shall be disposed of by the
Contractor outside the limits of work in accordance with the applicable ordinances and
regulations of governmental agencies having jurisdiction.
1.07 Final Clean Up. After completion of all other work required under the contract, the
Contractor shall, at no expense to the City, clean up the work site including any and all
properties used by the Contractor during construction to the satisfaction of the Engineer.
SUPPLEMENTARY GCs-9
The Contractor shall remove and dispose of all excess materials. The Contractor shall
repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or
nature which has been moved, damaged or altered in any way by the Contractor’s
operations. The Contractor shall return all roadway and adjoining surfaces to their original
condition and appearance.
The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing
asphalt pavement or concrete pavement during paving operations. The Contractor shall
slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive)
all asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on
the concrete pavement, Contractor shall sand blast the affected area to its original condition
and to the satisfaction of the Engineer or City Representatives at no additional cost. Any
and all of these requirements shall be at the Contractor’s expense.
1.08 Payment. No separate payment will be made for Site Maintenance. All costs for
furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work
involved, as specified herein and as directed by the Engineer, shall be included in the prices
bid for the various contract items of work.
10-16 CLEARING AND GRUBBING
2.01 General. Clearing and Grubbing shall conform to Section 300-1, “Clearing and
Grubbing” of the Standard Specifications. In addition, the following items of work are
included under Clearing and Grubbing, unless otherwise covered by specific bid items:
A. Maintaining dust control at all times by watering and sweeping.
B. Providing traffic control and maintaining access, security and safety including all
signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in
these specifications.
C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve
covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing
structures.
D. Removing, storing, and replacing removable and portable items and their safe
handling and keeping.
E. Providing temporary pumps, conduits, and any other necessary means to convey
waste waters in order to bypass the construction as needed and as approved by the Engineer.
F. Saw cutting Portland cement concrete and asphalt concrete pavement for
construction of smooth and straight joins.
G. Providing shoring, sheeting, bracing, etc. for excavations.
SUPPLEMENTARY GCs-10
H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other
landscaping items interfering with the construction of improvements.
I. Removing and disposing of all existing improvements interfering with the
construction of new improvements and/or as required elsewhere in these specifications and
not included in other bid items.
J. Restoring landscaping or any other miscellaneous improvements damaged during
construction.
K. Removing, replacing, backfilling, and compacting miscellaneous earthwork
resulting from removing existing improvements that are not replaced and where
excavations were made for concrete forming.
L. Backfilling areas with clean topsoil; grading to join elevation of newly constructed
curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or
approved equal by the Engineer until the grass is established.
M. Providing all necessary means to prevent tracking of asphalt oil on existing or new
asphalt pavement including a water truck during the paving operation and for restoring
areas where asphalt oil was spilled.
N. Coordinating the construction with all utility companies.
O. Obtaining permit from the appropriate water company for connection to fresh water
source and delivering water to the point of use and assuming payment of all fees and
payment for water used.
2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum
price under Bid Item No. 1. Payment of the lump sum price bid shall include full
compensation for furnishing all labor, materials, tools, and equipment, and doing all work
involved in Clearing and Grubbing as specified above and as directed by the Engineer.
10-17 CONTRACTOR’S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE
PROJECT
3.01 General. Due to the nature of this project involving some inconveniences, the
Contractor shall respond to all complaints associated with the project that include any
alleged damage to private property and/or vehicles, within 24 hours of notification. Failure
to comply with this provision will result in an additional penalty of $50.00 per occurrence.
The City reserves the right, after 24 hours of notification, to respond to the complaint and
repair the alleged damage. The Contractor shall reimburse the City for all costs involved
in addressing the complaint, including any administrative costs incurred by the City.
3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute
notices informing those affected that construction will be performed in proximity to their
SUPPLEMENTARY GCs-11
property. The notice shall be distributed not less than 48 hours before commencement of
work. The Contractor shall provide a sample notification to the Engineer for approval.
3.03 “NO PARKING” Signs. The Contractor shall post temporary “NO PARKING” signs
at no cost to the City. The “NO PARKING” signs will be in place not less than 48 hours
prior to performing the work.
3.04 Payment. No separate payment will be made for Contractor’s Responsibilities
Before Commencement of the Project. All costs for furnishing all labor, materials, tools,
and incidentals and doing all the work involved, as specified herein and as directed by the
Engineer, shall be included in the prices bid for the various contract items of work.
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
PART "C"
TECHNICAL PROVISIONS
TECHNICAL PROVISIONS TP-1
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
TECHNICAL PROVISIONS
A. General:
1. The Contractor shall obtain a no-fee Construction Permit before commencing construction
from the City.
2. Scope of the Work covered by Contract Documents:
The work consists of furnishing all materials, equipment, tools, labor, and incidentals as
described in detail in the Bidding and Contract Documents, Plans and Specifications to
construct the project. Major work components include asphalt concrete coldmill and
overlay, localized full depth asphalt concrete replacement at various locations (pothole
repair), markings and striping at various locations Citywide.
3. The Contractor shall accept the site and the character of the work as they exist on the first
day of work under this contract.
4. Limits of Work:
Limits of work shall be the legal property boundaries of the project site unless modified by
Contract limit lines indicated on the plans or as noted otherwise.
Prior to commencing work on any area, the Contractor shall verify and coordinate them with
the Engineer to ascertain the actual limits of work.
5. The Contractor shall take note that the final limits of AC pavement removal and
reconstruction shall be coordinated and determined by the City Engineer during construction.
6. Project Schedule
The Contractor shall submit a Construction Schedule to City Engineer prior to beginning
construction. No work may be started until a Notice to Proceed is issued by the City. A
Notice to Proceed shall not be issued until the Schedule has been approved in writing. The
work shall be scheduled to assure that construction will be completed within the specified
time. The Contractor shall be held responsible for coordination of all phases of the operation
so that the time schedule can be met.
The Contractor shall provide to the City all required contract bonds and evidences of
insurance prior to the issuance of “Notice to Proceed” by the City.
TECHNICAL PROVISIONS TP-2
If the Contractor desires to make a major change in its method or operations after
commencing construction or if its Schedule fails to reflect the actual progress, the Contractor
shall submit to City Engineer a revised Construction Schedule. Said Schedule shall be
submitted in advance of beginning revised operations or within two (2) working days after
notification by the City Engineer. City Engineer may suspend all progress payments if the
Contractor fails to comply.
7. Notice to Proceed
The Contractor shall not commence work until a Notice to Proceed has been issued by the
City to the Contractor.
Prior to the issuance of Notice to Proceed the Contractor shall provide the following:
a. The Contractor shall provide all required contract bonds and evidences of insurance
to the City;
b. The Contractor shall submit a Construction Schedule to City Engineer;
c. Obtain a no-fee Construction Permit from the City
Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated
to perform any work and the City shall not be obligated to accept or pay for any work
performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge
of work being performed prior to delivery of the Notice to Proceed shall not obligate the City
to accept or pay for such work.
The construction date shall begin within 10 days after “Notice to Proceed” is issued by the
City to the Contractor.
8. Contract Time
Working hours are between 7:00 a.m. and 4:00 p.m. Monday through Friday, excluding
legal holidays and weekends.
During periods when weather or other conditions are unfavorable for construction, the
Contractor shall pursue only such portions of the work as shall not be damaged thereby. No
portions of the work whose acceptable quality or efficiency will be affected by any
unfavorable conditions shall be constructed while those conditions exist. It is expressly
understood and agreed by and between the Contractor and the City that the Contract time for
completion of the work described herein is a reasonable time taking into consideration the
average climatic and economic conditions and other factors prevailing in the locality of the
work.
9. Delay in Obtaining Materials:
No extension of time will be granted for a delay caused by the inability to obtain materials
unless the Contractor either obtains advance written approval from City Engineer or obtains
from the supplier and furnishes to the Engineer documentary proof that such materials could
TECHNICAL PROVISIONS TP-3
not be obtained due to war, government regulations, labor disputes, strikes, fires, floods,
adverse weather conditions necessitating the cessation of work, or other similar action of the
elements. The Contractor is required to order materials in a timely manner as specified in
the "Instruction to Bidders".
10. Contract Documents
The Contractor shall maintain at the job site one (1) set of Contract Documents to include
Plans & Specifications, Standard Plans, and Standard Specifications for Public Woks
Construction. At the end of each working day, the Contractor shall submit to the Inspector an
accurate "as-built" drawing of any changes that occurred from the approved plans and
drawings, including Change Order work, changed conditions in the field, and/or claimed
extra work. The Contractor shall be responsible to obtain the Inspector's written approval of
the accuracy of said drawing. No invoice will be accepted for processing until all work
included therein is accurately shown on the record drawings.
11. It shall be the Contractor's responsibility to completely remove all "construction graffiti"
(spray paint or other marking for utilities, survey points and construction limits) prior to
acceptance of the work as completed.
12. All cost for complying with the requirements of this section shall be included in the various
items of the bidding schedule unless specified otherwise.
B. Construction Staking:
1. The Contractor shall be responsible for construction staking.
2. Unless otherwise provided in the special provision, lines and grades for the construction shall
be the responsibility of the contractor, with the following provisions:
3. All work under this contract shall be built in accordance with the lines and grades shown on
the plans. Field survey for establishing these, and for the control of construction, shall be the
responsibility of the Contractor. All such survey work including construction staking shall be
done on all items ordinarily requiring grade and alignment, at intervals normally accepted by
the agencies and trade involved.
4. The Contractor shall provide a copy of the office calculations and grade sheets to the City
Engineer. The Contractor shall be responsible for any error in the finished work, and shall
notify the Engineer, in writing, within 24 hours of any discrepancies, or design errors during
the construction staking.
5. All the Survey Monuments and Bench Marks removed and/or altered during the construction
shall be reset and certified "corner records" shall be submitted by the Land Surveyor, to the
Engineer prior to the final acceptance of the construction.
6. Payment for surveying, construction staking, setting of the Survey Monuments and Bench
Marks, preparing corner records, professional services, office and field calculations,
TECHNICAL PROVISIONS TP-4
furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work
involved, shall be considered as included in the items of work for which the surveying work
is performed, and no additional compensation will be allowed.
C.Materials:
1.Material Specifications:
Whenever any material is specified by name and number thereof, such specifications shall be
deemed to be used for the purpose of facilitating a description of the materials and
establishing the quality of the materials to be used. All materials shall be new and the best
of their class and kind. No substitution will be permitted which has not been approved in
writing by the Engineer.
2.Material List:
3.A complete material list shall be submitted prior to performing any work. Catalog data and
full descriptive literature and manufacturer's specifications and installation instructions shall
be submitted whenever the use of items different than those specified is requested.
4.The material list shall be submitted using the following sample layout (double spaced
between each item).
Item No. Description Manufacturer Model Number
1.material ABC Corp. XXX
5.Approval of Substitutes:
6.Approval of any items, alternates or substitutes indicates only that the product(s) apparently
meet the requirements of the drawings and specifications based on the information and/or
samples submitted.
7.Contractor's Responsibility:
8.Manufacturer's warranties shall not relieve the Contractor of liability under these
Specifications. Such warranties only shall supplement the Contractor's responsibility.
D.Inspection and Testing:
All work covered by this Contract Documents shall be inspected by the City Engineer or his designee. Request for inspection service shall be made 24 hours in advance.
All materials furnished and all work performed under the Contract shall be subject to review
and approval by the City Engineer or his designee. Such review may include mill, plant,
shop, nursery, or field inspection as required. City Engineer or his designee shall be permitted
access to all parts of the work, including plants where materials are manufactured or fabricated,
and shall be furnished with such materials,
TECHNICAL PROVISIONS TP-5
information and assistance by the Contractor and its subcontractors and suppliers as is required
to make a complete and detailed inspection.
The City will provide standard progress building and public works inspection at no cost to the
Contractor. Contractor shall arrange and pay for all other inspections required by ordinance or
governing authorities, including tests in connection therewith, as may be assigned to it in other
sections of the specifications.
Where required by the Building Code, specialty inspectors shall be provided by the City at no
cost to the contractor. The Contractor shall request specialty inspector at least forty-eight (48)
hours in advance of an anticipated inspection.
City shall perform compaction tests as required.
It shall be the Contractor's responsibility to obtain Inspection in a timely manner prior to
proceeding with any phase of construction. The Contractor shall neither allow nor cause any of
its work to be covered or enclosed until it has been inspected, tested and approved by the Director
of Public Works and Development Services or his/her designee.
City Engineer will make, or have made, such inspections and tests as he deems necessary to see
that the work is being accomplished in accordance with the requirements of the Contract. In the
event such inspections or tests reveal non-compliance with the requirements of the Contract, the
Contractor shall bear the cost of such corrective measures deemed necessary by the Director of
Public Works and Development Services or his/her designee, as well as the cost of the subsequent
re-inspection and re-testing. It shall be understood and agreed that the inspection or making of
tests shall not constitute an acceptance of any portion of the work nor relieve the Contractor from
compliance with the terms of the Contract.
Work done in the absence of prescribed inspection may be required to be removed and replaced
under the proper inspection, and the entire cost of removal and replacement, including the cost
of all materials which may be furnished by the City and used in the work thus removed, shall be
borne by the Contractor, regardless of whether the work removed is found to be defective or not.
Work covered without the authority of City Engineer shall, upon order of the City Engineer, be
uncovered to the extent required, and the Contractor shall similarly bear the entire cost of
performing all the work and furnishing all the materials necessary for the removal of the covering
and its subsequent replacement.
E. Utilities:
1. Before starting work, the Contractor shall verify the locations and elevations of all existing
utilities by contacting Underground Service Alert at 811, at least 48 hours in advance.
Existing utilities have been carefully located and shown on Los Angeles Record office
records plans provided by utility companies. The Contractor shall notify the utility
companies and agencies listed below before beginning excavation and shall coordinate his
work with them.
TECHNICAL PROVISIONS TP-6
2. The Contractor shall provide coordination with all the utility companies involved and shall
provide protection from damage to their facilities. The Contractor shall be responsible for
repair or replacement to said facilities made necessary by its failure to provide required
protection. The Contractor is required to include utility requirements in the Construction
Schedule.
3. The Contractor shall notify all utility agencies and owners of all facilities within the area of
construction a minimum of five (5) work days in advance of performing any work within said
area.
4. The Contractor shall protect all utilities and other improvements which may be impaired
during construction operations. It shall be the Contractor's responsibility to ascertain the
actual location of all existing utilities, including service laterals, and other improvements
indicated on the drawings that will be encountered in its construction operations, and to see
that such utilities or other improvements are adequately protected from damage due to such
operations. The Contractor shall take all possible precautions for the protection of
unforeseen utility lines to provide for uninterrupted service and to provide such special
protection as may be directed by the Engineer.
The Contractor shall be solely responsible to check all utility record maps, books, and/or
other data in the possession of the City, other agencies, and/or all utility companies, and no
allowance shall be made for any failure to have done so.
5. Affected storm drain and sewer manhole frames and covers shall be adjusted to grade by the
Contractor.
For this project, it is required that the Contractor shall adjust affected water valve to grade in
coordination with the water purveyor. The respective water purveyor will provide new
water/valve cans when required. The water purveyor will have the option to adjust their own
valve/water cans without addition or deduction cost to the Contractor.
So. California Gas, Verizon, So. California Edison, and Telecommunication structures shall
be adjusted to grade by the respective owners. It shall be the Contractor’s responsibility to
notify and coordinate the needed work with the respective utility owners. Notification and
coordination by the Contractor shall be done no less than 5 days of the need of the work.
All cost related to utility adjustment to grade including notification and coordination shall be
considered included in the cost of AC pavement construction under applicable bid items.
F. Phasing:
To provide minimum inconvenience to the public particularly the residence and business
owners, occupants and the travelling public, the Contractor shall execute the project in phases
and adhere to the Traffic Control Requirements below.
Prior to the start of construction, the Contractor shall prepare and submit his/her phasing
program to the Engineer for review.
TECHNICAL PROVISIONS TP-7
G. Traffic Control Requirements:
1. The Contractor shall be responsible to furnish, install and maintain such devices which are
necessary to provide safe and efficient passage for the traveling public through the work area,
for the safety of personnel present in the work area, and to minimize inconvenience.
2. All work and materials to implement construction staging and traffic control shall comply
with the California Manual of Uniform Traffic Controls Device (CA MUTCD). Signs,
markings, striping, barricades, delineators and all materials shall conform to applicable
Caltrans standards and specifications.
3. The use of flagmen may be required if deemed so by the City Engineer. Adequate flagmen,
construction signs barricades, delineators, and arrow boards shall be used to the satisfaction
of the City Engineer. Adequate traffic control shall always be maintained through the
construction zone.
4. Traffic control through the project area shall conform to the requirements of Section 7-10,
“Public Convenience and Safety,” (SSPWC).
5. The Contractor shall not allow traffic to travel on natural ground, subgrade, or aggregate
base material. Traffic must only be allowed on a firm asphalt surface. A temporary ac
pavement may be used for this reason to allow traffic.
6. The Contractor shall maintain a minimum of 5 feet clearance from the vertical edge of
excavation.
7. The Contractor shall not be allowed to leave vertical edge over 1” within the street pavement
when the pavement is open to traffic except along the edge of gutter. Otherwise, the
Contractor shall construct temporary AC transition at edges including around the edges of
utility structures.
The transition at traverse edge to through traffic shall be 6:1 slope, at longitudinal edge shall
be 4:1 slope and at driveways ramped at 6:1 slope.
8. Ingress and egress of vehicle to all driveways shall be maintained at all time except when
arranged in advance by the Contractor with the respective residence.
9. The Contractor shall maintain one 10’ wide minimum traffic lane in each direction at all time.
10. No street or one traffic direction closure shall be allowed unless approved by the City
Engineer 48 hours prior to the closure and subject to the following condition:
a. The Contractor shall submit a detour plan prepared by a Civil Engineer in the State of
California, for approval by the Engineer.
