HomeMy WebLinkAboutE-06 Staff Report - NIB Alosta Ave SubdrainCONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: DON PENMAN, INERIM CITY MANAGER
FROM: DANIEL BOBADILLA, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
DATE: DECEMBER 4, 2017
SUBJECT: APPROVE THE PLANS AND SPECIFICATIONS FOR THE ALOSTA AVENUE
SUBDRAIN PROJECT AND AUTHORIZE STAFF TO SOLICIT A NOTICE OF
INVITING BIDS – CIP PROJECT 66515A
SUMMARY:
Nuisance water has been impacting the existing pavement on eastbound Alosta Avenue just east of
Rockvale Avenue. The proposed actions will approve plans and specifications and authorize Staff to
solicit bids from qualified contractors to install a subdrain on Alosta Avenue.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1) Approve the project plans and specifications; and
2) Authorize Staff to solicit a Notice of Inviting Bids for the Alosta Avenue Subdrain Project.
DISCUSSION:
A section of distressed pavement has been observed along the eastbound lane of Alosta Avenue just east
of Rockvale Avenue. The roadway shows distress in the form of excessive cracking over an
approximately 100-foot long area, generally within the right (southern) lane. The existing cracks within
the asphalt have water seeping out of them after rainfall events, and localized pumping of the pavement
is observed when traffic passes over these areas.
The Department of Public Works consulted with LGC Geotechnical, Inc. to conduct a geotechnical
evaluation of the distressed pavement. The geotechnical report concluded that the existing asphalt has
failed due to excessive wet subgrade soils within 1 to 2 feet below the bottom of the existing pavement
section. The presence of the excess water causes the stiffness of the subgrade to decrease, reducing its
load carrying ability and thus leading to early pavement failure. To mitigate this issue, the installation of
APPROVED
CITY COUNCIL
12/4/2017
Alosta Avenue Subdrain Project
December 4, 2017
Page 2
a subdrain, a “French Drain”, is recommended. The subdrain will capture excess water in the subgrade
and convey flows to a nearby catch basin.
If approved by the City Council, Staff will solicit bids from qualified contractors. Staff will review
submitted bids and request approval from the City Council to award a contract at a future meeting.
Construction is anticipated to commence February 2018 and be completed by April 2018.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions.
Prepared by: Reviewed and Approved:
Phillip Flores Daniel Bobadilla
Engineering Assistant Director of Public Works/City Engineer
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Don Penman
Senior Management Analyst Interim City Manager
Attachment:
1) Contract Documents, Technical Specifications, and Plans
CONTRACT DOCUMENTS,
TECHNICAL SPECIFICATIONS,
AND PLANS
ALOSTA AVENUE SUBDRAIN PROJECT
CIP NO. 66515A
213 E. FOOTHILL BLVD.
AZUSA, CA 91702-1395
Prepared Under the Supervision of:
Daniel Bobadilla
Director of Public Works/City Engineer
213 E. Foothill Blvd.
Azusa, CA 91702
Prepared and Issued by:
City of Azusa
Public Works Department
213 E. Foothill Blvd.
Azusa, CA 91702
BIDS ARE DUE BY JANUARY 9, 2018 AT 10:00AM
Attachment 1
CONTRACT DOCUMENTS
ALOSTA AVENUE SUBDRAIN PROJECT
CIP NO. 66515A
TABLE OF CONTENTS
Page No.
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NOTICE INVITING BIDS ............................................................................................................. 1
INSTRUCTIONS TO BIDDERS ................................................................................................... 3
BID FORM ................................................................................................................................... 11
BID SCHEDULE .......................................................................................................................... 11
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION............... 14
BID BOND ................................................................................................................................... 15
DESIGNATION OF SUBCONTRACTORS ............................................................................... 17
INFORMATION REQUIRED OF BIDDERS ............................................................................. 18
NON-COLLUSION AFFIDAVIT ................................................................................................ 26
CONTRACT ................................................................................................................................. 27
PERFORMANCE BOND ............................................................................................................. 30
PAYMENT BOND ....................................................................................................................... 34
GENERAL CONDITIONS .......................................................................................................... 36
SPECIAL CONDITIONS ........................................................................................................... 733
TECHNICAL SPECIFICATIONS ............................................................................................... 74
PLANS AND DRAWINGS .......................................................................................................... 81
NOTICE INVITING BIDS
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CITY OF AZUSA
NOTICE INVITING BIDS
The City of Azusa (“City”) will receive sealed bids for the Alosta Avenue Subdrain Project CIP
No. 66515A at the office of the City Clerk no later than Tuesday, January 9, 2018 at 10:00 A.M.,
at which time or thereafter said bids will be opened and read aloud. Bids received after this time
will be returned unopened. Bids shall be valid for 60 calendar days after the bid opening date.
Bids must be submitted on the City’s Bid Forms.
Bidders may obtain a copy of the Contract Documents from the Engineering Division at: The
City of Azusa, Engineering Division, 213 E. Foothill Boulevard, Azusa, CA 91702, (626) 812-
5064. A charge of Five Dollars ($5.00) is payable for a compact disc of the Contract Documents
and an additional non-refundable charge of Ten Dollars ($10.00) will be required of any bidder
who requests that the compact disc be mailed within California (costs for out-of-state mailings
will be higher). The City will make the Contract Documents available for review at the
Engineering Counter, West Wing Building - City Hall.
There will be no Pre-Bid Conference for this project.
Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the
City in an amount not less than ten percent (10%) of the submitted Total Bid Price. Moreover,
each bid shall be accompanied by the security referred to in the Contract Documents, the non-
collusion affidavit, the list of proposed subcontractors, and all additional documentation required
by the Instructions to Bidders.