TECHNICAL PROVISIONS TP-8
b. Notify the following Agencies two (2) working days before closing or partially closing
any street or alley:
11. The Contractor shall install, maintain, and remove all temporary delineators, barricades,
lights, warning signs and other facilities necessary to control traffic as specified in the CA
MUTCD.
12. All traffic lanes shall be open at the end of working hours of each day, unless approved by
the City Engineer.
13. Payment for traffic control shall be included in various bid items of the Bid Schedule.
H. CLEARING AND GRUBBING:
a. The following paragraphs shall be added to Subsection 300-1.3, Removal and Disposal of
Materials of the SSPWC:
“CONTRACTOR shall remove and transport debris and rubbish in a manner that will
prevent spillage on streets or adjacent areas. Cleanup of spillage will be at
CONTRACTOR’S expense.
Unless noted otherwise elsewhere on the contract documents, all materials indicated to
be removed shall be recycled immediately at the CONTRACTOR’s expense at a site
approved by the Engineer, per the requirements highlighted in Subsection Part 1.28 Solid
Waste Management and Recycling Plan. No demolished materials shall be stored in
the Work Area or Staging Area at any time, but instead shall be removed and recycled
immediately.
Contractor shall not start any removal work unless it is prepared to perform
reconstruction work immediately without interruption from the time removals begun,
unless otherwise approved by the Engineer”.
b. Add the following to subsection 300-1.3.2, Requirements of the SSPWC:
“Where Full Depth Localized Asphalt Concrete Pavement Repair are required, the
existing AC pavement section is not known and may vary. For this project, the upper
4” of the AC pavement section is considered AC pavement and underneath it is
considered base material.”
c. Remove subsection 300-1.4, Payment of SSPWC and replace with the following:
“Payment for clearing and grubbing including recycling shall be considered included
in various bid items except for other removal items as listed and described in the bid
schedule”.
I. FULL DEPTH LOCALIZED ASPHALT PAVEMENT REPAIR
TECHNICAL PROVISIONS TP-9
A.Full Depth Localized Asphalt Concrete Pavement Repair (FDLAPR) option shall include
the following:
1.) Remove 10” thick AC pavement section. As discussed above under subsection Part
2-SPECIAL PROVISIONS, Clearing and Grubbing: “The existing AC pavement
section is not known and may vary. For this project, the upper 4” of the AC
pavement section is considered AC pavement and underneath it is considered base
material.”
2.) The exposed subgrade shall be scarified to a minimum depth of 8” inches, moisture
conditioned moisture conditioned to the optimum moisture content, and
recompacted to a minimum of 95% relative compaction.
3.) Construct 10” thick AC pavement section consisting of 4” AC over 6” crushed
aggregate base.
4” thick AC pavement shall consist of 1.5” AC wearing course, Type C2-PG
64-10, on 1.5” AC base course, Type B-PG 64-10.
4.) Apply tack coat on the AC base course prior to construction of 1.5” AC wearing. Tack
coat is further described below.
5.) The Contractor shall adjust all affected utility structures to grade per subsection 5,
Utilities, above.
B.Location of the construction FDLAPR shall be determined by the Engineer during
construction
C.Payment: All cost to construct Full Depth Localized Asphalt Pavement Repair shall be
paid per Square Feet (SF) of the FDLAPR surface area and shall include removal of
pavement section, scarification, tack coat and construction of asphalt pavement section,
adjustment of utility structures to grade per subsection 5, Utilities above.
J.TACK COAT
i.Tack Coat per subsection 302-5.4 of SSPWC and add the following:
1.) Tack coat material for overlay shall be PG 64-10 applied at a rate of 0.05 gallons per
square yard applied at a minimum of 350 degrees Fahrenheit from a distributor truck
with a functioning heating element capable of raising the temperature by 3 degrees
Fahrenheit per hour.
2.) On the construction of new AC pavement section, tack coat shall be applied on base
course before the wearing course is applied.
3.) Tack coat shall be placed so far ahead of paving that the tack coat is tracked away by
trucks from more than 20 percent of the tracked area.
TECHNICAL PROVISIONS TP-10
4.) Tack coat for joints on trenches and remove and replace repairs shall be uniformly
applied at .20 gallons per square yard PG 64-10 or two coats SS1h applied uniformly
at .20 gallons per square yard each coat.
5.) The CONTRACTOR shall place the tack coat in a manner to prevent vehicles from
driving through the tack coat.
ii.Measurement and Payment subsection 302-5.4 of SSPWC, revise to:
Full compensation for tack coat shall be included in the Bid Item for AC coldmill and
overlay, and Full Depth Localized Asphalt Pavement Repairs of the Bid Schedule.
K. COLD MILLING OF EXISTING AC PAVEMENT (1.5” DEEP)
Cold mill shall conform to the provisions of Section 302.1 of the Standard Specifications For
Public Work Construction and add the following:
a.The Contractor shall cold mill existing AC pavement as specified on the plans.
b.During the cold milling operation, the Contractor shall sweep the street with mechanical
equipment and remove all loosened material from milled areas. The Contractor shall
abate dust nuisance by cleaning, sweeping, and sprinkling with water (recycled water, if
available) or other means as necessary.
c.All Asphalt Concrete material covering existing concrete improvement shall be removed
as directed by the City Engineer at no additional cost to the City.
d.After grinding and removing the specified thickness of the existing asphalt concrete layer
and before adding the new asphalt concrete overlays, all damaged areas and cracks shall
be repaired, sealed and patched properly. Cracks wider than ¼” should be sealed, loose
pavement removed and patch, spalls repaired, and broken slabs or punch outs replaced. all
joints and cracks greater than ¼ inch and less than 1.5 inches in size shall be filled with
Crafco Polyflex III or equal. Filler shall be within 1/8 inch below and flush with existing
pavement surface and squeegeed, as necessary, to attain this result. If any localized deep
failure area is observed after grinding, the existing pavement section within such area
should be completely removed and replaced with new asphalt concrete and base section.
Delete sentence under subsection 302-1.12 and replace with the following:
“Payment for Cold Milling Existing AC Pavement (1.5” Deep) shall be considered
include under Cold Mill 1.5” existing asphalt pavement and construct 1.5” AC overlay
bid item”.
L.ASPHALT CONCRETE PAVEMENT OVERLAY
i.PREPARATION OF EXISTING ASPHALT SURFACE TO RECEIVE ASPHALT
OVERLAY
TECHNICAL PROVISIONS TP-11
1.) The existing pavement surface to receive asphalt concrete overlay, shall be cleaned by
sweeping with a power broom, and shall be free of dust, dirt, vegetation, loose foreign
matter, grease, oil or any other type of objectionable surface films.
2.) Where vegetation exists on existing pavement surfaces, the vegetation should be
removed to the outer edges of the existing pavement and the resultant area shall be
treated with herbicide.
3.) Bumps, waves, depressions and corrugations which impair the riding qualities of the
existing pavement surfaces shall be removed or leveled to produce a smooth tight
surface.
4.) Where vegetation exists in cracks, the vegetation shall be removed and the cracks
cleaned to a depth of two inches where practical, treated and filled as directed by the
Engineer. All cracks shall be cleaned, free of moisture, treated with herbicide and
filled level to the surface with an asphalt based crack filler.
5.) Prior to applying overlay material, when all repairs are completed and the existing
surface has been thoroughly cleaned over the full width to be treated, a tack coat shall
be applied to ensure uniform and complete adherence of the overlay. Particular care
shall be taken to thoroughly clean the outer edges of the existing pavement to be treated.
ii. ASPHALT CONCRETE PAVEMENT
The Contractor shall incorporate the following exceptions, additions or deletions to Section
302-5, “Asphalt Concrete Pavement”, (SSPWC):
1.) Roadway asphalt pavement overlay shall be C2 PG 64-10.
2.) Asphalt pavement overlay and reconstruction shall include the adjustment of manholes
and other structure to grade per Subsection 403-3 of the SSPWC and adjustment of
other utility structures to grade per subsection 5 above.
3.) Rolling shall comply with Sections 302-9.5 and 302-5.6 of the Standard Specifications.
Rolling along a joint shall be such that the widest part of the roller is on the hot side of
the joint. Join lines between successive runs shall be within 6 inches of lane lines or a
minimum of 12 feet outside of the outer most lane line.
4.) Removal of all AC slurry seal residue from gutter lip should be completed prior to
paving. Diesel fuel shall not be used for cleaning purposes within the limits of this
project.
5.) Contractor shall have sufficient power brooms on site during all periods if distribution
on site during all periods of distribution and spreading to provide cleanup of haul routes
and work areas. Powerbrooms shall provide miscellaneous cleanup of AC spoils as
directed by the Engineer. Power brooms shall not be operated more than 80% full of
sweepings.
TECHNICAL PROVISIONS TP-12
6.) Contractor shall maintain a functioning infrared heat measurement device in close
proximity to each paving machine at all times. Contractor shall provide a pavement
temperature reading, with an infrared heat measurement instrument, when requested
by the Engineer. INACCESSIBILITY OF A HEAT MEASUREMENT SHALL BE
CAUSE FOR TERMINATION OF PAVING OPERATION.
7.) Two initial complete passes with the breakdown roller shall be provided. Initial
breakdown rolling shall be performed close enough to the paving machine and at a
pavement temperature high enough such that pavement temperature after two passes
exceeds 240 degrees Fahrenheit.
8.) Immediate rolling shall be provided such that a total of six passes are performed before
pavement temperature drops below 200 degree Fahrenheit.
9.) The Contractor shall join all gutter lips such that the finished AC surface is three-
eighths (3/8") inches above gutter lip.
10.) Temporary asphalt concrete work where required by the Engineer for traffic control or
other purposes shall be considered included in the price bid for Traffic Control and no
additional compensation will be allowed therefor.
11.) To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly
oiled with linseed oil or soybean oil or approved equal. Diesel fuel will not be allowed
on the project at all for oil down of any equipment.
12.) Watering of area to prevent tracking of material will be allowed if no water enters the
storm drain system and the Contractor adheres to all local and state water quality
regulations, and these Contract Documents.
13.) Rolling along a joint shall be such that the widest part of the roller is on the cold side
of the joint.
14.) Rubber tire rollers shall be used on any leveling course.
15.) At a minimum, two complete passes with the breakdown roller shall be
provided. Initial breakdown rolling shall be performed close enough to the paving
machine and at a pavement temperature high enough such that the pavement
temperature after two passes exceeds 240 degrees Fahrenheit. Intermediate rolling
shall be provided such that a total of six passes are performed before pavement
temperature drops below 200 degrees Fahrenheit. An additional intermediate roller
may be required to achieve this result. A finish roller shall be provided in addition to
intermediate rolling.
16.) Trunk Sewer Manholes shall be adjusted by the contractor per Los Angeles County
Sanitation District procedure.
TECHNICAL PROVISIONS TP-13
17.) At least 15 working days prior to commencing work, the Contractor shall submit a cold
mill and paving schedule to the Agency for approval. This schedule shall allow
residents on the streets to be cold milled and paved ample “on street” parking within a
reasonable distance from their homes. Based upon the schedule, the Contractor will
notify schools, residents, and businesses of the proposed work and post temporary “NO
PARKING” signs at no cost to the Agency. The “NO PARKING” signs will be in
place not less than 48 hours prior to performing the work; therefore a request for
changes in the schedule requiring additional posting shall be submitted by the
Contractor for approval by the Engineer at least 10 working days prior to the streets
affected. The contractor shall coordinate with City’s street sweeping and trash
hauling contractors and schedules to avoid conflicts.
Payment:
Full compensation of asphalt pavement overlay shall be included in the Bid Item Cold
Mill 1.5” Existing Asphalt Concrete and construct 1.5” AC overlay and it shall be paid
per Square Feet (SF) and shall include cold milling, AC overlay, preparation,
application of tack coat and adjustment of utilities to grade and incompliance with all
the applicable requirements as stated in the Contract Documents.
M.PAVEMENT STRIPING AND MARKERS:
1.General
a.All work shall conform to the latest edition of Caltrans Standard Plans, Standard
Specifications, and California Manual on Uniform Traffic Control Devices (CAMUTCD).
b.Pavement striping and markers including centerlines, lane lines, limit lines, crosswalks,
legends and all other pavement markings shall be thermoplastic. Traffic striping, raised
pavement markers, reflective materials, the application of thermoplastic striping and
pavement markings, and the installation of raised pavement markers shall conform to the
provisions in the Caltrans Standard Specifications, Sections 84, “Traffic Stripes and
Pavement Markings” and Section 85, “Pavement Markers”.
c.Striping details, pavement legends and symbols shall conform to those in Caltrans Standard
Plans. Pavement legends and symbols shall be white, unless noted otherwise.
d.Lane line and/or centerline pavement delineation, where existing or called for on the Plans,
shall be provided at all times for traveled ways open to public traffic. Whenever the Work
causes obliteration of pavement delineation, temporary pavement delineation or permanent
traffic stripes of the appropriate color and detail shall be in place. In the locations shown
on the Plans, prior to opening the travelled way to public traffic.
e.Striping shall be cat tracked and approved by the City Inspector prior to final installation.
TECHNICAL PROVISIONS TP-14
f. All conflicting existing striping, painted symbols and raised pavement markers shall be
removed. The removal of painted markings and raised pavement markers shall conform to
the provisions of the Caltrans Standard Specifications.
g. Thermoplastic pavement marking materials and installation shall conform to Caltrans
Standard Specifications Section 84-2. Materials shall consist of extruded Alkyd Binder
Thermoplastic in conformance with State Specification 8010-19A. Application shall be by
ribbon or extruded methods only (no spraying).
h. Pavement damaged due to removing raised pavement markers shall be repaired to the
satisfaction of the City Inspector.
i. All lane lines at intersection approaches and departures shall begin and end with 50-feet of
4-inch solid white line.
j. Payment
Pavement marking and striping shall be paid per Lump-Sum and shall include removal of
existing pavement striping, legend and markings and installation of new pavement striping,
legend and marking as indicated on the plan.
N. CONSTRUCTION PROJECT INFORMATION AND FUNDING IDENTIFICATION
SIGN:
1. The CONTRACTOR shall furnish and install a total of one (1), Type H, 84 inch by 78 inch
Construction Project Information and Funding Identification signs at locations designated
by the Engineer, one sign for each direction of travel, before starting major construction
activities visible to roadway users. Upon completion of the project, the CONTRACTOR
shall remove and dispose of Construction Project Information and Funding Identification
signs. Manufacturing details for Construction Project Information and Funding
Identification signs are available at:
http://www.dot.ca.gov/hq/traffops/engineering/control-devices/projectinfosigns.htm
The CONTRACTOR shall coordinate with the Agency for design requirements including:
agency logos, temporary mounting system, and exact locations. The CONTRACTOR shall
submit shop drawings of the sign, posts, and foundation, in accordance with the Special
Provisions.
2. The contract unit price paid per each for Construction Project Information and Funding
Identification Sign shall be considered as full compensation for furnishing all labor,
materials, tools, equipment and incidentals, signs, temporary mounting system, posts, and
foundation.
CITY OF ROSEMEAD
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT No. 21035
PART "D"
APPENDIX
APPENDIX A – FEDERAL REQUIREMENTS
COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG)
PROGRAM INSTRUCTIONS AND FORMS
Summary of Contract Provisions for Inclusion in the
Notice Inviting Bids
:This contract will be
funded in whole or in part with federal housing and community development
funds. The Federal Labor Standards Provisions, including prevailing wage
requirements of the Davis-Bacon and Related Acts will be enforced.
This is project is a public work in the State of California, funded in whole or in part with
public funds. Therefore, the higher of the two applicable prevailing wage rates, federal
or state, will be enforced. The Contractor’s duty to pay State prevailing wages can be
found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7
outline the penalties for failure to pay prevailing wages and to employ apprentices,
including forfeitures and debarment. The State Wage Decision is on file at the City
Clerk’s office, and is also available online at http://www.dir.ca.gov/dlsr/.
Apprenticeship Program:Attention is directed to Sections 1777.5, 1777.6 and 1777.7
of the California Labor Code and Title 8, California Administrative code, Section 200 et
seq. to ensure compliance and complete understanding of the law regarding
apprentices.
Section 3 Statement:
. First preference will be given to a bidder who
provides a reasonable bid and is a qualified Section 3 Business Concern. Second
preference will be given to a bidder who provides a reasonable bid and
commits to achieving the Section 3 employment, training and subcontracting
opportunity goals by submitting a written commitment (Economic Opportunity
Plan).
).
:
:
:
Conflict of Interest:In the procurement of supplies, equipment, construction, and
services by sub-recipients, the conflict of interest provisions in 2 CFR .
shall apply. No employee, officer or agent of the sub-
recipient shall participate in selection, or in the award or administration of a contract
supported by Federal funds if a conflict of interest, real or apparent, would be involved.
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
1
HUD-4010 U.S. Department of Housing and Urban Development
Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being
assisted by the United States of America, and the following Federal Labor Standards Provisions are
included in this Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i.All laborers and mechanics employed or working upon the site of the work (or otherwise working in
construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR
5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they
have not been attached to the contract. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or programs which
cover the particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification(s) of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer’s payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including any
additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon
poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by the workers.
ii. Frequently recurring classifications
A.In addition to wage and fringe benefit rates that have been determined to be prevailing under
the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f),
wage and fringe benefit rates for classifications of laborers and mechanics for which conformance
requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1.The work performed by the classification is not performed by a classification in the wage
determination for which a prevailing wage rate has been determined;
2.The classification is used in the area by the construction industry; and
3.The wage rate for the classification bears a reasonable relationship to the prevailing wage rates
contained in the wage determination.
B.The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage
and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A.The contracting officer must require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract be
Exhibit 02
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
2
classified in conformance with the wage determination. Conformance of an additional classification
and wage rate and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of
classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives, and the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30–day period that additional time is necessary.
D. In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30–day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage
and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written
copy of such determination to each affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where appropriate) determined
pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the
benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, in accordance with the
criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the
contractor will be required to pay interest on any underpayment of wages.
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
3
2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon
written request of an authorized representative of the Department of Labor, withhold or cause to be
withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount
of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a)
for violations of this contract, or to satisfy any such liabilities required by any other Federal
contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the
same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the
contractor under this contract, any other Federal contract with the same prime contractor, or any
other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the other contract was awarded or
assisted by the same agency, and such funds may be used to satisfy the contractor liability for which
the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic,
including any apprentice or helper working on the site of the work (or otherwise working in
construction or development of the project under a development statute) all or part of the wages
required by the contract, or upon the contractor’s failure to submit the required records as
discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR
5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by
the contractor and any subcontractor during the course of the work and preserved for all
laborers and mechanics working at the site of the work (or otherwise working in construction
or development of the project under a development statute) for a period of at least 3 years
after all the work on the prime contract is completed.
B. Information required Such records must contain the name; Social Security number; last known
address, telephone number, and email address of each such worker; each worker’s correct
classification(s) of work actually performed; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of
hours actually worked in total and on each covered contract; deductions made; and actual
wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
4
costs reasonably anticipated in providing benefits under a plan or program described in 40
U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred
in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under
approved programs must maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios and wage rates prescribed in the
applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly,
for each week in which any DBA- or Related Acts-covered work is performed, certified
payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other
entity, as the case may be, that maintains such records, for transmission to HUD. The prime
contractor is responsible for the submission of all certified payrolls by all subcontractors. A
contracting agency or prime contractor may permit or require contractors to submit certified
payrolls through an electronic system, as long as the electronic system requires a legally valid
electronic signature; the system allows the contractor, the contracting agency, and the
Department of Labor to access the certified payrolls upon request for at least 3 years after
the work on the prime contract has been completed; and the contracting agency or prime
contractor permits other methods of submission in situations where the contractor is unable
or limited in its ability to use or access the electronic system
B. Information required The certified payrolls submitted must set out accurately and completely
all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full
Social Security numbers and last known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the certified payrolls need only include
an individually identifying number for each worker (e.g., the last four digits of the worker’s
Social Security number). The required weekly certified payroll information may be submitted
using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/
sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of
this section for a prime contractor to require a subcontractor to provide full Social Security
numbers and last known addresses, telephone numbers, and email addresses to the prime
contractor for its own records, without weekly submission by the subcontractor to the
sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case
may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a
“Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or
subcontractor’s agent who pays or supervises the payment of the persons working on the
contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be
provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being
maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and
complete;
2. That each laborer or mechanic (including each helper and apprentice) working on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
5
from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;
and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification(s) of work actually performed, as
specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for
submission of the “Statement of Compliance” required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor, subcontractor, or the contractor’s or
subcontractor’s agent must be an original handwritten signature or a legally valid electronic
signature.
F. Falsification The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all
certified payrolls during the course of the work and for a period of 3 years after all the work
on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this
contract or subcontract and related documents including, without limitation, bids, proposals,
amendments, modifications, and extensions. The contractor or subcontractor must preserve these
contracts, subcontracts, and related documents during the course of the work and for a period of 3
years after all the work on the prime contract is completed.
iv Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must
make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that
HUD or the Department of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available
for inspection, copying, or transcription by authorized representatives of HUD or the
Department of Labor, and must permit such representatives to interview workers during
working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the
contractor or subcontractor fails to submit the required records or to make them available,
or refuses to permit worker interviews during working hours on the job, the Federal agency
may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs such workers, take such action as
may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon request or to make such
records available, or to permit worker interviews during working hours on the job, may be
grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other
person that fails to submit the required records or make those records available to WHD
within the time WHD requests that the records be produced will be precluded from
introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the
required records that were not provided or made available to WHD. WHD will take into
consideration a reasonable request from the contractor or person for an extension of the
time for submission of records. WHD will determine the reasonableness of the request and
may consider, among other things, the location of the records and the volume of
production.
C. Required information disclosures Contractors and subcontractors must maintain the full
Social Security number and last known address, telephone number, and email address of
each covered worker, and must provide them upon request to HUD if the agency is a party to
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
6
the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal
agency is not such a party to the contract, the contractor, subcontractor, or both, must,
upon request, provide the full Social Security number and last known address, telephone
number, and email address of each covered worker to the applicant, sponsor, owner, or
other entity, as the case may be, that maintains such records, for transmission to HUD, the
contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for
the work they perform when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is not individually registered in
the program, but who has been certified by the OA or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice, will be
permitted to work at less than the predetermined rate for the work they perform in the
first 90 days of probationary employment as an apprentice in such a program. In the event
the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringe benefits must
be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in
any craft classification must not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio applicable to the locality of
the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR
5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under this section must be
paid not less than the applicable wage rate on the wage determination for the work actually
performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a
project in a locality other than the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the
locality in which the construction is being performed must be observed. If there is no
applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified
in the contractor’s registered program must be observed.
ii Equal employment opportunity The use of apprentices and journeyworkers under this part must
be in conformity with the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR part 30.
5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29
CFR part 3, which are incorporated by reference in this contract.
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
7
6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in
29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses
or contract modifications as the U.S. Department of Housing and
Urban Development may by appropriate instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any lower tier subcontracts. The prime
contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in this section. In the event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including
interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors,
and may be subject to debarment, as appropriate.
7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the
Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who
has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government
contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and
Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under the DBA,
Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under
the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3,
or 5.
B. Contract Work Hours and Safety Standards Act (CWHSSA)
The Agency Head must cause or require the contracting officer to insert the following clauses set
forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal
Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject
to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
8
be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the
terms “laborers and mechanics” include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages and interest from the date of the underpayment. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchpersons and guards, employed in violation of the clause set
forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of
Federal assistance may, upon its own action, or must, upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor
so much of the accrued payments or advances as may be considered necessary to satisfy the
liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief,
including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on
this contract, any other Federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the
same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the
contractor under this contract, any other Federal contract with the same prime contractor, or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was
awarded or assisted by the same agency, and such funds may be used to satisfy the contractor
liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in
accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and
payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor’s bankruptcy estate;
D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any
violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for
any unpaid wages and monetary relief, including interest from the date of the underpayment or loss,
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
9
due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject
to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing
regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting
or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or
29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding
under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract
subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws
referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a
clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic
records during the course of the work and must preserve them for a period of 3 years after all the work
on the prime contract is completed for all laborers and mechanics, including guards and watchpersons,
working on the contract. Such records must contain the name; last known address, telephone number,
and email address; and social security number of each such worker; each worker’s correct
classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of
hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause
or require the contracting officer to insert in any such contract a clause providing that the records to be
maintained under this paragraph must be made available by the contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of the (write the name of agency)
and the Department of Labor, and the contractor or subcontractor will permit such representatives to
interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are
required to insert the contract clauses set forth in this section, along with appropriate wage
determinations, in full into covered contracts, and contractors and subcontractors are required to insert
them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses
and appropriate wage determinations will be given the same force and effect as if they were inserted in
full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent
under the Federal Acquisition Regulation), along with the correct wage determinations, will be
considered to be a part of every prime contract required by the applicable statutes referenced by 29
CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are
included or incorporated by reference into such contract, unless the Administrator grants a variance,
tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage
determinations are effective by operation of law under this paragraph, the prime contractor must be
compensated for any resulting increase in wages in accordance with applicable law.
Previous editions obsolete Form HUD-4010, (10/2023)
ref. Handbook 1344.1
10
F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds
$100,000.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction
safety and health standards promulgated by the Secretary of Labor by regulation.
2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part
1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and
Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions
will be binding on each subcontractor. The contractor shall take such action with respect to any
subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as
a means of enforcing such provisions.
Federal Wage Decision
Incorporated into the construction contract as part of the Bid Document
To be physically attached to all subcontracts with the HUD-4010 Federal Labor Standards Provisions
Pursuant to Federal requirements, ten (10) days prior to bid opening, the City is required to check for any
modifications to the wage decision included in the specifications. The City will issue an addendum if any
modification is made to advise all potential bidders of the revised wage determination.
California State License Board Requirement
Company Name:
CA License Number:
All prime contractors and subcontractors must have a valid California Contractors State
License before submitting a bid for federal contracts.
Please submit a copy downloaded from the Contractors State License Board. All
contractors license status will be verified by the City with the Contractors State License
Board.
Registration with CSLB is not optional.If your business does not show as being active
when your license is checked in CSLB during the review of your submitted bid, your bid
will be considered nonresponsive.
Exhibit 04
System for Award Management (SAM) Registration
Requirement
Company Name: _
DUNS Number:
Please note that as of October 26,2018, all businesses must be registered in the System for
Award Management (SAM) before submitting a bid for federal contracts. If your business
is not registered with SAM please complete registration at federalcontractorregistry.com.
In order to register in SAM, you must provide the following information during registration:
•DUNS Number
•Taxpayer Identification Number (TIN)
•Provide your bank's routing number and bank account number
Registration with SAM is not optional. If your business does not show as being active
when your DUNS Number is checked in SAM during the review of your submitted bid,
your bid will be considered nonresponsive.
Exhibit 05
NON-COLLUSION AFFIDAVIT (CONTRACTOR)
[Title 23 United States Code § 112]
[Public Contract Code § 7106]
State of California )
County of ________________________ ) ss.
____________________________________ being first duly sworn, deposes and says
that he or she is ________________________________________________________
(sole owner, partner, president, secretary, etc.)
of ____________________________________________________________________
the party submitting a bid for a contract covering _______________________________
______________________________________________________________________
(describe the nature of contract)
the party making the foregoing bid, that the bid is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid,
and has not directly or indirectly, colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid
are true; and further, that the bidder has not, directly or indirectly, submitted his/her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
AUTHORIZED SIGNATURE: ___________________________________________
TITLE: ___________________________________________________________
Subscribed and sworn to before me on _______________________________, 20____.
NOTARY PUBLIC SIGNATURE: ___________________________________________
(SEAL)
Exhibit 06
WORKERS’ COMPENSATION CERTIFICATION
I certify, by my signature below, that I am aware of the provisions of Section 3700 of the
California Labor Code, which require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that Code, and
that I will comply with such provisions before commencing the performance of work on this
contract.
Date: Project Number:
Project Name:
Company Name:
Address:
Print Name:
Title:
Signature:
Exhibit 07
FEDERAL LOBBYIST REQUIREMENTS
CERTIFICATION
Name of Firm: Date:
Address:
City: State: Zip Code: Phone No.:
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to
the Department of Housing and Urban Development (HUD).
1) No Federal appropriated funds have been paid, by or on behalf of the above named firm to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of and Federal grant, loan or
cooperative agreement, and any extension, continuation, renewal, amendment, or modification
thereof, and;
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee or an agency, a Member of Congress an
officer or employee of Congress or an employee of a Member of Congress in connection with this
Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and
submit Standard Form- with its
instructions, and;
3) The above named firm shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into the
transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Authorized Official:
Name: Title:
Signature: Date:
Exhibit 08
CERTIFICATION OF NON-SEGREGATED FACILITIES
Federally Assisted Projects
The federally assisted construction contractor certifies that he does not maintain or provide
for his employees any segregated facilities at any of his establishments, and that he does not permit
his employees to perform their services at any location, under his control, where segregated facilities
are maintained. The federally assisted construction contractor certifies further that he will not
maintain or provide for his employees any segregated facilities at any of his establishments, and that
he will not permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The federally assisted construction contractor agrees that a
breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in
and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation,
and housing facilities provided for employees which are segregated by explicit directive or are in fact
segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or
otherwise. The federally assisted construction contractor agrees that (except where he has
obtained identical certifications from proposed subcontractors for specific time periods) he will obtain
identical certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will
retain such certifications in his files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C.
1001.
Company:
By:
Title:
Date:
Exhibit 09
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS
CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY
CLAUSE AND THE FILING OF REQUIRED REPORTS
The bidder , proposed subcontractor , hereby certifies that he has , has not ,
participated in a previous contract or subcontract subject to the equal opportunity clause, as required by
Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting
Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or
under the applicable filing requirements.
Date:Project Number:Contract Award: $
Awarding Agency:
Contractor Name:Total Number of Employees:
Affiliate Company:
By:Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of
Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection
with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts
which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or
subcontracts of $10,000 or under are exempt.)
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract
subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1)
prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent
period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal
Contract Compliance, U.S. Department of Labor.
SF-100 (EEO-1) must be filed by:
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2) Subject to Title VII who has fewer than 100 employees, if the company is owner or affiliated with another
company, or there is centralized ownership, control or management so that the group legally constitutes a
single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractor, and have a contract, subcontract, or purchase order
amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or
c.Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
Exhibit 10
Exhibit 11
Page 1 of 9
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/
AFFIRMATIVE ACTION REQUIREMENTS
1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the
contractor agrees as follows:
a.The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not limited to the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
b.The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
c.The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or outstanding,
nder this Section, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
d.The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
e.The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purpose of investigation to ascertain compliance with such rules, regulations,
and orders.
f. liance with the nondiscrimination clause
of this contract or with any of the said rules, regulations, or orders, this contract
may be canceled, terminated, or suspended in whole, or in part, and the
contractor may be declared ineligible for further government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
Page 2 of 9
g.The contractor will include the provisions of Paragraph 1a through 1g in every
subcontract or purchase order unless exempt by rules, regulations, or orders of
the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (Executive Order 11246).
a.
b.The goals and timetables for minority and female participation, expressed in
ll
construction work in the covered area, are as follows:
Timetables
Goals for Minority
Participation for Each
Trade
Goals for Female
Participation in Each Trade
19.0% 6.9%
r or
not it is Federal or federally assisted) performed in the covered area. If the
contractor performs construction work in a geographical are located outside of
the covered area, it shall apply the goals established for such geographical area
where the work is actually performed. With regard to this second area, the
contractor also is subject to the goals for both its federally involved and non-
federally involved construction.
41
CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specific affirmative action obligations required by the specifications set
forth in 41 CFR Part 60-4.3 (a), and its efforts to meet the goals. The hours of
minority and female employment and training must be substantially uniform
throughout the length of the contract and in each trade, and the contractor shall
make a good faith effort to employ minorities and women evenly on each of its
projects. The transfer of minority or female employees or trainees from
contractor to contractor or from project to project for the sole purpose of meeting
Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will
be measured against the total work hours performed.
Page 3 of 9
c.
Business Enterprise Program (See Attachment 2) are incorporated into these
requirements by this reference.
d.The contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within 10 working days of award of any
construction subcontract in excess of $10,000 at any tier for construction work
under contract resulting from this solicitation. The notification shall list the name,
address, and telephone number of the subcontractor; employer identification
number of the subcontractor; estimated dollar amount of the subcontract;
estimated starting and completion dates of the subcontract; and the geographical
area in which the contract is to be performed.
e.As used in this notice, and in the contract resulting from this solicitation, the
ernardino-
Riverside, specifically the Counties of San Bernardino/Riverside, State of
California.
3.STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS
(Executive Order 11246).
a.As used in these specifications:
(1)area described in the solicitation
from which this contract resulted;
(2)
Programs, United States Department of Labor, or any persons to whom
the Director delegates authority;
(3)
States Treasury Department Form 941.
(4)
(a) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin);
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish culture or origin, regardless of
race);
(c) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins in
any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and participation
or community identification).
Page 4 of 9
b.Whenever the contractor, or any subcontractor at any tier, subcontracts a portion
of the work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000 the provisions of these specifications and the
notice which contains the applicable goals for minority and female participation
and which is set forth in the solicitations from which contract resulted.
c.If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown
Plan approved by the United States Department of Labor in the covered area
either individually or through an association, its affirmative action obligations on
all work in the Plan area (including goals and timetables) shall be in accordance
with the Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved Plan is individually required to comply
with its obligations under the Equal Opportunity Clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other contractors or
subcontractors toward a goal in an approved Plan does not excuse any covered
Plan goals and timetables.
d.The contractor shall implement the specific affirmative action standards provided
in Paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth
in the solicitation from which this contract resulted are expressed as percentages
of the total hours of employment and training of minority and female utilization
the contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered construction contractors
performing construction work in geographical areas where they do not have a
Federal or federally assisted construction contract shall apply the minority and
female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice
form, and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting officers.
The contractor is expected to make substantially uniform progress in meeting its
goals in each craft during the period specified.
e.Neither the provisions of any collective bargaining agreement nor the failure by a
union with whom the contractor has a collective bargaining agreement, to refer
either minority or women sh
specifications, Executive Order 11246, or the regulations promulgated pursuant
thereto.
f.In order for the non-working training hours of apprentices and trainees to be
conducted in meeting the goals, such apprentices and trainees must be
employed by the contractor during the training period, and the contractor must
have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment
opportunities. Trainees must be trained pursuant to training programs approved
by the United States Department of Labor.
g.The contractor shall take specific affirmative actions to ensure equal employment
compliance with these
Page 5 of 9
specifications shall be based upon effort to achieve maximum results from its
actions. The contractor shall document these efforts fully, and shall implement
affirmative action steps at least as extensive as the following:
(1) Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen, superintendents,
and other on-site supervisory personnel are aware of and carry out the
specific attention to minority and female individuals working at such sites
or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the contractor or its unions
have employment opportunities available, and maintain a record of the
(3) Maintain a current file of the names, addresses, and telephone numbers
of each minority and female off-the-street applicant and minority or female
referral from union, a recruitment source, or community organization and
of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not
referred back to the contractor by the union or, if referred, not employed
by the contractor, this shall be documented in the file with reason
therefor, along with whatever additional actions the contractor may have
taken.
(4) Provide immediate written notification to the Director where the union or
unions with which the contractor has a collective bargaining agreement
has not referred to the contractor a minority person or women sent by the
contractor, or when the contractor has other information that the union
obligations.