The successful bidder will be required to furnish the City with a Performance Bond equal to
100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to
execution of the Contract. All bonds are to be secured from a surety that meets all of the State of
California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is
admitted by the State of California.
Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain
securities for funds withheld by City to ensure his performance under the Contract.
The Director of Industrial Relations has determined the general prevailing rate of per diem wages
in the locality in which this work is to be performed for each craft or type of worker needed to
execute the Contract which will be awarded to the successful bidder, copies of which are on file
and will be made available to any interested party upon request at the Engineering Division or
online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful
bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply
with all applicable Labor Code provisions, which include, but are not limited to the payment of
not less than the required prevailing rates to all workers employed by them in the execution of
the Contract, the employment of apprentices, the hours of labor and the debarment of contractors
and subcontractors.
NOTICE INVITING BIDS
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Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and
shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the
work bid upon, and must maintain the license(s) throughout the duration of the Contract: A or
C42. The bidder shall also have a minimum of five (5) years of successful experience performing
the type of work required by this contract.
Pursuant to Public Contract Code Section 3400(b), if the City has made any findings designating
certain materials, products, things, or services by specific brand or trade name, such findings and
the materials, products, things, or services and their specific brand or trade names will be set
forth in the Special Conditions.
The award of contract, if made, will be to the lowest responsible, responsive bidder as
determined solely by the City. The City reserves the right to reject any or all proposals, to waive
any irregularity, and to take the bids under advisement for a period of sixty days, as may be
required to provide for the best interests of the City. In no event will an award be made until all
necessary investigations are made as to the responsibility and qualifications of the bidder to
whom the award is contemplated.
All questions relative to this project prior to the opening of bids shall be directed to:
Bidders are encouraged to submit their pre-bid questions as early as possible, in writing by mail,
fax, or email, so they can be answered in writing through an addendum if necessary. Pre-bid
questions will be received up to 5:00 PM on Thursday, December 28, 2017. Any questions
received after will not be answered.
INSTRUCTIONS TO BIDDERS
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CITY OF AZUSA
INSTRUCTIONS TO BIDDERS
1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the
Project. Contract Documents may be obtained from the City at the location(s) and at the time(s)
indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in
advance to determine the availability of Contract Documents. Any applicable charges for the
Contract Documents are outlined in the Notice Inviting Bids.
2. EXAMINATION OF CONTRACT DOCUMENTS
The City has made copies of the Contract Documents available, as indicated above. Bidders
shall be solely responsible for examining the Project Site and the Contract 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. 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 CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents
or questions as to their meaning shall be immediately brought to the attention of the City by
submission of a written request for an interpretation or correction to the City. Such submission,
if any, must be sent to Phillip A. Flores (see the Notice of Inviting Bids for contact information).
Any interpretation of the Contract Documents will be made only by written addenda duly issued
and mailed or delivered to each person or firm who has purchased a set of Contract Documents.
The City will not be responsible for any explanations or interpretations provided in any other
manner. No person is authorized to make any oral interpretation of any provision in the Contract
Documents to any bidder, and no bidder should rely on any such oral interpretation.
Bids shall include complete compensation for all items that are noted in the Contract Documents
as the responsibility of the Contractor.
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
Each prospective bidder is responsible for fully acquainting itself 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 cost or effort required to complete the Project. A Pre-Bid Conference will not be held
for this project.
INSTRUCTIONS TO BIDDERS
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5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the bid opening date.
Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be
included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code
Section 4104.5, if the City issues an Addendum which includes material changes to the Project
less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline
for submission of bids. The City may determine, in its sole discretion, whether an Addendum
warrants postponement of the bid submission date. Each prospective bidder shall provide City a
name, address, telephone number, and email address to which Addenda may be sent. 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 Contract
Documents and provided such current information. Please Note: Bidders are responsible for
ensuring that they have received any and all Addenda. To this end, each bidder should contact
the Engineering Division, (626) 812-5064 to verify that he/she has received all Addenda issued,
if any, prior to the bid opening.
6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined
on the basis of the base bid only. However, the City 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. The
time required for completion of the alternate bid items has been factored into the Contract
duration and no additional Contract time will be awarded for any of the alternate bid items. The
City may elect to include one or more of the alternate bid items, or to otherwise remove certain
work from the Project scope of work, accordingly 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.
7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract
Documents. The use of substitute bid forms other than clear and correct photocopies of those
provided by the City will not be permitted. Bids 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 Bid Forms. Bidders shall neither delete, modify, nor supplement the printed
matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK,
INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may
result in the bid being deemed non-responsive.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract
Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions
or provisions attached to a Bid may render it non-responsive and may cause its rejection.
Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor
INSTRUCTIONS TO BIDDERS
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make substitutions thereon. Oral, telephonic and electronic modifications will not be considered,
unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications
thereto and such modifications are made in accordance with the Notice Inviting Bids.
9. 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 Bidder in an amount that exceeds one-half of
one percent (1/2%) of the Bidder’s Total Bid Price, or $10,000 whichever is greater, as well as
the portion of work each such subcontractor will perform on the form provided herein by the
City. No additional time will be provided to bidders to submit any of the requested information
in the Designation of Subcontractor form.
10. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the
Public Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant
to Section 7028.5 of the Business and Professions Code, the 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 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.
11. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may
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 may be asked to submit an authenticated Power of
Attorney executed by each joint venturer or partner appointing and designating one of the joint
venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that
joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize
that particular joint venturer or partner to act for and bind Bidder in all matters relating to the
Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and
all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising
therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the
joint venture or partnership in its legal name.
12. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a
cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the
bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount
of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety
INSTRUCTIONS TO BIDDERS
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insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section
995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute
the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and
insurance certificates and endorsements as required herein within ten (10) calendar days after
notification of the award of the Contract to the bidder. Failure to provide the required documents
may result in forfeiture of the bidder’s bid deposit or bond to the City and the City may award
the Contract to the next lowest responsible bidder, or may call for new bids.
13. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they
shall be placed, along with the Bid Guarantee and other required materials in an envelope,
sealed, addressed and delivered or mailed, postage prepaid to the City at the place and to the
attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be
considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic
means will be considered unless specifically authorized by City as provided herein. The
envelope shall also contain the following in the lower left-hand corner thereof:
Bid of (Bidder’s Name)
for the ALOSTA AVENUE SUBDRAIN PROJECT CIP NO. 66515A
14. DELIVERY AND OPENING OF BIDS
Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date
and time shown therein. The City 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 specified. Bids may be submitted earlier than
the dates(s) and time(s) indicated.
Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of
each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of
Bids. The City may in its sole discretion, elect to postpone the opening of the submitted Bids.
City reserves the right to reject any or all Bids and to waive any informality or irregularity in any
Bid. 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.
15. WITHDRAWAL OF BID
Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request
signed by the Bidder or its properly authorized representative.
16. BASIS OF AWARD; BALANCED BIDS
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.
The City may reject any Bid which, in its opinion when compared to other bids received or to the
City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may
reject as non-responsive any bid which unevenly weights or allocates costs, including but not
limited to overhead and profit to one or more particular bid items.
INSTRUCTIONS TO BIDDERS
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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 City. No person, firm, corporation, or
other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when
also submitting a prime bid on the same Project.
18. INSURANCE REQUIREMENTS
The successful bidder shall procure the insurance in the form and in the amount specified in the
Contract Documents.
19. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible
Bidder, the City Council may award the contract. The apparent successful Bidder should begin
to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3)
the required insurance certificates and endorsements. Once the City notifies the Bidder of the
award, the Bidder will have ten (10) consecutive calendar days from the date of this notification
to execute the Contract and supply the City with all of the required documents and certifications.
Regardless whether the Bidder supplies the required documents and certifications in a timely
manner, the Contract time will begin to run ten (10) calendar days from the date of the
notification. Once the City receives all of the properly drafted and executed documents and
certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.
20. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City’s City Clerk. In order for a Bidder’s protest
to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the bid opening date;
B. Clearly identify the specific irregularity or accusation;
C. Clearly identify the specific City staff determination or recommendation being
protested;
D. Specify, in detail, the grounds of the protest and the facts supporting the protest;
and
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid.
If the protest is valid, the City’s City Engineer, or other designated City staff member, shall
review the basis of the protest and all relevant information. The City Engineer will provide a
INSTRUCTIONS TO BIDDERS
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written decision to the protestor. The protestor may then appeal the decision of the City
Engineer to the City Council.
21. WORKERS COMPENSATION
Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.
22. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the
work completed. The City will retain five percent (5%) of each progress payment as provided by
the Contract Documents. At the request and expense of the successful Bidder, the City will
substitute securities for the amount so retained in accordance with Public Contract Code Section
22300.
23. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general
prevailing rate of per diem wages in the locality in which this work is to be performed for each
craft or type of worker needed to execute the Contract. These rates are on file and available at
Engineering Division or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are
advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not
perform work on a public works project with a subcontractor who is ineligible to perform work
on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any
contract on a public works project entered into between a contractor and a debarred
subcontractor is void as a matter of law. A debarred subcontractor may not receive any public
money for performing work as a subcontractor on a public works contract. Any public money
that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the
City. The Contractor shall be responsible for the payment of wages to workers of a debarred
subcontractor who has been allowed to work on the Project.
25. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded
shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond
in the form supplied by the City and included in the Contract Documents. Failure to do so may,
in the sole discretion of City, 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 City.
The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the
Total Bid Price.
INSTRUCTIONS TO BIDDERS
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26. REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request provisions set forth in the
Special Conditions, including any deadlines for substitution requests which may occur prior to
the bid opening date.
27. 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 tax and other applicable taxes, and to pay for permits, licenses and fees required
by the agencies with authority in the jurisdiction in which the work will be located, unless
otherwise expressly provided by the Contract Documents.
28. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the
amount determined by the Contract Documents. The City may require appropriate evidence that
the persons executing the Contract are duly empowered to do so.
29. CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES
In accordance with the provisions of Subsection 6-1 of the Standard Specifications, and/or as
may be provided for within the herein Special Provisions, after notification of award and prior to
start of any work, the Contractor’s shall submit to the Engineer for approval its proposed
Construction Schedule. At a scheduled date prior to commencement of work, the Contractor’s
and all subcontractors shall attend a preconstruction conference at the City of Azusa’s City Hall.
The selected Contractor shall complete the project within 20 working days of City’s
Authorization to Proceed with Construction.
Working hours for this project are between 7:00 a.m. and 5:00 p.m. - Monday through
Friday, excluding legal holidays and weekends.
The Contractor agrees that failure to complete work within the time allowed will result in
damages being sustained by the City. Contractor and City agree that failure to complete the
project will result in inconvenience to the citizens of City of Azusa. The parties also agree that
failure to complete the project on time will prevent the City from having the use of the affected
facilities. Therefore, the parties agree such damages among others are, and will continue to be,
impracticable and extremely difficult to determine, but that Three-hundred Dollars ($300) a
calendar day is the minimum value of such costs to the City and is a reasonable amount that the
Contractor agrees to reimburse the City for each calendar day of delay in finishing the work in
excess of the time specified for completion, plus any authorized time extensions. Execution of
the contract under these specifications shall constitute agreement by the Contractor and the City
that the above indicated liquidated damage amount per calendar day is the minimum value of the
costs and actual damage caused by failure of the Contractor to complete the work within the
allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and
that such sum may be deducted from payments due the Contractor if such delay occurs. Said
INSTRUCTIONS TO BIDDERS
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amount may be reduced by the City if work is sufficiently completed within the allotted time so
that the damages are minimized.