(5) Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs
especially those programs
funded or approved by the Department of Labor. The contractor shall
provide notice of these programs to the sources complied under
Paragraph 3g (2), above.
(6)
by providing notice of the policy to unions and training programs and
requesting their cooperation in assisting the contractor in meeting its EEO
obligations; by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all management personnel and
with all minority and female employees at least once a year; and by
Page 6 of 9
posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
(7)
action obligations under these specifications with all employees having
any responsibility for hiring, assignment, layoff, termination or other
employment decisions including specific review of these items with on-
site supervisory personnel such as Superintendents, General Foreman,
etc., prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of
these meetings, persons attending, such matter discussed, and
disposition of the subject matter.
(8) Dissemina
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
nd subcontractors with
whom the contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female,
and community organizations; to schools with minority and female
students; and to minority and female recruitment and training
needs. No later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment
sources, the contractor shall send written notification to organizations
such as the above, describing the opening, screening procedures, and
tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer, and vacation employment to minority and female youth,
(11) Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
(12) Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments, and
other personnel practices do not have a discriminatory effect by
continually monitoring all personnel and employment-related activities to
specifications are being carried out.
(14) Ensure that all facilities and company activities are non-segregated
except that separate or single user toilet and necessary changing facilities
shall be provided to assure privacy between the sexes.
Page 7 of 9
(15) Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(16)
obligations.
h.Contractors are encouraged to participate in voluntary associations which assist
fulfilling one or more of their affirmative action obligations described in
Paragraphs 3g (1) through (16), above. The efforts of a contractor association,
joint contractor-union, contractor-community, or other similar group of which the
contractor is a member and participant, may be asserted as fulfilling any one or
more of its obligations under Paragraphs 3g (1) through (16) of these
specifications provided that the contractor actively participates in the group,
makes every effort to ensure that the group has a positive impact on the
minority and female work force participation, makes a good faith effort to meets
its individual goals and timetables, and can provide access to documentation
which demonstrates the effectiveness of actions taken on behalf of the
noncompliance.
i.A single goal for minorities and a separate single goal for women have been
established. The contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non-minority. Consequently, the
contractor may be in violation of the Executive Order if a particular group is
employed in a substantially disparate manner (for example, even though the
contractor has achieved its goals for women generally, the contractor may be in
violation of the Executive Order if a specific minority group of women is
underutilized).
j.The contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion,
sex, or national origin.
k.The contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
l.The contractor shall carry out such sanctions and penalties for violation of these
specifications of the Equal Opportunity Clause, including suspension,
termination, and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any
contractor who fails to carry out such sanction and penalties shall be in violation
of these specifications and Executive Order 11246, as amended.
Page 8 of 9
m.The contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in Paragraph 3g of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR Part 60-4.8.
n.The contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof as may be required by the
Government and to keep records. Records shall at least include for each
employee the name, address, telephone numbers, construction trade, union
affiliation, if any, employee identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer),
dates of changes in status, hour worked per week in the indicated trade, rate of
pay, and locations at which the work was performed. Records shall be
maintained in an easily understandable and retrievable form; however, to the
degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
o.Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
p.The Director from time to time shall issue goals and timetables for minority and
female utilization which shall be based on appropriate work force, demographic
or other relevant data and which shall cover construction projects or construction
contracts performs in specific geographic areas. The goals, which shall be
applicable to each construction trade, shall be published as notices in the
Federal register, and shall be inserted by the contracting officers and applicants,
as applicable, in the Notice required by 41 CFR 60-4.2. Covered construction
contractors performing construction work in geographical areas where they do
not have a Federal or federally assisted construction contract shall apply the
minority and female goals established for the geographical area where the work
is being performed.
4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in
excess of $10,000, the contractor/subcontractor shall:
a.Forward the following EEO certification forms to the contract awarding authority
prior to contract award: Certification of Non-segregated Facilities and
Certification with Regard to the Performance of Previous Contracts or
Subcontracts Subject to the Equal Opportunity Clause and the Filing Required
Reports.
b.Submit a notification of the subcontracts awarded to the Director, Office of
Federal Contract Compliance Programs, United States Department of Labor -
ESA, 200 Constitution Avenue, NW, Room C3325, Washington, D.C., 20210,
Page 9 of 9
within 10 working days of award of any subcontract in excess of $10,000, listing
the name, address, and telephone number of the subcontractor; employer
identification number; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in
which the contract is to be performed.
c.
labor unions or representatives of workers prior to commencement of
construction work.
d.Display an equal employment opportunity poster in a conspicuous place
available to employees and applicants for employment.
e.For contracts in excess of $10,000, bind subcontractors to the Federal equal
employment opportunity requirements by including the provisions of Paragraphs
1 through 3, above, in the subcontract.
5. CIVIL RIGHTS ACT OF 1964. Under Title IV of the Civil Rights Act of 1964, no person
shall, on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974.
No person in the United States shall on the grounds of race, color, national origin, or sex
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or part with funds made
available under this Title.
7. THE AGE DISCRIMINATION ACT OF 1975. No person in the United States shall, on
the basis of age, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity receiving Federal financial
assistance.
8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in
the United States shall, solely by reason of his or her handicap, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Project Number and Title
To:
Address
The undersigned currently holds a contract with the City ommunity Development Block
Grant funds from the U.S. Department of Housing and Urban Development or a subcontract with a
prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance
with Executive Order 11246, the undersigned is obliged not to discriminate against any employee
or applicant for employment because of race, color, religion, sex, or national origin. This obligation
not to discriminate in employment includes, but is not limited to, the following:
HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION;
RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT;
TREATMENT DURING EMPLOYMENT; RATES OF PAY OR OTHER FORMS
OF COMPENSATION; SELECTION FOR TRAINING, INCLUDING
APPRENTICESHIP; LAYOFF OR TERMINATION.
This notice is furnished you pursuant to the provisions of the above contract or subcontract and
Executive Order 11246.
Copies of this notice will be posted by the undersigned in conspicuous places available to
employees or applicants for employment.
Name of Contractor
Address
Signature and Title
Date
Exhibit 11(a)
Contracting With Small Business, Minority Firms,
Women’s Business Enterprise, and Labor Surplus Area Firms
Federal Contract Provision
1. It is national policy to award a fair share of contracts to Small Business and
Minority Firms. Accordingly, affirmative steps must be taken to assure that Small
Business and Minority Firms are utilized, when possible, as sources of supplies,
equipment, construction and services. Affirmative steps include the following:
a. Including qualified Small Business and Minority Firms on solicitation lists.
b. Assuring that Small Business and Minority Firms are solicited whenever
they are potential sources.
c. When economically feasible, dividing total requirements into smaller tasks
or quantities so as to permit maximum Small Business and Minority Firm
participation.
d. Where the requirement permits, establishing delivery schedules which will
encourage participation by Small Business and Minority Firms.
e. Using the services and assistance of the Small Business Administration
and the Minority Business Development Agency of the Department of
Commerce, as required.
f. If any subcontracts are to be let, requiring the prime contractor to take the
affirmative steps in 1a through 1e above.
2. Grantees shall take similar appropriate affirmative action in support of Women’s
Business Enterprises.
3. Grantees are encouraged to procure goods and services from Labor Surplus
Areas.
Exhibit 12
Exhibit 12(a)
City of Rosemead
MBE/WBE Contracts Worksheet
Page 1 of 2
You may use this worksheet as a tool to provide required backup information to the City of Rosemead Funded Projects for
Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Good Faith Certification. You may also
provide information requested on this form in some other format to provide proof of good faith effort in using WBEs and MBEs. Five contacts for each type of firm shows a good faith effort.
1. Project Information
Project Name and Location Project Number
Name of Prime Contractor Information Prepared By {Name and Phone)
2.Contacts
Information Contact 1 Contact 2 Contact 3
Needed for Review
a.Name of Firm Contacted
b.Contact's Phone Number
c.Firm Type 0MBE DWBE 0MBE DWBE 0MBE DWBE
d.On MBE list?□Yes D No ON/A □Yes D No D N/A □Yes □No ON/A
e.Is firm self-certified or agency D Self □Agency D Self □Agency D Self □Agencycertified?Agency Name Agency Name Agency Name
f.Date Contacted
g.Result of Contact .
h.Bid received?o Yes D No □Yes D No □Yes D No
i.If bid received and rejected, whyreiected?
k.Utilizing this firm? If yes □Yes D No □Yes D No □Yes D No comolete section 3.
Compliance with Clean Air and Water Acts
Federal Contract Provision
During the performance of this contract, the contractor and all subcontractors shall
comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq.,
the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part
15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors
shall furnish to the owner, the following:
1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in the
performance of any non exempt contract or subcontract,. is not listed on the List of
Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to
40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of Section 114 of
the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal
Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection,
monitoring, entry, reports and information, as well as all other requirements specified
in said Section 114 and Section 308, and all regulations and guidelines issued there
under.
3. A stipulation that as a condition for the award of the contract, prompt notice will be
given of any notification received from the Director, Office of Federal Activities, EPA,
indicating that .a facility utilized, or to be utilized for the contract, is under
consideration to be listed on the EPA List of Violating Facilities.
4. Agreement by the contractor that he will include, or cause to be included, the criteria
and requirements in paragraph (1) through (4) of this section in every nonexempt
subcontract and requiring that the contractor will take such action as the government
may direct as a means of enforcing such provisions.
Exhibit 13
CONTRACTORS NOTIFICATION OF SUBCONTRACTS AWARDEDCONTRACT NUMBER:PROJECT:DATE:AND TELEPHONE NUMBEREMPLOYERIDENTIFICATIONNUMBER(License No. orFederal Tax ID)CONTRACTAMOUNTESTIMATEDSTARTINGDATEESTIMATEDCOMPLETIONDATECRAFTSTO BE USEDAdditional sheets may be used if necessary. NOTE: AFTER CONTRACT AWARD IF SUBCONTRACTORS ARE ADDED OR REPLACED CONTRACTOR MUST PROVIDE UPDATED SUBCONTRACTS AWARDEDINFORMATION WITHIN 10 WORKING DAYS OF AWARD OR CANCELLATION OF SUBCONTRACT. INFORMATION MUST BE PROVIDED FOR ALLSUBCONTRACTS REGARDLESS OF TIER.ContractorSignatureName and TitleFederal Tax I.D. NumberExhibit 14
Section 3 Federal Requirements Information
1.Section 3 Purpose. Section 3 is a provision of the Housing and Urban Development (HUD)
Act of 1968. Found under 24 CFR Part 75, the purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD financial
assistance are, to the greatest extent feasible, directed to low- and very low-income persons,
particularly those who are recipients of government assistance for housing.
2.Section 3 Obligation. HUD housing and community development assistance used for housing
rehab/construction, public construction above $200,000. It focuses on labor hours instead of
new hires creating an incentive for employers to invest in and retain their newly hired low-
income workers.
3.City's Efforts to Award to Section 3 Business Concerns (24 CFR 75.25(b)). All bidders
must address the Section 3 employment and contracting benchmarks to be considered in
compliance with HUD.
Procurement under the Competitive Proposal Method of procurement (Request for
Proposal - RFP)
1)For contracts and subcontracts awarded under the competitive proposals method of
procurement (2 CFR 200.320), a Request for Proposals (RFP) shall identify all evaluation
factors (and their relative importance) to be used to rate proposals.
2)One of the evaluation factors shall address both the preference for Section 3
business concerns and the acceptability of the strategy for meeting the greatest extent
feasible requirement (Section 3 Economic Opportunity Plan), as disclosed in proposals
submitted by all business concerns (Section 3 and non-section 3 business concerns).
This factor shall provide for a range of 15 to 25 percent of the total number of
available points to be set aside for the evaluation of these two components.
4.Section 3 Definitions
4.1. Section 3 Project (75.3(a)(2))
4.1.1. The project is the site or sites together with any building(s) and improvements located
on the site(s) that are under common ownership, management, and financing. Applies
to the entire project, regardless of whether the project is fully or partially assisted
under HUD.
4.2. Section 3 Worker (75.5)
4.2.1. Any worker who currently fits, or when hired within the past five years (not before
11/30/20) fit, at least one of the following categories, as documented:
A low or very low-income worker, or
Employed by a Section 3 business concern; or
A Youthbuild participant
Exhibit 15
Section 3 Federal Requirements Information
4.3. Section 3 Targeted Worker (75.5)
Worker employed by a Section 3 business concern; or
Currently fits or when hired fit at least one of the following categories as
documented within the past five years:
Living within the service area or the neighborhood of the project
(one-mile radius of project site)
Youthbuild participants
4.4. Section 3 Business Concern (75.5)
4.4.1. Businesses that meet one of the following criteria within the last six months:
At least 51% owned and controlled by low-income or very low-income persons; or
Over 75% of labor hours performed for the business over the prior 3-month period
are performed by Section 3 workers; or
51% or more owned and controlled by current residents of public housing or
Section 8-assisted housing
A business may register as a Section 3 business through Section 3 Business Registry1.
5.Section 3 Benchmark Requirements
5.1. Certification that the following benchmarks are met or exceeded is considered in
compliance by HUD (in the absence of evidence to the contrary):
25% of total labor hours worked by Section 3 workers; and
5% of total labor hours worked by Targeted Section 3 workers
5.2. Professional Service Labor Hour
5.2.1. Non-construction services that require an advance degree or professional licensing are
excluded from Section 3.
5.2.2. BONUS: Contractor/subcontractor may count any work performed by a professional services
Section 3 worker or Targeted Section 3 worker as Section 3 labor hours. However, do not count
professional services as part of the total labor hours.
6.Section 3 Required Reporting
6.1. The contractor/subcontractor shall maintain all records, reports, and other documentation
demonstrating its efforts to achieve the Section 3 benchmark requirements. This includes the
name and business address to each Section 3 subcontractor or vendor and the total dollar amount
actually paid each Section 3 subcontractor or vendor with supporting documentation.
6.1.1.1. Section 3 Business Concern Certification for Contracting form (must be submitted
with Bid)
6.1.1.2. Notice of Section 3 Commitment (must be submitted with Bid and posted at jobsite)
6.1.1.3. Section 3 Economic Opportunity Plan (must be submitted with Bid if not a Section 3
Business Concern).
6.1.1.4. Section 3 Worker Certification (must be submitted with 1st weekly certified payroll
that the Section 3 worker is reported)
6.1.1.5. Section 3 Economic Opportunity Report (submit with Final Certified Payroll Report
or June 30th, whichever comes first)
1 https://hudapps.hud.gov/OpportunityPortal/
Section 3 Federal Requirements Information
6.2. Qualitative Reporting (75.25(b))
If unable to meet benchmark goals, must describe efforts taken to meet requirements with
evidence that they have made qualitative efforts to assist low and very low-income persons with
employment and training opportunities.
7.
7.1. ortunities to
Section 3 workers include:
7.1.1.
workers.
7.1.2. Sponsoring a HUD-
7.1.3. Establishing training programs, which are consistent with the requirements of the Department
of Labor, for public and Indian housing residents and other Section 3 workers in the building
trades.
7.1.4. Advertising the training and employment positions by distributing flyers (which identify the
positions to be filled, the qualifications required, and where to obtain additional information
about the application process) to every occupied dwelling unit in the housing development or
developments where Section 3 workers reside.
7.1.5. Advertising the training and employment positions by posting flyers (which identify the
positions to be filled, the qualifications required, and where to obtain additional information
about the application process) in common area or other prominent areas of the housing
development or developments. For housing authorities, post such advertising in the housing
development or developments where Section 3 workers reside; for all other recipients post
such advertising in the housing development or developments and transitional housing in the
neighborhood or service area of the Section 3 project.
7.1.6. Contacting resident councils, resident management organizations, or other resident
organizations, where they exist, in the housing development or developments Section 3
workers reside, and community organizations in HUD-assisted neighborhoods, to request the
assistance of these organizations in notifying residents of the training and employment
positions to be filed.
7.1.7. Sponsoring (scheduling, advertising, financing, or providing in-kind services) a job informational
meeting to be conducted by a housing authority or contactor representative or representatives
at a location in the housing development or developments where Section 3 workers reside or in
the neighborhood or service area of the Section 3 project.
7.1.8. Arranging assistance in conducting job interviews and completing job applications for residents
of the housing development or developments where Section 3 workers reside and in the
neighborhood or service area in which a Section 3 project is located.
7.1.9. Arranging for a location in the housing development or developments where Section 3 workers
reside, or the neighborhood or service area of the project, where jobs applications may be
delivered to and collected by a recipient or contractor representative or representatives.
7.1.10. Conducting job interviews at the housing development or developments where Section 3
workers reside, or at a location within the neighborhood or service area of the Section 3
project.
7.1.11. Contacting agencies administering HUD Youthbuild programs, and requesting their assistance
training or employment positions.
Section 3 Federal Requirements Information
7.1.12.Consulting with State and County local agencies administering training programs funded
through Job Training Partnership Act (JTPA) or Joblinks, probation and parole agencies,
unemployment compensation programs, community organizations, and other officials or
training and employment positions.
7.1.13. Advertising the job dot be filled through local media, such as community television networks,
newspapers of general circulations, and radio advertising.
7.1.14. Employing a job coordinator, or contracting with a business concern that is licensed in the field
of job placement (preferably one of the Section 3 business concerns), that will undertake, on
behalf of the housing authority, other recipient, or contractor, the efforts to match eligible and
qualified Section 3 residents with the training and employment positions that the housing
authority or contractor intended to fill.
7.1.15. Where there are more qualified Section 3 residents than there are positions to be filled,
maintaining a file of eligible qualified Section 3 residents for future employment positions.
7.1.16. Undertaking job counseling, education, and related programs in association with local
educational institutions.
7.1.17. Undertaking such continued job training efforts as may be necessary to ensure the continued
employment of Section 3 workers previously hired for employment opportunities.
7.1.18. After selection of bidders but prior to execution of contracts, incorporating into the contract a
negotiated provision for a specific number of public housing or other Section 3 workers to be
trained or employed on the Section 3 projects.
7.1.19. Coordinating plans and implementation of economic development (e.g., job training and
preparation, business development assistance for residents) with the planning for housing and
community development.
7.2. Examples of Con
7.2.1. Utilizing procurement procedures for Section 3 business concerns similar to those provided in
24 CFR Part 905 for business concerns by Native Americans.
7.2.2. In determining the responsibility of potential contractors, consider their record of Section 3
compliance as evidenced by past actions and their current plans for the pending contract.
7.2.3. Contacting business assistance agencies, minority contractors associations, and community
organizations to inform them of contracting opportunities and requesting their assistance in
identifying Section 3 businesses which may solicit bids or proposals for contracts for work in
connection with Section 3 projects.
7.2.4. Advertising contracting opportunities by posting notices, which provide general information, in
the common areas or other prominent areas of the housing development or developments
owned and managed by the housing authority.
7.2.5. For housing authorities, contacting resident councils, resent management corporations, or
other resident organizations, where they exist, and requesting their assistance in identifying
Section 3 business concerns.
7.2.6. Providing written notice to all known Section 3 business concerns of the contracting
opportunities. This notice should be in sufficient time to allow the Section 3 business concern
to respond to the bid invitations or request for proposals.
7.2.7. Following up with Section 3 business concerns that have expressed interest in the contracting
opportunities by contacting them to provide additional information on the contracting
opportunities.
7.2.8. Coordinating pre-bid meetings at which Section 3 business concerns could be informed of
upcoming contracting and subcontracting opportunities.
Section 3 Federal Requirements Information
7.2.9. Carrying out workshops n contracting procedures and specific contract opportunities in a
timely manner so that Section 3 business concerns can take advantage of upcoming contracting
and subcontracting opportunities.
7.2.10. Advising Section 3 business concerns as to where they may seek assistance to overcome
limitation such as inability to obtain bonding, lines of credit, financing, or insurance.
7.2.11. Arranging solicitations, times for the presentation of bids, quantities, specifications, and
delivery scheduled in ways to facilitate the participation by Section 3 business concerns.
7.2.12. Where appropriate, breaking out contract work items to economically feasible units to
facilitate participation by Section 3 business concerns.
7.2.13. Contacting agencies administering HUD Youthbuild programs and notifying these agencies of
the contracting opportunities.
7.2.14. Advertising the contracting opportunities through trade association papers and newsletters,
and through the local media, such as community television networks, newspapers of general
circulation, and radio advertising.
7.2.15. Developing a list of eligible Section 3 business concerns.
7.2.16. Establishing or sponsoring programs designed to assist residents of public or Indian housing in
the creation and development of resident-owned business.
7.2.17. Establishing numerical goals (number of awards and dollar amount of contract) for award of
contracts to Section 3 business concerns.
7.2.18. Supporting businesses that provide economic opportunities to low-income persons by linking
them to the support services available through the Small Business Administration, the
Department of Commerce, and comparable agencies at the State and local levels.
7.2.19. Encouraging financial institutions in carrying out their responsibilities under the Community
Reinvestment Act, to provide no- or low-interest loans for providing working capital and other
financial business needs.
7.2.20. Actively supporting joint ventures with Section 3 business concerns.
7.2.21. Actively supporting the development or maintenance of business incubators that assist Section
3 business concerns.
Section 3 Federal Requirements Information
8.Section 3 Complaint Procedures
8.1. A complaint may be filed by Section residents, Section 3 business concerns, or parties
alleging non-compliance with the Section 3 regulations by the City or contractor.
Complaints are reviewed and investigated by the Assistant Secretary of Fair Housing and
Equal Opportunity and, where appropriate voluntary resolutions are sought. Those
complaints that are not resolved voluntarily may result in an administrative hearing. A
complaint alleging a violation of Section 3 requirements shall be processed as follows:
8.1.1. A complaint must be filed with the Assistant Secretary of Fair Housing and Equal
Opportunity, U.S. Department of Housing & Urban Development.
8.1.2. A complaint must be received not later than 180 days from the date of action or
omission upon which the complaint is based, unless the time for filing is extended by
the Assistant Secretary for good cause shown.
8.1.3. Each complaint must be in writing, signed by the complainant, and include:
The and address;
The name and address of the respondent; and
A description of the acts or omissions by the respondent that is sufficient to
inform the Assistant Secretary of the nature and date of the alleged
noncompliance.
8.1.4. A complaint may provide information to be contained in a complaint by telephone to
HUD or any HUD field office, and HUD will reduce the information provided by
telephone to writing on the prescribed complaint form and send the form to the
complaint for signature.
8.1.5. Where to file your complaint:
Online at https://www.hud.gov/section3.
Please fax or mail your complaint to the appropriate HUD Regional Office of Fair
Housing and Equal Opportunity that has jurisdiction over the state for which you are
located or where the alleged violation occurred. Inquiries regarding the status of your
complaint should be directed to the appropriate Regional office of FHEO by
telephone or email.
SAN FRANCISCO REGIONAL OFFICE
U.S. Department of Housing and Urban
Development Pacific/Hawaii Office
600 Harrison Street Third Floor
San Francisco, CA 94107
(415) 489-6536 (800) 347-3739 Fax: (415) 489-6560
Email: complaints_office_09@hud.gov
*Covers the following states: Arizona, California, Guam, Hawaii, and Nevada
Section 3 Federal Requirements Information
9. Section 3 Non-Compliance
9.1. Noncompliance with HU 5 may result in sanctions,
terminations of this contract for default, and debarment or suspension from future HUD
assisted contracts.
9.1.1. 5% Retention
The City will retain five percent (5%) of the contract amount for this project until the
Labor Standards Enforcement File has been completed and final clearance is issued.
Five percent (5%) of the total construction award will be retained from the prime
contractor by the City to allow for the availability of funds to remedy monetary
liabilities that can result from violations of Section 3 requirements or the Davis-
Bacon and Related Acts and Federal Labor Standards Provisions.
Exhibit 15(a)
2
Section 3 Business Concern
Certification for Contracting
Instructions: Enter the following information and select the criteria that applies to certify your
business Section 3 Business Concern status.
Business Information
Name of Business
Address of Business
Name of Business Owner
Phone Number of Business Owner
Email Address of Business Owner
Preferred Contact Information
Same as above
Name of Preferred Contact
Phone Number of Preferred Contact
Type of Business (select from the following options):
Corporation Partnership Sole Proprietorship Joint Venture
Select from ONE of the following three options below that applies:
At least 51 percent of the business is owned and controlled by low- or very low-income
persons.
At least 51 percent of the business is owned and controlled by current public housing
residents or residents who currently live in Section 8-assisted housing.
Over 75 percent of the labor hours performed for the business over the prior three-month
period are performed by Section 3 workers.
OR
Written Commitment (Section 3 Economic Opportunity Plan), outline intentions to hire section
3 workers and/or subcontract with Section 3 Business Concerns.
(front side)
3
Business Concern Affirmation
I affirm that the above statements (on the front side of this form) are true, complete, and
correct to the best of my knowledge and belief. I understand that businesses who
misrepresent themselves as Section 3 business concerns and report false information to
the City of Rosemead may have their contracts terminated as default and be barred
from ongoing and future considerations for contracting opportunities. I hereby certify,
under penalty of law, that the following information is correct to the best of my
knowledge..
Print Name:
Signature: Date: __________
*Certification expires within six months of the date of signature
Information regarding Section 3 Business Concerns can be found at 24 CFR 75.5
FOR ADMINISTRATIVE USE ONLY
Is the business a Section 3 business concern based upon their certification? YES NO
EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE
FOR FIVE YEARS.
(backside)
Section 3 Worker and Targeted Section 3 Worker
Self-Certification
The purpose of HUD's Section 3 program is to provide employment, training and contracting
opportunities to low-income individuals, particularly those who are recipients of government
assistance for housing or other public assistance programs. Your response is voluntary,
confidential, and has no effect on your employment.
Eligibility for Section 3 Worker or Targeted Section 3 Worker Status
A Section 3 worker seeking certification shall self-certify and submit this form to the recipient
contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker
as defined in 24 CFR Part 75.
Instructions: Enter/select the appropriate information to confirm your Section 3 worker or
Targeted Section 3 Worker status.
Employee Name: _____________ _
1.Are you a resident of public housing or a Housing Choice
Voucher Holder (Section 8)?
2.Are you a resident of the City of Rosemead
DYES □NO
DYES □NO
3.In the field below, select the amount of individual income you believe
you earn on an annual basis.
□Less than $10,000 □$30,001 -$40,000 □More than $66,250□$10,001 -$20,000 □$40,001 -$50,000□$20,001 -$30,000 □$50,001 -$60,000
Select from ONE of the following two options below:
I qualify as a:
□Section 3 Worker (as defined on page 4 of Section 3 Worker Certification Form)
D Targeted Section 3 Worker (as defined on pages 4-5 of Section 3 Worker Certification Form)
(frontside)
Exhibit 15(b)
Exhibit 15(c)
Attachment 1 – Compliance Requirements Page 1 of 9
ATTACHMENT I
COMPLIANCE REQUIREMENTS
This construction project is funded in whole or in part with Federal Community
Development Block Grant funds. Federal Labor Standards Provisions, including the
prevailing wage requirements of the Davis-Bacon and Related Acts, will be enforced.
Whenever a discrepancy between Federal Regulations and State Law is identified, the
more stringent of the two shall prevail.
All work classifications reported on weekly certified payroll reports must conform with
the appropriate work classification listed on the Wage Decision.
(If both Federal and State Wage rates are applicable, then the higher of the two shall
prevail)
Wage Decision:Modification No. Dated
The awarding agency is required to provide a copy of the applicable Wage Decision and
the Federal Labor Standards Provisions by attaching both to the prime contractor’s
construction contract.
The prime contractor is responsible for ensuring that each sub-contractor and sub-tier
contractor receives a copy of the Wage Decision. Each contractor, sub-contractor, and
sub-tier contractor is responsible for reviewing the Wage Decision in advance to ensure
that each work classification to be used in the performance of this project is listed on the
Wage Decision.
Work Classifications or Wage Rates for any work performed on the project that do not
conform to the Work Classifications listed in the applicable Wage Decision must be
approved in advance by the Department of Housing and Urban Development (HUD).
Contractor, and any subrecipient, must agree and comply with the following provisions:
1. & 2.Suspension of Contract
If at any time in the opinion of the City, the Contractor has failed to supply an
adequate working force, or material of proper quality, or has failed in any other
respect to prosecute the work with diligence and force as specified and intended
in and by the terms of the contract, notice thereof in writing will be served upon
him. Should the contractor neglect or refuse to provide means for a satisfactory
compliance with the contract, as directed by the City, within the time specified in
such notice, the City in any such case shall have the power to suspend the
operation of the contract. Upon receiving notice of such suspension, the
Contractor shall discontinue said work or such parts of it as the City may
CA
Exhibit 16
Attachment 1 – Compliance Requirements Page 2 of 9
designate. Upon such suspension, the Contractor's control shall terminate and
thereupon the City Council or its duly-authorized representative may take
possession of all or any part of the Contractor's materials, tools, equipment, and
appliances upon the premises and use the same for the purpose of completing
said contract and hire equipment and such additional materials and supplies at
the contractor's expense as may be necessary for the proper conduct of the work
and for completion thereof. The City may employ other parties to carry the
contract to completion, employ the necessary workmen, substitute other
machinery or materials, and purchase the materials contracted for, in such
manner as the City may deem proper; or the City may annul and cancel the
contract and complete the work or any part thereof.
3. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(A) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited
to, the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
(B) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that ail qualified applicants Will
receive consideration for employment without regard to race, color, religion, sex,
or national origin.
(C) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the contract Compliance Officer
advising the said labor union or workers' representatives of the contractor's
commitment under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(D) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and as amended, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(E) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
Attachment 1 – Compliance Requirements Page 3 of 9
the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the Department and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(F) In the event of the contractor's noncompliance with the non-discrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be cancelled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further government contracts or
Federally assisted construction contract procedures authorized in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(G) The contractor will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 25, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncompliance: provided,
however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
Department, the contractor may request the United Sates to enter into such
litigation to protect the interest of the United States.
4. Compliance with Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in the Federal Labor Standards Provisions Contract.
5. Compliance with Davis-Bacon and Related Act Requirements
All rulings and interpretations of the Davis-Bacon and Related Acts contained in
29 CFR Parts 1, and 5 are incorporated in reference by the Federal Labor
Standards Provisions Contract.
(A) The payroll for the payroll period contains the information required to be
maintained under 29 CFR 5.5(a)(3)(7) and that such information is correct and
complete.
(B) Each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the contract.
Attachment 1 – Compliance Requirements Page 4 of 9
(C) Each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in 29 CFR Part 3.
6. Compliance with Contract Work Hours and Safety Standards Act
(A) As used in this paragraph, the terms "laborers" and "mechanics" include
watchmen and guards.
(1) Overtime Requirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work
to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in subparagraph (1) of this paragraph,
the contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in subparagraph (1) of
this paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required
by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its
designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to
be withheld, from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contract, or any other
Federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor such sums as
may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in subparagraph (2) of this paragraph.
Attachment 1 – Compliance Requirements Page 5 of 9
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (1) through (4)
of this paragraph.
(B) Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous
to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and
failure to comply may result in imposition of sanctions pursuant to the
Contract Work Hours and Safety Standards Act (Public Law 91-54, 83
Stat. 96).
(3) The contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor.
The Contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of
Labor shall direct as a means of enforcing such provisions.
7. Compliance with Payroll Requirements
i. A. The contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the payrolls to the applicant, sponsor, or owner,
as the case may be, for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information
may be submitted in any form desired. Optional Form WH-347 is available
for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0149).
B. Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent
Attachment 1 – Compliance Requirements Page 6 of 9
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for
the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
C. The weekly submission of a properly executed certification set forth on
the reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph
A.3(ii)(b) of this section.
D. The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
ii The contractor or subcontractor shall make the records required under
paragraph A.3.(i) of this section available for inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them
available, HUD or its designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon request or
to make such records available may be grounds for debarment action
pursuant to 29 CFR Part 5.12.
8. Patents and Royalties
A. The Contractor shall provide and pay for all licenses and royalties necessary
for the legal use and operation of any of the equipment or specialties used in the
Attachment 1 – Compliance Requirements Page 7 of 9
work. Certificates showing the payment of any such licenses or royalties, and
permits for the use of any patented or copyrighted devices shall be secured and
paid for by the Contractor and delivered to the City on completion of the work, if
required.
B. The Contractor shall assume all responsibility for the use of apparatus or
devices covered by patents or copyrights shall defend any suits brought against
the Owner, City and HUD based upon claimed infringements of any such patents
or copyrights, and shall hold the Owner, City and HUD free from claims for
damages incident to their use.
9. Compliance with requirements and regulations pertaining to copyrights and rights
of data (use only when applicable).
10.& Access to Records
11.
A. Contractor assures that all contracts and subcontracts for work on the project
shall require him and all subcontractors to make such books, records, documents
and other evidence available to the City or its authorized agents during the
course of construction and for final audit, if requested, and to provide suitable
facilities for access, inspection and copying thereof
B. For any federally funded project the Owner, the City, Federal Grantor Agency
(HUD), the controller General of the United States or any of their duly authorized
representatives shall have access to any books, documents, papers and records
of the Contractor which are directly pertinent to a specific grant program for the
purpose of making audit, examination, excerpts, and transcriptions. Said books,
documents, papers, and records are to be kept, maintained and available for a
period of three years after project completion or until after all project audit
findings have been resolved, whichever comes last.
C. All construction contractors/subcontractors with contracts in excess of
$10,000 must file form CC-257, Monthly Employment Utilization Report, with the
U.S. Department of Labor. Copies of these reports are to be submitted to the
City.
12. Compliance with Section 306 of the Clean Air Act
A. The contractor stipulates that any facility to be utilized in the performance of
this contract, unless such contract is exempt under the Clean Air Act, as
amended (42 U. S.C. 1857 et seq., as amended by Pub. L. 91-604), and under
the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as
amended by Pub. L. 92-500), Executive Order 11738, and regulations in
implementation thereof (40 C.F.R., Part 15, is not listed, on the date of contract
award, on the U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 C.F.R. 15.20.
Attachment 1 – Compliance Requirements Page 8 of 9
B. The contractor agrees to comply with all the requirements of Section 114 of
the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and
all regulations and guidelines listed thereunder.
C. The contractor shall promptly notify the State Highway Department of the
receipt of any communication from the Director, Office of Federal Activities, EPA,
indicating that a facility to be utilized for the contract is under consideration to be
listed on the EPA List of Violating Facilities.
D. The contractor agrees to include or cause to be included the requirements of
subparagraphs A through D of this paragraph 12 in every non-exempt
subcontract, and further agrees to take such action as the Government may
direct as a means of enforcing such requirements. (Applicable to contracts and
subcontracts which exceed $100,000).
Lead Based Paint
The construction or rehabilitation of residential structures with Community
Development Block Grant Funds is subject to the provisions of the HUD Lead-
Based Paint Regulations, 24 CFR Part 35, Public Law 102-550 - the Residential
Lead-Based Paint Hazard Reduction Act of 1992, and all other applicable
regulations. Resdiential construction or rehabilitation activity is subject to the
provisions requiring the elimination of lead-base paint hazards under subpart B of
24 CFR Part 35. Contractor shall ensure that all affected work is performed in a
complying manner, and that all inspections, certifications and clearances are
properly performed.
Federal Labor Standards Provisions
Except with respect to the rehabilitation of residential property designed for
residential use for less than eight families, all contractors engaged under
contracts in excess of $2,000 for the construction, prosecution, completion or
repair of any building or work financed in whole or part with assistance provided
with Community Development Block Grant funds, shall comply with HUD
requirements pertaining to such contracts, and the applicable requirements of
the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the
payment of wages and the ratio of apprentices and trainees to journeymen:
provided that if wage rates higher than those required under such regulations are
imposed by state or local law, nothing hereunder is intended to relieve the
contractor of its obligation to require payment of the higher rates.