END OF INSTRUCTIONS TO BIDDERS
BID SCHEDULE
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BID FORM
NAME OF BIDDER:
The undersigned, hereby declare that we have carefully examined the location of the proposed
Work, and have read and examined the Contract Documents, including all plans, specifications,
and all addenda, if any, for the following Project:
ALOSTA AVENUE SUBDRAIN PROJECT CIP NO. 66515A
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services,
and to discharge all duties and obligations necessary and required to perform and complete the
Project for the following TOTAL BID PRICE:
In case of discrepancy between the written price and the numerical price, the written price shall
prevail.
BID SCHEDULE
Item
No. Item Description Qty Unit Unit Bid
Price Total Bid Price
1 Mobilization and demobilization 1 LS
2 NPDES / SWPPP 1 LS
3 Diversion of recyclable waste materials 1 LS
4 Traffic control 1 LS
5 2” Coldmill 5,880 SF
6 Construct asphalt concrete pavement 88 TN
7 Construct aggregate base 14 TN
8 Construct 4” perforated base subdrain assembly,
including removals 210 LF
9 Construct 4” schedule 40 PVC pipe (4ft)
connection to existing catch basin 1 EA
TOTAL:
TOTAL BID PRICE:
BID SCHEDULE
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$ ________________________________________
Total Bid Price in Numbers
__________________________________________________________________________
Total Bid Price in Written Form
NOTE: The estimated quantities for unit cost items are approximate and will be used only as a
comparison of bids. Payment for quantities for unit cost items will be made from field
measurements. If the actual quantities show either an increase or decrease from the quantities
given in the Proposal Bid Sheet, the Contract Unit Prices will prevail. In the case of a variation
between unit price and totals shown by the bidder, the unit price will be considered the bid.
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the
unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive,
responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible
or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost”
column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall
be divided by the estimated quantity for the item and the price thus obtained shall be the unit
price. Final payment shall be determined by the Engineer from measured quantities of work
performed based upon the unit price.
In case of discrepancy between the written price and the numerical price, the written price shall
prevail.
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be
withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after
the bid opening, or until a Contract for the Work is fully executed by the City and a third party,
whichever is earlier.
The Contract duration shall commence on the date stated in the City’s Notice to Proceed, and
shall be completed by the Contractor in the time specified in the Contract Documents. In no case
shall the Contractor commence construction prior to the date stated in the City’s Notice to
Proceed.
Bidder certifies that it is licensed in accordance with the law providing for the registration of
Contractors, License No. _________, Expiration Date _______, class of license _____. If the
bidder is a joint venture, each member of the joint venture must include the above information.
BID SCHEDULE
- 13 -
The undersigned acknowledges receipt, understanding and full consideration of the following
addenda to the Contract Documents
Addenda No.
Addenda No.
Addenda No.
1. Attached is the required bid security in the amount of not less than 10% of the Total Bid
Price.
2. Attached is the fully executed Non-Collusion Affidavit form.
3. Attached is the completed Designation of Subcontractors form.
4. Attached is the completed Bidder Information Form.
5. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation
form.
I hereby certify under penalty of perjury under the laws of the State of California, that all of the
information submitted in connection with this Bid and all of the representations made herein are
true and correct.
Name of Bidder
Signature
Name and Title
Dated
License No.
CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
- 14 -
CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before
commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated
BID BOND
- 15 -
BID BOND
The makers of this bond are, _____________________________ ______________________________________________, as Principal, and _______________ ___________________________________________, as Surety and are held and firmly bound unto the City of Azusa, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted
the accompanying bid dated ____________ , 20 ____, for the Alosta Avenue Subdrain Project
CIP No. 66515A
If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal) Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
BID BOND
- 16 -
STATE OF CALIFORNIA
COUNTY OF
On before me,_________________________________________ (here insert
name and title of the officer), personally appeared ___________________________, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
(Seal)
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must
be attached hereto.
DESIGNATION OF SUBCONTRACTORS
- 17 -
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of
one percent of the bid and to procure materials and equipment from suppliers and vendors as
follows:
Note: The prime contractor is required to perform, with its own organization, contract work
amounting to at least fifty one percent (51%) of the Contract Price.
Name, address, and phone number
of subcontractors, suppliers, and
vendors
Name portion of work,
materials, and/or equipment
Dollar Value of
Sub-Contract
% of Total
Bid Amount
$_________ ______%
$_________ ______%
$_________ ______%
$_________ ______%
$_________ ______%
$_________ ______%
$_________ ______%
$_________ ______%
$_________ ______%
Total $_________ ______%
Name of Bidder
Signature
Name and Title
Dated
INFORMATION REQUIRED OF BIDDERS
- 18 -
INFORMATION REQUIRED OF BIDDERS
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable (“N/A”) where appropriate.**]
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information
provided for all parties to the joint venture.