Interest of Officers, Local Governing Body, and Other Public Officials
No member, officer or employee of the City or its designees or agents, no
member of the governing body of the City, and no other public
Attachment 1 – Compliance Requirements Page 9 of 9
official of such locality or localities who exercises any functions or responsibilities
with respect to the CDBG program during their tenure or for one year thereafter,
shall have any interest, direct or indirect, in any contract or subcontract or the
proceeds thereof, for work to be performed in connection with the program
assisted under
16. Compliance with the Energy Policy and Conservation Act
The contractor agrees to meet mandatory standards and policies relating to
energy efficiency which are contained in the State Energy Conservation Plan.
(Use only when applicable)
Name of Contractor Firm Name of Subcontractor Firm
Signature Signature
Name Name
Title Title
Date Date
CERTIFICATION FOR APPLICABLE FRINGE BENEFIT PAYMENTS
CITY OF
Project Name Awarding Agency
Location:Project Number:
Work Classification HOURLY FRINGE BENEFITS PROVIDED Name, Address, and Telephone Number of the
Approved Plan, Fund, or Program
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain)$
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain)$
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain)$
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain)$
TOTAL HOURLY FRINGE $
Health & Welfare $
Pension $
Vacation $
Apprenticeship/Training $
Other (explain)$
TOTAL HOURLY FRINGE $
I certify under penalty of perjury that:
I make payments to approved fringe benefit plans, funds, or programs as listed above.
OR
I DO NOT make payments to approved fringe benefit plans, funds, or programs.
Benefits are added to hourly rates and paid to employees weekly.
(Print Company Name)(Print Name of Person Authorized to Sign)
Contractor License Number:By:
Date:Title:
Exhibit 17
form HUD-4720
(03/2004)
Project Wage Rate Sheet U.S. Department of Housing and Urban Development
Office of Labor Relations
PROJECT NAME:WAGE DECISION NUMBER/MODIFICATION NUMBER:
PROJECT NUMBER:PROJECT COUNTY:
WORK CLASSIFICATION
BASIC HOURLYRATE(BHR) FRINGEBENEFITS
TOTAL HOURLYWAGERATE
LABORERSFRINGEBENEFITS: $
Bricklayers $GROUP #BHR TOTAL WAGE
Carpenters $$
Cement Masons $ $
Drywall Hangers $$
Electricians $$
Iron Workers $$
Painters $
OPERATORS
FRINGE BENEFITS: $
Plumbers $
GROUP #BHR TOTAL WAGE
Roofers $$
Sheet Metal Workers $$
Soft Floor Layers $ $
Tapers $ $
Tile Setters $
TRUCK DRIVERS
FRINGE BENEFITS: $
OTHER CLASSIFICATIONS
GROUP #BHR TOTAL WAGE
$ $
$ $
$ $
ADDITIONAL CLASSIFICATIONS (HUD Form 4230-A)
WORK CLASSIFICATION
BASIC HOURLY
RATE
FRINGE
BENEFITS
TOTAL HOURLY
WAGE RATE
DATE OF HUD
SUBMISSION TO
DOL
DATE OF DOL
APPROVAL
$
$
$
$
Exhibit 18
Certification of Understanding and Authorization
Project Name:
:
This is to certify that the principals and the authorized payroll officer, below,
have read Standard Provisions
The following person(s) is designated at the payroll officer for the undersigned
and is authorized to sign the Statement of Compliance will accompany
weekly certified payroll report for th
Designated Payroll Officer ()Designated Payroll Officer (Signature)
Authorized
(Title)
Number
(Date)
Authorized
Exhibit 19
Report of Additional
Classification and Wage Rate
U.S. Department of Housing and Urban Development
Office of Labor Relations
OMB Approval No. 2501-0011
(Exp. 09/30/2006)
HUD-4230A (8-03) PREVIOUS EDITION IS OBSOLETE
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining data needed, and completing and reviewing the collection of information. The information is considered
non-sensitive and does not require special protection. This information is required to obtain benefits. This agency may not collect this information, and you
are not required to complete this form, unless it displays a currently valid OMB control number.
Employers engaged on HUD-assisted construction projects subject to Davis-Bacon wage requirements must pay no less than the wages determined to be
prevailing by the Secretary of Labor to all laborers and mechanics engaged on the construction work. On occasion, the applicable Davis-Bacon wage
decision does not contain all of the work classifications and wage rates needed to complete the construction work. This information collection facilitates the
addition of needed work classifications and wage rates for the construction work involved. This form is used by HUD and local agencies administering HUD
programs to report employer request(s) for additional classification and wage rates so that an appropriate wage rate can be approved by the Department of
Labor for the construction work. This information collection is required by Department of Labor regulations at 29 CFR 5.5. While no assurances of
confidentiality are pledged to respondents, HUD generally discloses these data only in response to a Freedom of Information request.
Instructions
General:
Contractors/Employers: Do not need to complete this form. Submit a written, signed request to the responsible contracting agency
naming the work classifications and the wage rates, including any fringe benefits, that are proposed.
Local Agency Staff: Complete items 2 through 10. Submit one copy of this form to the responsible HUD Labor Relations Office with
a copy of the applicable Davis-Bacon wage decision and the written request from the employer naming the work classifications and
wage rates that are proposed. (The employer’s request must be made in writing and must be signed.)
1. For HUD or State CDBG Office use. Enter the name and address of HUD Office (or State CDBG office) submitting the report
and to which the DOL reply should be sent.
2. Enter the name and number of the project or contract involved.
3. Enter the location of the project involved: city, county and state.
4. Describe the construction involved, e.g., new construction or rehabilitation, number and type of buildings, number of stories,
number of units (as applicable). For example, New construction: 3 – 4-story buildings; 120 units.
5. Enter the character of construction as defined by DOL for Davis-Bacon prevailing wage rate purposes.
6. Enter the number of the Davis-Bacon wage decision applicable to the construction work. Include the number of wage decision
modifications (if any) applicable to the work.
7. Enter the effective date of the wage decision for the project. (See DOL regulations at 29 CFR 1.6.)
8. Enter the work classifications and corresponding hourly basic wage rates and fringe benefit rates (if any) requested.
9. Self-explanatory.
10. If the requesting employer is not the prime contractor, enter the name and address of the subcontractor/employer making the
request.
Remainder of Form: HUD Labor Relations/State CDBG use.
HUD Labor Relations/State CDBG Staff: Evaluate the employer’s request against the criteria for approval (see DOL Regulations,
29 CFR Part 5, and related contract labor standards provisions). The criteria are reflected in “checklist” form to ensure that each
factor is considered and to ensure that supporting documentation, including a copy of the applicable wage decision, is attached.
Check the box next to each criterion that is met; do not check the box next to any criterion that is not met.
If the request meets all criteria, check the appropriate box, enter the name and telephone number of the HUD/State CDBG agency
representative, and sign and date the form. Submit one copy of the completed form to the DOL with a copy of the applicable Davis-
Bacon wage decision and the written request from the employer involved.
If the request fails to pass all criteria, check the appropriate box, enter agency contact information, and sign and date the form.
Submit one copy of the completed form to the DOL with a copy of the applicable Davis-Bacon wage decision, the written request
from the employer involved, and a cover letter explaining how the employer’s request failed to meet one or more of the criteria.
Submission of Report
Completed forms shall be sent to: Branch of Construction Wage Determinations, U.S. Department of Labor, 200 Constitution
Avenue, NW, Room S-3014, Washington, DC 20210.
Exhibit 20
HUD FORM 4230AU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approval Number 2501-0011
(Exp.09/30/2006)
2. PROJECT NAME AND NUMBER1. FROM (name and address of requesting agency)
3. LOCATION OF PROJECT (City, County and State)
5. CHARACTER OF CONSTRUCTION4. BRIEF DESCRIPTION OF PROJECT
Building
Heavy
Highway
Residential
Other (specify)
6. WAGE DECISION NO. (include modification number, if any)
COPY ATTACHED
7. WAGE DECISION EFFECTIVE DATE
8.WORK CLASSIFICATION(S)HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
9. PRIME CONTRACTOR (name, address)10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address)
Check All That Apply:
The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
The proposed classification is utilized in the area by the construction industry.
The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the
wage decision.
The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
Supporting documentation attached, including applicable wage decision.
Check One:
Approved, meets all criteria. DOL confirmation requested.
One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested.
FOR HUD USE ONLY
LR2000:
Agency Representative
(Typed name and signature)
Date Log in:
Log out:
Phone Number
HUD-4230A (8-03) PREVIOUS EDITION IS OBSOLETE
Exhibit 20(a)
CONTRACTOR’S RATIO OF
APPRENTICES/TRAINEES TO JOURNEYMEN
Firm Name:____________________________________________________________________
The following is a list of my entire work force employed on all State, Private, or Federally-financed
or Federally-assisted construction projects for the county stated below.
County: _____________________________________ as of ____________________________
(NOTE: Do not list the name of any journeyman or apprentice/trainee)
JOURNEYMAN CLASSIFICATION TOTAL
APPRENTICE/TRANEE
CLASSIFICATION TOTAL
AUTHORIZED SIGNATURE:TITLE:
______________________________________ ________________________________
Exhibit 21
Exhibit 22 CONTRACTOR QUESTIONNAIRE
Firm Name Date
Street Address City State Zip
Mailing Address Cily State Zip
Phone No. Fax No.
TYPE OF ORGANIZATION
0 Individual Name of Owner:
D Corporation State of Incorporation:
D Partnership Partnership Form: D General □Limited
Names of Partners:
0 Joint Venture Joint Venture Participants:
Local Address:
OWNERSHIP INTEREST
Black Hispanic Alaskan Native or Asian or Pacific White Women American Indian Islander
Exhibit 9 – Instructions for Completing Payroll Documents Page 1 of 3
INSTRUCTIONS FOR COMPLETING PAYROLL DOCUMENTS
Certified Weekly Payroll Report Form
General: Form WH-347has been made available for the convenience of contractors and subcontractors
required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R.,
Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts.
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors
performing work on Federally financed or assisted construction contracts to respond to the information
collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and
subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a
statement with respect to the wages paid each employee during the preceding week." U.S. Department of
Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls
to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or
mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that
employees have received legally required wages and fringe benefits.
Under the Davis-Bacon and related Acts, the contractor is required to pay not less than prevailing wage,
including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or
programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe
benefits.
This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether
as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the
statement of compliance on the payroll (as shown on page 2) that he/she is paying for fringe benefits required
by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation
of the payroll follow:
Contractor or Subcontractor: Fill in your firm's name and check appropriate box.
Address: Fill in your firm's address.
Payroll No.: Beginning with the number "1", list the payroll number for the submission.
For Week Ending: List the workweek ending date.
Project and Location: Self-explanatory.
Project or Contract No.: Self-explanatory.
Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll
submitted.
Column 2 - No. of Withholding Exemptions: This column is merely inserted for the employer's
convenience and is not a requirement of Regulations, Part 3 and 5.
Exhibit 23
Exhibit 9 – Instructions for Completing Payroll Documents Page 2 of 3
Column 3 - Work Classifications: List classification descriptive of work actually performed by each laborer
or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If
additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual
may be shown as having worked in more than one classification provided an accurate breakdown or hours
worked in each classification is maintained and shown on the submitted payroll by use of separate entries.
Column 4 - Hours worked: List the day and date and straight time and overtime hours worked in the
applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in
excess of 40 hours a week as "overtime".
Column 5 - Total: Self-explanatory
Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the
actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic
rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. When overtime is worked, show
the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker; otherwise, you may skip this box. See "Fringe Benefits" below. Payment of not less than time and one-
half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962
if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the
classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in
the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay
as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below.
Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the
amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the earnings of a worker who earned $163.00 on a
Federally assisted construction project during a week in which $420.00 was earned on all work.
Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five
deduction are involved, use the first four columns and show the balance deductions under "Other" column; show actual total under "Total Deductions" column; and in the attachment to the payroll describe the
deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project,
show actual deductions from his/her weekly gross wage, and indicate that deductions are based on his gross
wages.
Column 9 - Net Wages Paid for Week: Self-explanatory.
Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so
desires.
Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. §
1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true.
Items 1and 2: Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state
"See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement.
Exhibit 9 – Instructions for Completing Payroll Documents Page 3 of 3
Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe
benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable
wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each
worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH-347 payroll
form to indicate the payment. Note any exceptions in section 4(c).
Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or
programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight
time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the application wage
decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on
basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in
cash directly to the workers. Note any exceptions in section 4(c).
Use of Section 4(c), Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage
determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe
benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft,
and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and
the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount
not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such
individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or
Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of
overtime rate.
Public Burden Statement: We estimate that it will take an average of 55 minutes to complete this collection
of information, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. If you have any
comments regarding these estimates or any other aspect of this collection of information, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of
Labor, Room S3502, 200 Constitution Avenue, N.W.,Washington, D.C. 20210.
Note: In order to view, fill out, and print PDF forms, you need Adobe® Acrobat® Reader® version 5 or later,
which you may download for free at www.adobe.com/products/acrobat/readstep2.html. To save the completed forms on your workstation, you need to use the "Save As" method to save the file.
For example, move your mouse curser over the PDF link and click on your "RIGHT" mouse button. This will cause a menu to be displayed, from which you will select the proper save option -- depending upon which
browser you are using:
For Microsoft IE users, select "Save Target As"
For Netscape Navigator users, select "Save Link As"
Once you've selected the proper save option for your browser, and have saved the file to a location you
specified, go to your program menu and start the Adobe Acrobat® Reader. Once open, locate the PDF file you
saved and open it directly in Acrobat®.
U.S. Department of LaborPAYROLL (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)
Wage and Hour Division Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESSOMB No.: 1235-0008 Expires: 01/31/2015 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (2) (3) (4) DAY AND DATE(5) (6) (7) (9) (8) DEDUCTIONS O O O O O O O O NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKERNO. OF WITHHOLDiNG EXEMPTIONS WORK CLASSIFICATION OT. OR ST. HOURS WORKED EACH DAY TOTAL HOURS RATE OF PAY GROSS AMOUNT EARNEDFICA WITH-HOLDING TAXOTHER TOTAL DEDUCTIONS NET WAGES PAID FOR WEEK S SS S S S S S Rev. Dec. 2008Rev. Dec. 2008While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden StatementWe estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210(over)Exhibit 23(a)
Date I,(Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed byon the (Contractor or Subcontractor) ; that during the payroll period commencing on the (Building or Work) day of,, and ending theday of,, all persons employed on said project have been paid t he full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full (Contractor or Subcontractor) weekly wages earned by any person and t hat no deductions have been m ade either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2)That any payrolls otherwise under this contract required to be s ubmitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage det ermination incorporated into the c ontract; that t he classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) T hat any apprent ices em ployed in t he abov e period are duly registered in a bona fideapprenticeship program registered with a St ate apprent iceship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4)That:(a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS−in addition to the basic hourly wage rates paid to each laborer or mechanic listed inthe above referenced payroll, payments of fringe benefits as listed in the contracthave been or will be made to appropriate programs for the benefit of suchemployees, except as noted in section 4(c) below.(b)WHERE FRINGE BENEFITS ARE PAID IN CASH−Each laborer or mechanic listed in the above referenced payroll has been paid,as indicated on the payroll, an amount not less than the sum of the applicablebasic hourly wage rate plus the amount of the required fringe benefits as listedin the contract, except as noted in section 4(c) below.(c) EXCEPTIONSREMARKS: EXCEPTION (CRAFT)EXPLANATION NAME AND TITLE SIGNATURE THE WILLFUL FALSIFICATION O F ANY OF T HE ABO VE ST ATEMENTS MAY SUBJ ECT T HE CO NTRACTOR O R SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. Exhibit 23(b)
Employers
Holding Federal
Contracts or
Subcontracts
Equal Employment Opportunity is
THE LAW
Private Employment,
State and Local
Governments,
Educational Institutions
Programs or
Activities Receiving
Federal Financial
Assistance
Exhibit 24
WORKER RIGHTS
UNDER THE DAVIS-BACON ACT
The law requires employers to display this poster where employees can readily see it.
PREVAILING
WAGES
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted
with this Notice for the work you perform.
OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked
over 40 in a work week. There are few exceptions.
ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and
liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract
clauses allow contract termination and debarment of contractors from future federal contracts for
three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be
subject to civil or criminal prosecution, fines and/or imprisonment.
APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State
apprenticeship programs.
RETALIATION
PROPER PAY
The law prohibits discharging or otherwise retaliating against workers for filing a complaint,
cooperating in an investigation, or testifying in a proceeding under the Davis-Bacon and Related
Acts.
If you do not receive proper pay, or require further information on the applicable wages, contact
the Contracting Officer listed below:
or contact the U.S. Department of Labor’s Wage and Hour Division.
BOR1-TY: 1-877-889-562WH1321 REV 10/17
APPENDIX B – RESIDENTIAL STREET RESURFACING & STRIPING PLANS
Underground Service Alert
Call: TOLL FREE
811
TWO WORKING DAYS BEFORE YOU DIG
APPROVED BY:
CITY ENGINEER
SHEET 1 OF 12 SHEET DWG. NO.
DATE
INDEX OF PLANS
SHEET NO.
1
2-4
5
6
7-12
DESCRIPTION
TITLE SHEET PROJECT LOCATION MAP
GENERAL NOTES
DETAILS
MARKING AND STRIPING
LEGEND
PAVEMENT TYPE 1 - COLD-MILL 1.5” EXISTING ASPHALT CONCRETE AND
CONSTRUCT 1.5” C-PG 64-10. WORK INCLUDES CRACK SEALING.
CITY LIMITS
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS PROJECT NO. 21035 TITLE SHEET
CITY OF ROSEMEAD, CALIFORNIA
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS, PROJECT No. 21035
TO BE SUPPLEMENTED BY 2021 STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
AND
2021 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
CITY LIMITS
SHEET 3
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF
PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE APPROXIMATE AND FOR BID
PURPOSES ONLY. FINAL LIMITS OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS
OF WORK SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
SHEET 4 SHEET 2
APPROVED BY:
CITY ENGINEER DATE
Underground Service Alert
Call: TOLL FREE
811
DWG. NO. WORKING DAYS BEFORE YOU DIG SHEET OF SHEET
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS PROJECT NO. 21035 PROJECT LOCATION MAP
12
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
2
LEGEND
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF
PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE APPROXIMATE AND FOR BID
PURPOSES ONLY. FINAL LIMITS OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS
OF WORK SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
PAVEMENT TYPE 1 - COLD-MILL 1.5” EXISTING ASPHALT CONCRETE AND
CONSTRUCT 1.5” PG 64-10. WORK INCLUDES CRACK SEALING.
CITY LIMITS
PROSPECT AVENUE GARVEY AVENUE WHITMORE STREET JACKSON AVENUE
STEVENS AVENUE
PROSPECT AVENUE
ISABEL AVENUE
EVELYN AVENUE EVELYN AVENUE COLUMBIA STREET COLUMBIA STREET LINDY AVENUE
JACKSON AVENUE
DEL MAR AVENUE
APPROVED BY:
CITY ENGINEER DATE
Underground Service Alert
Call: TOLL FREE
811
DWG. NO. WORKING DAYS BEFORE YOU DIG SHEET OF SHEET
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS PROJECT NO. 21035
PROJECT LOCATION MAP
12
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
3
LEGEND
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF
PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE APPROXIMATE AND FOR BID
PURPOSES ONLY. FINAL LIMITS OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS
OF WORK SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
PAVEMENT TYPE 1 - COLD-MILL 1.5” EXISTING ASPHALT CONCRETE AND CONSTRUCT 1.5” PG 64-10. WORK INCLUDES CRACK SEALING.
CITY LIMITS DEL MAR AVENUE DOROTHY STREET PARKING STALLS PARKING STALLS
EMERSON PLACE BRIGHTON STREET ARTSON STREET ARTSON STREET FALLING LEAF AVENUE SAN GABRIEL BLVD LAFAYETTE AVENUE DANNA COURT
HELLMAN AVENUE ECKHART AVENUE PARKING STALLS
APPROVED BY:
CITY ENGINEER DATE
Underground Service Alert
Call: TOLL FREE
811
DWG. NO. WORKING DAYS BEFORE YOU DIG SHEET OF SHEET
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS PROJECT NO. 21035
PROJECT LOCATION MAP
12
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
4
LEGEND
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF
PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE APPROXIMATE AND FOR BID
PURPOSES ONLY. FINAL LIMITS OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS
OF WORK SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
PAVEMENT TYPE 1 - COLD-MILL 1.5” EXISTING ASPHALT CONCRETE AND
CONSTRUCT 1.5” PG 64-10. WORK INCLUDES CRACK SEALING.
CITY LIMITS GARVEY AVENUE EARLE AVENUE
DELTA AVENUE
WALNUT GROVE AVENUE
GLADYS AVENUE
CHARLOTTE AVENUE HELLMAN AVENUE SAN GABRIEL BLVD GAYDON AVENUE
SAN GABRIEL BLVD ARTSON STREET GLADYS AVENUE
ANGELUS AVENUE
WILLARD AVENUE
ROCKHOLD AVENUE ROCKHOLD AVENUE
ROCKHOLD AVENUE
WILLARD AVENUE
DELTA PL
WILLARD AVENUE
EARLE AVENUE
DELTA AVENUE
CHARLOTTE AVENUE
GLADYS AVENUE
SAN GABRIEL BLVD PARK STREET PARK STREET CHARLOTTE AVENUE
CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT NO. 21035
GENERAL NOTES
SHEET 5 OF 12 SHEET
GENERAL NOTES
1- ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE "STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION", LATEST EDITION, AND ALL SUPPLEMENTS, EXCEPT WHERE OTHERWISE SPECIFIED;
THE NOTES AND DETAILS ON THE DRAWINGS; AMERICAN PUBLIC WORKS ASSOCIATION STANDARD PLANS; CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CAMUTCD); CALTRANS STANDARD PLANS
LATEST EDITION; THE GENERAL PROVISIONS (PART 1); AND THE SPECIAL PROVISIONS (PART 2).
2- APPLICATION FOR INSPECTION TO THE CITY OF ROSEMEAD DEPARTMENT OF PUBLIC WORKS SHALL BE MADE
BY THE CONTRACTOR BEFORE THE SERVICES THEREOF WILL BE REQUIRED. REQUESTS FOR INSPECTION SHALL BE MADE 48 HOURS IN ADVANCE OF REQUIRED INSPECTION.
3- WORK IN PUBLIC STREETS, ONCE BEGUN, SHALL BE COMPLETED WITHOUT DELAY SO AS TO PROVIDE
MINIMUM INCONVENIENCE TO ADJACENT PROPERTY OWNERS AND TO THE TRAVELING PUBLIC.
4- THE CONTRACTOR SHALL TAKE ALL NECESSARY AND PROPER PRECAUTIONS TO PROTECT ADJACENT PROPERTIES FROM ANY AND ALL DAMAGE THAT MAY OCCUR FROM STORM WATER RUNOFF AND/OR DEPOSITION OF DEBRIS RESULTING FROM ANY AND ALL WORK IN CONNECTION WITH CONSTRUCTION
ACTIVITIES.
5- THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEARING OF THE PROPOSED WORK AREA, AND RELOCATION COSTS OF ALL EXISTING UTILITIES. PERMITTEE MUST INFORM CITY OF ROSEMEAD. CONSTRUCTION SCHEDULE AT LEAST 48 HOURS PRIOR TO BEGINNING OF CONSTRUCTION.
6- NO TRENCHES MAY BE LEFT OPEN OVERNIGHT UNLESS APPROVED BY THE CITY ENGINEER.
7- IF ANY UTILITIES OR FACILITIES CONFLICT WITH PROPOSED IMPROVEMENTS, ALL WORK SHALL STOP, AND THE CITY ENGINEER SHALL BE NOTIFIED IMMEDIATELY.
8- THE CONTRACTOR SHALL CALL UNDERGROUND SERVICE ALERT (U.S.A.) AS REQUIRED PRIOR TO THE START
OF WORK. UPON EXPOSING ANY UTILITY'S UNDERGROUND FACILITY THE CONTRACTOR SHALL NOTIFY THE
AFFECTED UTILITY PURVEYOR. 9- IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ALL SUBSTRUCTURES WITHIN THE ALIGNMENT OF THE PROPOSED IMPROVEMENTS, AND IN THE EVENT OF SUBSTRUCTURE DAMAGE, HE SHALL
BEAR THE TOTAL COST OF REPAIR OR REPLACEMENT.
10- THE CONTRACTOR SHALL NOT CONDUCT ANY OPERATIONS OR PERFORM ANY WORK PERTAINING TO THE PROJECT BETWEEN 4:00 P.M. AND 7:00 A.M. ON ANY DAY NOR ON SATURDAY, SUNDAY, HOLIDAY AT ANY TIME EXCEPT AS APPROVED BY THE ENGINEER.
11- TREES, FOLIAGE, SIGNS, AND OTHER IMPROVEMENTS SHALL BE PROTECTED IN PLACE AND ANY DAMAGE TO
EXISTING IMPROVEMENTS SHALL BE REPLACED IN KIND BY THE CONTRACTOR AT THEIR COST TO THE
SATISFACTION OF THE ENGINEER.
12- THE CONTRACTOR IS ADVISED THAT ALL EXCAVATED MATERIALS SHALL BECOME HIS PROPERTY AND SHALL
BE REMOVED FROM THE JOB-SITE UNLESS INSTRUCTED BY THE CITY ENGINEER TO DO OTHERWISE.
13- THE CONTRACTOR SHALL BE RESPONSIBLE DURING ALL PHASES OF THE WORK TO PROVIDE FOR PUBLIC SAFETY AND CONVENIENCE.
14- THE CONTRACTOR SHALL ADJUST ALL UTILITIES COVERS TO FINISHED GRADE AT THEIR COST.
15- THE CONTRACTOR SHALL PROVIDE A TRAFFIC CONTROL PLAN FOR THE COMPLETION OF THE PROPOSED
IMPROVEMENTS PER THE "WORK AREA TRAFFIC CONTROL HANDBOOK" (W.A.T.C.H.) TO THE SATISFACTION OF THE CITY ENGINEER.
16- THE CONTRACTOR SHALL PROVIDE A 72-HOUR NOTIFICATION TO THE AFFECTED PROPERTIES, POLICE
DEPARTMENT, AND FIRE DEPARTMENT IN THE EVENT OF A CHANGE IN STREET CLOSURE TO TRAFFIC AND/OR
PUBLIC SAFETY VEHICLES, PARKING RESTRICTIONS, AND ON EACH MONDAY MORNING DURING THE CONSTRUCTION PERIOD.
17- AS REQUIRED BY THE CITY ENGINEER, THE CONTRACTOR SHALL FURNISH AND OPERATE A SELF-LOADING
MOTOR SWEEPER WITH SPRAY NOZZLES AT LEAST TWICE EACH WORKING DAY TO KEEP PAVED AREAS
ACCEPTABLY CLEAN WHEREVER CONSTRUCTION, INCLUDING RESTORATION, IS INCOMPLETE.
NPDES NOTES
1- ERODED SEDIMENTS AND OTHER POLLUTANTS MUST BE RETAINED ON SITE AND MAY NOT BE
TRANSPORTED FROM THE SITE VIA SHEET FLOW, SWALES, AREA DRAINS, NATURAL DRAINAGE
COURSES, OR WIND. 2- STOCKPILES OF EARTH AND OTHER CONSTRUCTION RELATED MATERIALS MUST BE
PROTECTED FROM BEING TRANSPORTED FROM THE SITE BY THE FORCES OF WIND OR WATER.
3- FUELS, OILS, SOLVENTS, AND OTHER TOXIC MATERIALS MUST BE STORED IN ACCORDANCE WITH THEIR LISTING AND ARE NOT TO CONTAMINATE THE SOIL AND SURFACE WATERS. ALL APPROVED STORAGE CONTAINERS ARE TO BE PROTECTED FROM THE WEATHER. SPILLS MUST BE CLEANED UP IMMEDIATELY AND DISPOSED OF IN A PROPER MANNER. SPILLS MAY NOT BE
WASHED INTO THE DRAINAGE SYSTEM.
4- EXCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC WAY OR ANY OTHER DRAINAGE SYSTEM. PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON SITE UNTIL THEY CAN BE DISPOSED OF AS SOLID WASTE.
5- TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO A COVERED
RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL BY WIND.
6- SEDIMENTS AND OTHER MATERIALS MAY NOT BE TRACKED FROM THE SITE BY VEHICLE
TRAFFIC. THE CONSTRUCTION ENTRANCE ROADWAYS MUST BE STABILIZED SO AS TO INHIBIT
SEDIMENTS FROM BEING DEPOSITED INTO THE PUBLIC WAY. ACCIDENTAL DEPOSITIONS MUST
BE SWEPT UP IMMEDIATELY AND MAY NOT BE WASHED DOWN BY RAIN OR OTHER MEANS.
7- ANY SLOPES WITH DISTURBED SOILS OR DENUDED OF VEGETATION MUST BE STABILIZED SO AS TO INHIBIT EROSION BY WIND AND WATER.
8- SEE SPECIFICATIONS FOR APPLICABLE BMP'S AS OUTLINED IN, BUT NOT LIMITED TO, THE
CALIFORNIA STORMWATER BEST MANAGEMENT PRACTICE HANDBOOK, CALIFORNIA STORM WATER QUALITY TASK FORCE, SACRAMENTO, CALIFORNIA 2003, OR THE LATEST REVISED EDITION, WHICH MAY APPLY DURING CONSTRUCTION (ADDITIONAL MEASURES MAY BE REQUIRED IF DEEMED APPROPRIATE BY INSPECTOR):
GENERAL STRIPING NOTES
1- SIGNING, MARKING AND STRIPING SHALL CONFORM TO THE CALIFORNIA MANUAL OF UNIFORM TRAFFIC
CONTROL DEVICES (CA MUTCD) (LATEST EDITIONS), CALTRANS STANDARD SPECIFICATIONS (LATEST EDITION),
AND ANY ADDENDUM THERETO TO LATEST EDITION AND THESE PLANS, SPECIAL PROVISIONS AND CONTRACT DOCUMENTS.
2- ALL STRIPING AND PAVEMENT MARKINGS SHALL BE REFLECTORIZED AND THERMOPLASTIC PAINT.
3- ALL CONFLICTING STRIPING AND PAVEMENT MARKINGS SHALL BE REMOVED AS FOLLOWS: PAINT SHALL BE REMOVED BY SANDBLASTING, THERMOPLASTIC STRIPING SHALL BE REMOVED BY MICROGRINDING, OR OTHER APPROVED METHOD PRIOR TO APPLICATION OF SLURRY SEAL. ALL CONFLICTING RAISED PAVEMENT MARKERS
SHALL BE REMOVED. PAVEMENT DAMAGED DUE TO REMOVAL OF MARKERS OR STRIPING SHALL BE REPAIRED
TO THE SATISFACTION OF THE CITY ENGINEER.
4- THE CONTRACTOR SHALL CONTACT THE CITY OF ROSEMEAD FOR INSPECTION 48 HOURS PRIOR TO BEGINNING OF CONSTRUCTION.
5- CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND DIMENSION BEFORE STARTING WORK. IF
CONDITIONS EXIST WHICH ARE CONTRATY TO THOSE SHOWN ON PLANS, THE CITY ENGINEER SHALL BE
NOTIFIED BEFORE PROCEEDING WITH WORK. 6- SEE SPECIAL PROVISIONS OF THE CONTRACT DOCUMENTS FOR OTHER REQUIREMENTS.
GENERAL TRAFFIC CONTROL NOTES
1- ALL TRAFFIC CONTROL FOR CONSTRUCTION SHALL CONFORM TO PART 6-TEMPORARY TRAFFIC CONTROL OF THE CA MUTCD, ANY ADDENDUMS TO OR LATEST EDITION AND O.S.H.A REQUIREMENTS.
2- THE CONTRACTOR SHALL HAVE ALL TRAFFIC CONTROL SIGNS, DELINEATORS, ETC., PROPERLY INSTALLED
PRIOR TO COMMENCING WITH CONSTRUCTION.
3- THE CONTRACTOR SHALL MAINTAIN ALL TRAFFIC CONTROL SIGNS, DELINEATORS, ETC., TO ENSURE PROPER FLOW AND SAFETY OF TRAFFIC WHILE WORKING IN THE STREET.
4- ADDITIONAL TRAFFIC CONTROL DEVICES MAY BE REQUIRED IN THE FIELD. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR ANY ADDITIONAL TRAFFIC CONTROL DEVICES REQUIRED BY THE CITY TO ASSURE PUBLIC
SAFETY AT ALL TIMES. 5- THE CONTRACTOR SHALL UTILIZE FLAG MAN DURING CONSTRUCTION WORK AS DEEMED NECESSARY BY THE
CITY ENGINEER.
6- ARROW BOARDS SHALL BE USED ON ANY LANE CLOSURE ON ARTERIAL STREETS. 7- STRIPING SHALL BE CAT TRACKED AND APPROVED BY THE ENGINEERING PRIOR TO FINAL INSTALLATION.
8- MAINTAIN ONE TRAFFIC LANE ON BOTH DIRECTIONS AT ALL TIMES.
9- ALL TRAFFIC LANES MUST BE OPEN AT THE END OF WORK HOURS EACH DAY. 10- ANY DEVIATION TO THE TRAFFIC LANE REQUIREMENTS SHALL REQUIRE THE CITY ENGINEER'S APPROVAL A
MINIMUM 24 HOURS ADVANCE NOTICE.
11- SEE SPECIAL PROVISIONS OF THE CONTRACT DOCUMENTS FOR OTHER TRAFFIC CONTROL REQUIREMENTS.