1.0 Name of Bidder: ___________________________________________
2.0 Type, if Entity: ___________________________________________
3.0 Bidder Address: ___________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Facsimile Number Telephone Number
4.0 How many years has Bidder’s organization been in business as a Contractor?
______________________________
5.0 How many years has Bidder’s organization been in business under its present
name? ________________________
5.1 Under what other or former names has Bidder’s organization
operated?:_______________________________________________
6.0 If Bidder’s organization is a corporation, answer the following:
6.1 Date of Incorporation: ________________________________
6.2 State of Incorporation: ________________________________
6.3 President’s Name: ________________________________
6.4 Vice-President’s Name(s): ________________________________
________________________________
6.5 Secretary’s Name: ________________________________
6.6 Treasurer’s Name: ________________________________
INFORMATION REQUIRED OF BIDDERS
- 19 -
7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization: ______________________________________
7.2 Name and address of all partners (state whether general or limited
partnership):
___________________________________________________________
___________________________________________________________
___________________________________________________________
8.0 If other than a corporation or partnership, describe organization and name
principals:
___________________________________________________________
___________________________________________________________
9.0 List other states in which Bidder’s organization is legally qualified to do business.
___________________________________________________________
___________________________________________________________
___________________________________________________________
10.0 What type of work does the Bidder normally perform with its own forces?
___________________________________________________________
___________________________________________________________
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when,
where, and why:
___________________________________________________________
___________________________________________________________
12.0 Within the last five years, has any officer or partner of Bidder’s organization ever
been an officer or partner of another organization when it failed to complete a
contract? If so, attach a separate sheet of explanation:
___________________________________________________________
___________________________________________________________
INFORMATION REQUIRED OF BIDDERS
- 20 -
13.0 List Trade References:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
14.0 List Bank References (Bank and Branch Address):
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
15.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________
___________________________________________________________
___________________________________________________________
INFORMATION REQUIRED OF BIDDERS
- 21 -
B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**]
Project Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
INFORMATION REQUIRED OF BIDDERS
- 22 -
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**]
Please include only those projects which are similar enough to demonstrate Bidder’s ability to
perform the required Work.
Project Client Description of
Bidder’s Work
Period of Performance Cost of Bidder’s
Work
INFORMATION REQUIRED OF BIDDERS
- 23 -
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management,
construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this
project:
2. Summarize each person’s specialized education:
3. List each person’s years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all
relevant Work, unless substituted by personnel of equivalent experience and qualifications
approved in advance by the City.
INFORMATION REQUIRED OF BIDDERS
- 24 -
Additional Bidder’s Statements:
If the Bidder feels that there is additional information which has not been included in the
questionnaire above, and which would contribute to the qualification review, it may add that
information in a statement here or on an attached sheet, appropriately marked:
E. REFERENCES
The bidder is required to state what work of a similar character to that included in the proposed
contract he has successfully performed and give references which will enable the City Council to
judge of his responsibility, experience, skill and business and financial standing. Minimum 3
references shall be provided. Additional numbered pages outlining this portion of the proposal
may be attached to this page.
Reference 1
Project Name:
Type of Work:
Year Completed:
Contract Amount:
Name/ Address of
Owner/Agency:
Reference Contact:
Name:______________________________ Title:____________________
Tel:_____________________
Reference 2
Project Name:
Type of Work:
Year Completed:
Contract Amount:
Name/ Address of
Owner/Agency:
Reference Contact:
Name:______________________________ Title:____________________
Tel:_____________________
INFORMATION REQUIRED OF BIDDERS
- 25 -
Reference 3
Project Name:
Type of Work:
Year Completed:
Contract Amount:
Name/ Address of
Owner/Agency:
Reference Contact:
Name:______________________________ Title:____________________
Tel:_____________________
F. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing
information is true and correct:
Name of Bidder
Signature
Name
Title
Dated
NON-COLLUSION AFFIDAVIT
- 26 -
NON-COLLUSION AFFIDAVIT
I, , being first duly sworn, deposes and says
that he is of ______________________ the party making the
attached 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.
I certify (or declare) under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Name of Bidder
Signature
Name
Title
Dated
CONTRACT
- 27 -
CONTRACT
THIS CONTRACT is made this _____ day of __________, 20___, in the County of Los
Angeles, State of California, by and between the City of Azusa, hereinafter called City, and
______________________________, hereinafter called Contractor. The City and the Contractor
for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time
stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services,
and transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5 below for the following Project:
ALOSTA AVENUE SUBDRAIN PROJECT CIP NO. 66515A
The Contractor and its surety shall be liable to the City for any damages arising as a result of the
Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated
in the City’s Notice to Proceed. The Contractor is advised that the City has an aggressive
schedule for this project. The Contractor shall complete all Work required by the Contract
Documents within 20 working days from the commencement date stated in the Notice to
Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is
adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation
for the performance of the Contract, subject to any additions or deductions as provided in the
Contract Documents, and including all applicable taxes and costs, the sum of
____________________________________________________________ Dollars
($_________________________________). Payment shall be made as set forth in the General
Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section
53069.85, it is agreed that the Contractor will pay the City the sum of $300 for each and every
calendar day of delay beyond the time prescribed in the Contract Documents for finishing the
Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the
Contractor agrees the City may deduct that amount from any money due or that may become due
the Contractor under the Contract. This Article does not exclude recovery of other damages
specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents”
include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation
Bid Bond
Designation of Subcontractors
CONTRACT
- 28 -
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law
required to be included in these Contract Documents shall be deemed to be included in these
Contract Documents. The Contractor shall comply with all requirements of the California Labor
Code applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in
the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate
of wages in accordance with the Labor Code which such rates shall be made available at Azusa
City Hall or may be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the
job site.
ARTICLE 9. DECLARATION OF POLITICAL CONTRIBUTIONS. Consultant shall,
throughout the term of this Agreement, submit to City an annual statement in writing declaring
any political contributions of money, in-kind services, or loan made to any member of the city
council within the previous twelve-month period by the Consultant and all of Consultant's
employees, including any employee(s) that Consultant intends to assign to perform the Services
described in this Agreement.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named
parties, on the day and year above written.
CONTRACT
- 29 -
[NAME OF CONTRACTOR]
___________________________________
Contractor
___________________________________
Name and Title
___________________________________
Signature of Contractor
License No. _________________________
CITY OF AZUSA
________________________________
Joseph R. Rocha
Mayor
________________________________
Don Penman
Interim City Manager
________________________________
Jeffrey Lawrence Cornejo Jr.
City Clerk
Approved as to Form:
________________________________
Best Best & Krieger LLP
City Attorney
PERFORMANCE BOND
- 30 -
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Azusa (hereinafter referred to as “City”) has awarded to
________________________________________, (hereinafter referred to as the “Contractor”)
an agreement for ________________________________________ (hereinafter referred to as
the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _________________________________________, the undersigned
Contractor and _____________________________________________ as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of California, are
held and firmly bound unto the City in the sum of ___________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total amount
of the Contract, for which amount 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 Contractor, 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 Contract
Documents and any alteration thereof made as therein provided, on its 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 all obligations including the one-year guarantee of
all materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney’s
fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations
PERFORMANCE BOND
- 31 -
under the Contract, law or equity, including, but not limited to, California Code of Civil
Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The
term “balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the CITY, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of
the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder 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 Documents
or to the Project.
[Remainder of Page Left Intentionally Blank.]
PERFORMANCE BOND
- 32 -
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20____.
_________________________________________
CONTRACTOR/PRINCIPAL
_________________________________________
Name
By_______________________________________
SURETY:
By: ______________________________________
Attorney-In-Fact
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of
process in California, if different ___________________________________________
from above)
___________________________________________
(Telephone number of Surety and ___________________________________________
Agent or Representative for service
of process in California
PERFORMANCE BOND
- 33 -
STATE OF CALIFORNIA
COUNTY OF
On before me, (here insert
name and title of the officer), personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
(Seal)
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must
be attached hereto.
PAYMENT BOND
- 34 -
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Azusa (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: ____________________________________________________________________________ (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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 Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond,
PAYMENT BOND
- 35 -
nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20___ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor)
By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and
+surety and a power of Attorney MUST BE ATTACHED.
GENERAL CONDITIONS
36
GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the
acceptance of the Engineer and/or the City .
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and
tidal waves.
c. Approval means written authorization by Engineer and/or City .
d. Contract Documents includes all documents as stated in the Contract.
e. City and Contractor are those stated in the Contract. The terms City and Owner may be
used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated.
g. Engineer shall mean the City Engineer, or his or her designee, of the City of Azusa,
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” or “Representative” in the Contract Documents.
h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar
words shall mean the written approval, selection, satisfaction, direction, or similar action
of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean
that reference is made to the drawings, unless otherwise noted. It shall be understood that
the direction, designation, selection, or similar import of the Engineer and/or City is
intended, unless stated otherwise.
j. Install means the complete installation of any item, equipment or material.
k. Material shall include machinery, equipment, manufactured articles, or construction such
as form work, fasteners, etc., and any other classes of material to be furnished in
connection with the Contract. All materials shall be new unless specified otherwise.
l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions
necessary to complete The Work, including furnishing of necessary labor, tools, and
equipment, and providing and installing Materials that are indicated, specified, or
required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents.
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n. Provide shall include provide complete in place, that is furnish, install, test and make
ready for use.
o. Recyclable Waste Materials shall mean materials removed from the Project site which are
required to be diverted to a recycling center rather than an area landfill. Recyclable
Waste Materials include asphalt, concrete, brick, concrete block, and rock.
p. Specifications means that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, standards and workmanship
for the work. Except for Sections 1-9 of the Standard Specifications for Public Works
Construction (“Greenbook”), Latest Edition, which are specifically excluded from
incorporation into these Contract Documents, the Work shall be done in accordance with
the Greenbook, including all current supplements, addenda, and revisions thereof. In the
case of conflict between the Greenbook and the Contract Documents, the Contract
Documents shall prevail.
q. The Work means the entire improvement planned by the City pursuant to the Contract
Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the
construction covered by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called
for by one shall be as binding as if called for by all.
b. Interpretations. The Contract Documents are intended to be fully cooperative and to be
complementary. If Contractor observes that any documents are in conflict, the Contractor
shall promptly notify the Engineer in writing. In case of conflicts between the Contract
Documents, the order of precedence shall be as follows:
1. Change Orders or Work Change Directives
2. Addenda
3. Special Provisions (or Special Conditions)
4. Technical Specifications
5. Plans (Contract Drawings)
6. Contract
7. General Conditions
8. Instructions to Bidders
9. Notice Inviting Bids
10. Contractor’s Bid Forms
11. Greenbook
12. Standard Plans
13. Reference Documents
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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
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence
established above, in the event of conflicts, the higher or more restrictive standard shall
always apply.
d. Organization of Contract Documents. Organization of the Contract Documents into
divisions, sections, and articles, and arrangement of drawings shall not control the
Contractor in dividing The Work among subcontractors or in establishing the extent of
Work to be performed by any trade.
ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, two copies of the Contract Documents. Additional
copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.
ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work,
Contractor shall again carefully examine all applicable Contract Documents, the Project
site and other information given to Contractor as to materials and methods of
construction and other Project requirements. Contractor shall immediately notify the
Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or
explanation. If Contractor performs, permits, or causes the performance of any Work
which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained,
Contractor shall bear any and all resulting costs, including, without limitation, the cost of
correction. In no case shall the Contractor or any subcontractor proceed with Work if
uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity,
conflict or lack of detail or explanation, the Engineer will provide any required additional
instructions, by means of drawings or other written direction, necessary for proper
execution of Work.