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF
PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE APPROXIMATE AND FOR BID
PURPOSES ONLY. FINAL LIMITS OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL
ITEMS OF WORK SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
Order Street Name Begin Location End Location Length Width Area (SF)
Manholes
(EA)
Valve Covers
(EA)
1 COLUMBIA ST JACKSON AVE EAST END 1,100 32 35,200 5 5
2 COLUMBIA ST WEST END JACKSON AVE 1,080 32 34,560 4 5
3 LINDY AVE SOUTH END COLUMBIA ST 120 40 4,800 1 2
4 JACKSON AVE COLUMBIA ST NORTH END 140 32 4,480 0 1
5 STEVENS AVE EMERSON AVE HELLMAN AVE 1,260 32 40,320 4 8
6 PROSPECT AVE GARVEY AVE WHITMORE ST 810 26 21,060 2 4
7 EVELYN AVE EMERSON AVE HELLMAN AVE 1,280 32 40,960 5 1
8 EVELYN AVE GARVEY AVE HELLMAN AVE 1,260 32 40,320 5 2
9 DOROTHY ST KELBURN AVE DEL MAR AVE 1,300 34 44,200 5 6
10 KELBURN AVE EMERSON AVE DOROTHY AVE 630 32 20,160 0 0
11 KELBURN AVE DOROTHY AVE HELLMAN AVE 640 32 20,480 9 7
12 BRIGHTON ST HELLMAN AVE ARTSON ST 530 26 13,780 1 0
13 BRIGHTON ST DOROTHY AVE HELLMAN AVE 600 34 20,400 1 0
14 ARTSON ST BRIGHTON AVE WEST END 192 26 4,992 3 1
15 ARTSON ST BRIGHTON AVE EAST END 500 26 13,000 1 1
16 ARTSON ST LAFAYETTE ST WEST END 280 20 5,600 1 2
17 ARTSON ST ECKHART AVE LAFAYETTE ST 350 20 7,000 1 3
18 DANA CT EAST END ECKHART AVE 230 26 5,980 1 1
19 GAYDON AVE HELLMAN AVE ARTSON ST 460 26 11,960 2 2
20 GLADYS AVE DOROTHY AVE HELLMAN AVE 740 36 26,640 5 3
21 GLADYS AVE DOROTHY ST PARK ST 1,160 36 41,760 4 2
22 GLADYS AVE PARK ST SOUTH END 360 32 11,520 1 2
23 PARK ST SAN GABRIEL BLVD GLADYS AVE 270 32 8,640 1 2
24 PARK ST GLADYS AVE CHARLOTTE AVE 350 32 11,200 0 1
25 PARK ST CHARLOTTE AVE ANGELUS AVE 360 32 11,520 0 3
26 PARK ST ANGELUS AVE EAST END 130 32 4,160 1 2
27 CHARLOTTE AVE GARVEY AVE PARK ST 600 35 21,000 3 4
28 CHARLOTTE AVE 470' N/O PARK ST PARK ST 470 36 16,920 2 3
29 CHARLOTTE AVE 470' N/O PARK ST DOROTHY AVE 680 36 24,480 4 5
30 CHARLOTTE AVE DOROTHY AVE HELLMAN AVE 740 36 26,640 2 0
31 DOROTHY ST SAN GABRIEL BLVD GLADYS AVE 280 36 10,080 1 2
32 DOROTHY ST GLADYS AVE CHARLOTTE AVE 370 36 13,320 1 0
33 DOROTHY ST CHARLOTTE AVE DELTA AVE 720 35 25,200 2 7
34 DOROTHY ST ROCKHOLD AVE DELTA AVE 800 36 28,800 4 9
35 DOROTHY ST WALNUT GROVE AVE ROCKHOLD AVE 320 36 11,520 1 1
36 EARLE AVE GARVEY AVE DELTA ST 1,140 30 34,200 9 11
37 DELTA AVE DOROTHY ST EARLE AVE 840 36 30,240 6 2
38 WILLARD AVE GARVEY AVE ROCKHOLD AVE 1,280 32 40,960 11 8
39 ROCKHOLD AVE DOROTHY AVE 500 S/O DOROTHY AVE 500 32 16,000 2 0
40 ROCKHOLD AVE DOROTHY ST HELLMAN AVE 730 36 26,280 3 1
41 ROCKHOLD AVE HELLMAN AVE ARTSON AVE 460 26 11,960 2 1
Total Quantity in SF (quantity rounded up by 2%) 860,000 Total Man Holes &
Valve Covers (quantity rounded by 5%)
125 130
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND
LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE
APPROXIMATE AND FOR BID PURPOSES ONLY. FINAL LIMITS OF WORK, PAVEMENT
MARKINGS AND MARKERS, AND ALL ITEMS OF WORK SHALL BE PER THE CITY
ENGINEER OR DESIGNEE.
CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS
PROJECT NO. 21035
DETAILS
SHEET 6 OF 12 SHEET
CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT NO. 21035
MARKING AND STRIPING
SHEET 7 OF 12 SHEET
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE
APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS
OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK
SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
NO SCALE
MARKING AND STRIPING NOTES
INSTALL LIMIT LINE/STOP PAVEMENT MARKING PER SPPWC STD. 172-0. LIMIT LINE
AND WORD “STOP” PER CALTRANS STD. A24E AND A24D RESPECTIVELY.
INSTALL BASIC CROSSWALK PER CALTRANS STD. A24F.
1 JACKSON AVE 4 ea LINDY AVE 1
COLUMBIA ST 1
COLUMBIA ST
7737 COLUMBIA ST
1
2
2
STEVENS AVE EMERSON PL 1
1
PROSPECT AVE GARVEY AVE PROSPECT AVE WHITMORE ST 1
CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT NO. 21035
MARKING AND STRIPING
SHEET 8 OF 12 SHEET
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE
APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS
OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK
SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
NO SCALE
MARKING AND STRIPING NOTES
INSTALL LIMIT LINE/STOP PAVEMENT MARKING PER SPPWC STD. 172-0. LIMIT LINE
AND WORD “STOP” PER CALTRANS STD. A24E AND A24D RESPECTIVELY.
INSTALL HIGHER VISIBILITY “LADDER” CROSSWALK WITH RPM PER CALTRANS
STD. A24F AS MODIFIED PER DETAIL A ON SHEET 6.
1
3 ea
EVELYN AVE
3
EVEYLN AVE
3 HELLMAN AVE 1
1
BRIGHTON ST
HELLMAN AVE KELBURN AVE 1 GARVEY AVE EMERSON PL 1
1
EVEYLN AVE HELLMAN AVE 1
CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT NO. 21035
MARKING AND STRIPING
SHEET 9 OF 12 SHEET
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE
APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS
OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK
SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
NO SCALE
MARKING AND STRIPING NOTES
INSTALL LIMIT LINE/STOP PAVEMENT MARKING PER SPPWC STD. 172-0. LIMIT LINE
AND WORD “STOP” PER CALTRANS STD. A24E AND A24D RESPECTIVELY.
INSTALL HIGHER VISIBILITY “LADDER” CROSSWALK WITH RPM PER CALTRANS
STD. A24F AS MODIFIED PER DETAIL A ON SHEET 6.
INSTALL “SLOW”, “SCHOOL”, “CROSSING” WORDS PAVEMENT MARKING PER
CALTRANS STD. A24D.
INSTALL DOUBLE YELLOW NO PASSING ZONE – TWO DIRECTION LINES PER
CALTRANS STD. A20A DETAIL 22.
INSTALL WHITE RIGHT EDGE LINE PER CALTRANS STANDARD PLAN A20B, DETAIL
27B.
INSTALL 4” WHITE DIAGONALS PAVEMENT MARKING @ 3’ SPACING
INSTALL 4” WHITE DIAGONALS PAVEMENT MARKING FOR THE 45° ANGLED
PARKING STALLS (STALL WIDTH = 9’)
INSTALL DIAGONAL DOUBLE PARKING STALL PAVEMENT STRIPING AND
MARKINGS, PER CALTRANS STANDARD PLAN A90A
INSTALL STAFF ONLY PAVEMENT MARKINGS
1
2 ea
DOROTHY ST
3
3 DEL MAR AVE 1 1
3
4
4 BRIGHTON ST 5
5
L=50’
L=50’ 5 BRIGHTON ST DOROTHY ST KELBURN AVE 4
3
2 ea
1
6
7
L = 32’
17’
17’
8
6
8
9
9
(13) 9-FT WIDE DIAGONAL PARKING STALLS
DIAGONAL DOUBLE PARKING ADA STALLS
7
7
10
10
8 (8) DIAGONAL PARKING STALLS 8 (12) 9-FT WIDE DIAGONAL PARKING STALLS 6
3 ea DOROTHY ST KELBURN AVE EMERSON PL 3
1
DIAGONAL DOUBLE PARKING ADA STALLS 9
8 (21) 9-FT WIDE DIAGONAL PARKING STALLS 8 (14) 9-FT WIDE DIAGONAL PARKING STALLS 6
L = 27’
7
13’
9’
6
7
26’
2 ea
CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT NO. 21035
MARKING AND STRIPING
SHEET 10 OF 12 SHEET
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE
APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS
OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK
SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
NO SCALE
MARKING AND STRIPING NOTES
INSTALL LIMIT LINE/STOP PAVEMENT MARKING PER SPPWC STD. 172-0. LIMIT LINE
AND WORD “STOP” PER CALTRANS STD. A24E AND A24D RESPECTIVELY.
INSTALL HIGHER VISIBILITY “LADDER” CROSSWALK WITH RPM PER CALTRANS
STD. A24F AS MODIFIED PER DETAIL A ON SHEET 6.
INSTALL “STOP AHEAD” PAVEMENT MARKING PER CALTRANS STANDARD PLAN
A24D.
INSTALL “SLOW”, “SCHOOL”, “CROSSING” WORDS PAVEMENT MARKING PER
CALTRANS STANDARD PLAN A24D.
INSTALL DOUBLE YELLOW LINE PER CALTRANS STANDARD PLAN A20A, DETAIL
22.
1
3 HELLMAN AVE 1
1 DOROTHY ST 1
GAYDON AVE HELLMAN AVE ROCKHOLD AVE HELLMAN AVE ROCKHOLD AVE
1
1
2 ea,
3 GARVEY AVE WILLARD AVE
ROCHOLD AVE DOROTHY ST 11
11
1
12
12
13
13
18’
18’
18’
19’
CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT NO. 21035
MARKING AND STRIPING
SHEET 11 OF 12 SHEET
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE
APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS
OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK
SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
NO SCALE
MARKING AND STRIPING NOTES
INSTALL LIMIT LINE/STOP PAVEMENT MARKING PER SPPWC STD. 172-0. LIMIT LINE
AND WORD “STOP” PER CALTRANS STD. A24E AND A24D RESPECTIVELY.
INSTALL HIGHER VISIBILITY “LADDER” CROSSWALK WITH RPM PER CALTRANS
STD. A24F AS MODIFIED PER DETAIL A ON SHEET 6.
INSTALL DOUBLE YELLOW LINE PER CALTRANS STANDARD PLAN A20A, DETAIL
22.
1 WALNUT GROVE AVE 1
1
DOROTHY ST DELTA AVE DOROTHY ST
DELTA AVE
1
13
3
1
3128 DELTA PL
13 3192 DELTA PL 120’
EARLE AVE GARVEY AVE EARLE AVE GARVEY AVE CHARLOTTE AVE
1
18’ 20’
18’
19’
19’
19’
3
CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
RESIDENTIAL STREET RESURFACING AND CONCRETE
IMPROVEMENTS
PROJECT NO. 21035
MARKING AND STRIPING
SHEET 12 OF 12 SHEET
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE
APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS
OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK
SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
NO SCALE
MARKING AND STRIPING NOTES
INSTALL LIMIT LINE/STOP PAVEMENT MARKING PER SPPWC STD. 172-0. LIMIT LINE
AND WORD “STOP” PER CALTRANS STD. A24E AND A24D RESPECTIVELY.
1 PARK ST 1
1
CHARLOTTE AVE CHARLOTTE AVE DOROTHY ST 1
1 1 DOROTHY ST GLADYS AVE PARK ST GLADYS AVE
1
1
CHARLOTTE AVE HELLMAN AVE HELLMAN AVE GALDYS AVE
1
1
1 PARK ST SAN GABRIEL BLVD
1 DOROTHY ST SAN GABRIEL BLVD
1
APPENDIX C – STANDARD PLANS (SPPWC) & CALTRANS
APPENDIX D – CONCRETE IMPROVEMENTS - LOCATION INDEX
No.Location LF
1 7562ColumbiaStreet 20
2 7611ColumbiaStreet 16
3 7625ColumbiaStreet 15
4 7733Ͳ7737ColumbiaStreet 40
5 7715ColumbiaStreet 22
6 3331StevensAvenue 5
7 3301StevensAvenue 29
8 3203StevensAvenue 16
9 3212StevensAvenue 19
10 3224StevensAvenue 19
11 3234StevensAvenue 50
12 3300StevensAvenue 92
13 3030ProspectAvenue 12
14 7503GarveyAvenue(ProspectAvesideofMcDonalds
driveway)13
15 3313EvelynAvenue 21
16 3229EvelynAvenue 19
17 3213EvelynAvenue 17
18 3040EvelynAvenue 22
19 3058EvelynAvenue 30
20 3051EvelynAvenue 17
21 3029EvelynAvenue 8
22 7926ArtsonStreet 30
23 7822ArtsonStreet 16
24 7844BrightonStreet 21
25 3435BrightonStreet 15
26 3438BrightonStreet 31
27 3434BrightonStreet 21
28 3432BrightonStreet 52
29 3426BrightonStreet 36
30 3427BrightonStreet 25
31 3423BrightonStreet 21
32 3417BrightonStreet 13
33 3416BrightonStreet 21
34 7845HellmanAve(eastsideofBrightonSt)23
35 3347BrightonStreet 19
36 3356BrightonStreet 16
37 3344BrightonStreet 39
38 3342BrightonStreet 35
39 3302BrightonStreet 21
40 7817DorothyStreet 38
Curb&GutterReplacementLocations
Z ^/ Ed/>STREETZ SURFACING AND CONCRETE IMPROVEMENTS, PROJECT NO. 21035
Curb&GutterReplacementLocations
41 3302DelMarAve 39
42 Acrossfrom7847Ͳ7865DorothySt 178
43 7853DorothyStreet 18
44 7847DorothyStreet 19
45 79343DorothyStreet 39
46 7954DorothyStreet 266
47 Acrossfrom7932Ͳ7919DorothyStreet 128
48 Acrossfrom7865DorothyStreet 59
49 3260KelburnAvenue 33
50 3300KelburnAve 20
51 3352KelburnAve 23
52 Acrossfrom7960EmersonPlace 26
53 3449LafayetteStreet 23
54 3403GaydonAvenue 76
55 3222RockholdAvenue 52
56 3038WillardAvenue 15
57 3047WillardAvenue 20
58 3049EarleAvenue 9
59 8452Ͳ8500DorothyStreet 40
60 3034GladysAvenue 66
61 3037GladysAvenue 30
62 3038GladysAvenue 30
63 3207GladysAvenue 31
64 3227GladysAvenue 66
65 3238Ͳ3243GladysAvenue 66
66 3218GladysAvenue 72
67 3352Ͳ3342GladysAvenue 120
68 3356GladysAvenue 60
69 3377GladysAvenue 21
70 3365Ͳ3353GladysAvenue 90
71 3337GladysAvenue 13
2,800TOTAL
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS, PROJECT NO. 21035
CurbRampRemovalandReplacement
No. Location EA
1 3423LindySt(SWcornerofColumbiaStreet&Lindy
Street)1
2 3422LindySt(SEcornerofColumbiaStreet&Lindy
Street)1
3 7844ArtsonStreet(SEcornerofBrightonSt&ArtsonSt)1
4 7830ArtsonSt(SWcornerofBrightonSt&ArtsonSt)1
5 7861DorothyStreet(twoADAparkingstallsandone
curbramp)1
6 3448EckhartAvenue 1
7 3449EckhartAvenue 1
8 8079ArtsonStreet 1
9 3449LafayetteStreet 1
10 3448LafayetteStreet 1
11 3504CharlotteStreet 1
11TOTAL
R ^/ Ed/>STREET RESURFACING AND CONCRETE IMPROVEMENTS, PROJECT NO. 21035
A.1: SidewalkReplacementLocations
No.Location SF
1 3422LindyStreet 35
2 7550ColumbiaStreet 35
3 7555ColumbiaStreet 56
4 7503ColumbiaStreet 126
5 7611ColumbiaStreet 84
6 3436JacksonAvenue(ColumbiaStreetside)90
7 7655ColumbiaStreet 36
8 7659ColumbiaStreet 36
9 7740ColumbiaStreet 165
10 7733Ͳ7737ColumbiaStreet 450
11 7727ColumbiaStreet 145
12 7723ColumbiaStreet 120
13 7715ColumbiaStreet 174
14 7713ColumbiaStreet 108
15 7701ColumbiaStreet 54
16 7665ColumbiaStreet 84
17 7651ColumbiaStreet 325
18 7637ColumbiaStreet 126
19 3345StevensAvenue 340
20 3202StevensAvenue 40
21 3212StevensAvenue 40
22 Acrossfrom3313StevensAvenue 54
23 3328StevensAvenue 30
24 3054PropsectAvenue 160
25 3027ProspectAve 56
26 3213EvelynAvenue 65
27 3040EvelynAvenue 70
28 3135EvelynAvenue 55
29 3059EvelynAvenue 36
30 3051EvelynAvenue 40
31 3041EvelynAvenue 30
32 3029EvelynAvenue 20
33 3017EvelynAvenue 15
34 3009EvelynAvenue 150
35 7850ArtsonStreet 24
36 7856ArtsonStreet 120
37 7926ArtsonStreet 28
38 7830ArtsonStreet 192
39 7844BrightonStreet 112
40 7830ArtsonStreet 52
41 3447BrightonStreet 32
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS, PROJECT NO. 21035
42 3423BrightonStreet 52
43 3347BrightonStreet 80
44 3356BrightonStreet 305
45 3342BrightonStreet 140
46 7845HersheySt(eastsideofBrightonSt)120
47 3302BrightonStreet 180
48 Acrossfrom7847Ͳ7865DorothySt 560
49 7901DorothyStreet 70
50 7943DorothyStreet 15
51 7955DorothyStreet 15
52 Acrossfrom7909DorothyStreet 64
53 3260KelburnAvenue 40
54 3358KelbrunAvenue 55
55 Acrossfrom3314KelburnAvenue 55
56 Acrossfrom3260KelburnAvenue 112
57 3230KelburnAvenue 20
58 Acrossfrom7960EmersonPlace 306
59 3449LafayetteStreet 76
60 Acrossfrom3222RockholdAvenue 222
61 3048WillardAvenue 20
62 3038WillardAve 40
63 3049EarleAvenue 45
64 8534DorothyStreet 120
65 8436DorothyStreet 32
66 8430DorothyStreet 28
67 8417DorothyStreet 72
68 3227GladysAvenue 68
69 3228GladysAvenue 72
70 3366GladysAvenue 196
7,350TOTAL
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS, PROJECT NO. 21035
A.1: SidewalkReplacementLocations
A.2: CrossͲgutterReplacementLocations
No.Location SF
1 7844ArtsonSt 244
2 7817ArtsonSt 176
3Infrontof7847Ͳ7865DorothySt 732
4 3305KelburnAvenue 228
5 7959HersheyStreet(westlegofKelburnAveand
HerhseyStreet)672
6 8110DannaCourt 688
7 3402GaydonAvenue 569
8 3303StalloAvenue 594
9 3051GladysAvenue 625
10 3303GladysAvenue 663
11 8220ParkStreet 621
6,000TOTAL
RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS, PROJECT NO. 21035