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best
quality of their respective kinds and the Contractor must use all diligence to inform itself
fully as to the required construction and finish. In no case shall Contractor proceed with
The Work without obtaining first from the Engineer such Approval as may be necessary
for the proper performance of Work.
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d. Contractor’s Variation from Contract Document Requirements. If it is found that
the Contractor has varied from the requirements of the Contract Documents including the
requirement to comply with all applicable laws, ordinances, rules and regulations, the
Engineer may at any time, before or after completion of the Work, order the improper
Work removed, remade or replaced by the Contractor at the Contractor’s expense.
ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. The City has endeavored to determine the existence of utilities at the Project site from the
records of the owners of known utilities in the vicinity of the Project. The positions of
these utilities as derived from such records are shown on the Plans.
b. No excavations were made to verify the locations shown for underground utilities. The
service connections to these utilities are not shown on the plans. It shall be the
responsibility of the Contractor to determine the exact location of all service connections.
The Contractor shall make its own investigations, including exploratory excavations, to
determine the locations and type of service connections, prior to commencing Work
which could result in damage to such utilities. The Contractor shall immediately notify
the City in writing of any utility discovered in a different position than shown on the
Plans or which is not shown on the Plans.
c. 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 final
grade by the Contractor. Locations of existing utilities shown on the Plans are
approximate and may not be complete. The Contractor shall be responsible for
coordinating its Work with all utility companies during the construction of The Work.
d. Notwithstanding the above, pursuant to Section 4215 of the Government Code, the City
has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on
the plans and specifications. In the event that main or trunkline utility facilities are not
identified with reasonable accuracy in the plans and specifications made a part of the
invitation for bids, City shall assume the responsibility for their timely removal,
relocation, or protection.
e. Contractor, except in an emergency, shall contact the appropriate regional notification
center, Southern California Underground Service Alert at 1-800-227-2600 at least two
working days prior to commencing any excavation if the excavation will be performed in
an area which is known, or reasonably should be known, to contain subsurface
installations other than the underground facilities owned or operated by the City, and
obtain an inquiry identification number from that notification center. No excavation shall
be commenced or carried out by the Contractor unless such an inquiry identification
number has been assigned to the Contractor or any subcontractor of the Contractor and
the City has been given the identification number by the Contractor.
ARTICLE 6. SCHEDULE
a. Estimated Schedule. On the commencement date, Contractor shall submit a Project
schedule and shall submit this to the Engineer for Approval. The receipt or Approval of
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any schedules by the Engineer or the City shall not in any way relieve the Contractor of
its obligations under the Contract Documents. The Contractor is fully responsible to
determine and provide for any and all staffing and resources at levels which allow for
good quality and timely completion of the Project. Contractor’s failure to incorporate all
elements of Work required for the performance of the Contract or any inaccuracy in the
schedule shall not excuse the Contractor from performing all Work required for a
completed Project within the specified Contract time period. If the required schedule is
not received by the time the first payment under the Contract is due, Contractor shall not
be paid until the schedule is received, reviewed and accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather. The
schedule shall indicate the beginning and completion dates of all phases of construction;
critical path for all critical, sequential time related activities; and “float time” for all
“slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all
staffing and other resources which in the Contractor’s judgment are needed to complete
the Project within the time specified for completion. Schedule duration shall match the
Contract time. Schedules indicating early completion will be rejected.
c. Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the Engineer
whenever requested to do so by Engineer and with each progress payment request. The
Engineer may withhold progress payments or other amounts due under the Contract
Documents if Contractor fails to submit an updated and accurate construction schedule.
ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is
described in the invitation for bids that designates certain products, things, or services by
specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material,
process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed
to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer
for substitution any material, process or article which shall be substantially equal or better
in every respect to that so indicated or specified in the Contract Documents. However,
the City may have adopted certain uniform standards for certain materials, processes and
articles.
c. Contractor shall submit requests, together with substantiating data, for substitution of any
“or equal” material, process or article no later than seven (7) days after award of the
Contract. To facilitate the construction schedule and sequencing, some requests may
need to be submitted before seven (7) days after award of Contract. Provisions regarding
submission of “or equal” requests shall not in any way authorize an extension of time for
performance of this Contract. If a proposed “or equal” substitution request is rejected,
Contractor shall be responsible for providing the specified material, process or article.
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The burden of proof as to the equality of any material, process or article shall rest with
the Contractor. The City has the complete and sole discretion to determine if a material,
process or article is an “or equal” material, process or article that may be substituted.
d. Data required to substantiate requests for substitutions of an “or equal” material, process
or article data shall include a signed affidavit from the Contractor stating that, and
describing how, the substituted “or equal” material, process or article is equivalent to that
specified in every way except as listed on the affidavit. Substantiating data shall include
any and all illustrations, specifications, and other relevant data including catalog
information which describes the requested substituted “or equal” material, process or
article, and substantiates that it is an “or equal” to the material, process or article. The
substantiating data must also include information regarding the durability and lifecycle
cost of the requested substituted “or equal” material, process or article. Failure to submit
all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
e. The Contractor shall bear all of the City’s costs associated with the review of substitution
requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal”
material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made
pursuant to Public Contract Code section 3400.
ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such
promptness as to provide adequate time for review and cause no delay in his own Work
or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies
of all shop or setting drawings, calculations, schedules, and materials list, and all other
provisions required by the Contract. Contractor shall sign all submittals affirming that
submittals have been reviewed and approved by Contractor prior to submission to
Engineer. Each signed submittal shall affirm that the submittal meets all the requirements
of the Contract Documents except as specifically and clearly noted and listed on the
cover sheet of the submittal.
b. Contractor shall make any corrections required by the Engineer, and file with the
Engineer six (6) corrected copies each, and furnish such other copies as may be needed
for completion of the Work. Engineer’s approval of shop drawings shall not relieve
Contractor from responsibility for deviations from the Contract Documents unless
Contractor has, in writing, called Engineer’s attention to such deviations at time of
submission and has secured the Engineer’s written Approval. Engineer’s Approval of
shop drawings shall not relieve Contractor from responsibility for errors in shop
drawings.
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ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing
any Work, a log of all samples, material lists and certifications, mix designs, schedules,
and other submittals, as required in the specifications. The log shall indicate whether
samples will be provided in accordance with other provisions of this Contract.
b. Contractor will provide samples and submittals, together with catalogs and supporting
data required by the Engineer, to the Engineer within a reasonable time period to provide
for adequate review and avoid delays in the Work.
c. These requirements shall not authorize any extension of time for performance of this
Contract. Engineer will check and approve such samples, but only for conformance with
design concept of work and for compliance with information given in the Contract
Documents. Work shall be in accordance with approved samples and submittals.
ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall
provide and pay for all materials, labor, tools, equipment, water, lights, power,
transportation, superintendence, temporary constructions of every nature, and all other
services and facilities of every nature whatsoever necessary to execute and complete this
Contract within specified time.
b. Unless otherwise specified, all materials shall be new and the best of their respective
kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure
uninterrupted progress of The Work and shall be stored properly and protected as
required by the Contract Documents. Contractor shall be entirely responsible for damage
or loss by weather or other causes to materials or Work.
d. No materials, supplies, or equipment for Work under this Contract shall be purchased
subject to any chattel mortgage or under a conditional sale or other agreement by which
an interest therein or in any part thereof is retained by the seller or supplier. Contractor
warrants good title to all material, supplies, and equipment installed or incorporated in
the work and agrees upon completion of all work to deliver the Project, to the City free
from any claims, liens, or charges.
e. Materials shall be stored on the Project site in such manner so as not to interfere with any
operations of the City or any independent contractor.
ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site a competent and experienced full-time
Project superintendent approved by the City. Superintendent must be able to proficiently speak,
read and write in English. Contractor shall continuously provide efficient supervision of the
Project.
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ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees.
Contractor shall not employ on the Project any unfit person or any one not skilled in the
Work assigned to him or her.
b. Any person in the employ of the Contractor whom the City may deem incompetent or
unfit shall be dismissed from The Work and shall not be employed on this Project except
with the written Approval of the City.
ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as
far as such terms are applicable to subcontractor’s portion of The Work. Contractor shall
be as fully responsible to the City for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by its subcontractors, as Contractor is for
acts and omissions of persons directly employed by Contractor. Nothing contained in
these Contract Documents shall create any contractual relationship between any
subcontractor and the City.
b. The City reserves the right to Approve all subcontractors. The City’s Approval of any
subcontractor under this Contract shall not in any way relieve Contractor of its
obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply
with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to
California Public Contract Code section 4100 et seq.
ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by
Contractor, unless otherwise specified in the Contract Documents.
a. Contractor shall obtain and pay for all other permits and licenses required for The Work,
including excavation permit and for plumbing, mechanical and electrical work and for
operations in or over public streets or right of way under jurisdiction of public agencies
other than the City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to
permits and licenses, including certification, required by the specifications, drawings, or
by governing authorities, except for such off-site inspections delineated as the City's
responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits,
certificates of inspection and required approvals to the City.
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ARTICLE 15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone,
used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide
necessary temporary distribution systems, including meters, if necessary, from
distribution points to points on The Work where the utility is needed. Upon completion
of The Work, Contractor shall remove all temporary distribution systems.
b. Contractor shall provide necessary and adequate utilities and pay all costs for water,
electricity, gas, oil, and sewer charges required for completion of the Project.
c. All permanent meters Installed shall be listed in the Contractor’s name until Project
Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written
Approval of the City, use the City’s existing utilities by compensating the City for
utilities used by Contractor.
ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited
to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City. Contractor
shall be responsible for arranging the payment of such fees, but inspection fees and other
municipal fees relating to permanent utilities shall be paid by the City. Contractor may either
request reimbursement from the City for such fees, or shall be responsible for arranging and
coordination with City for the payment of such fees.
ARTICLE 17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in
advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or
other provisions to be made for worker protection from the hazard of caving ground
during the excavation of any trench or trenches five feet or more in depth. If the plan
varies from shoring system standards, the plan shall be prepared by a registered civil or
structural engineer. The plan shall not be less effective than the shoring, bracing, sloping,
or other provisions of the Construction Safety Orders, as defined in the California Code
of Regulations.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging
trenches or other excavation that extends deeper than four feet below the surface,
Contractor shall promptly, and before the following conditions are disturbed, notify the
City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
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2) Subsurface or latent physical conditions at the site differing from those indicated.
3) Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in the Contract.
The City shall promptly investigate the conditions, and if it finds that the conditions do so
materially differ, or do involve hazardous waste, and cause a decrease or increase in
Contractor’s cost of, or the time required for, performance of any part of The Work, shall
issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase
in the Contractor’s cost of, or time required for, performance of any part of The Work,
the Contractor shall not be excused from any scheduled completion date provided for by
the Contract, but shall proceed with all Work to be performed under the Contract.
Contractor shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the parties.
ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall
divert all Recyclable Waste Materials to appropriate recycling centers. 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
City or other applicable agencies to document Contractor’s compliance with these diversion
requirements. All costs incurred for these waste diversion efforts shall be the responsibility of
the Contractor.
ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB)
or other toxic wastes and hazardous materials which have not been rendered harmless at the
Project site, the Contractor shall immediately stop work at the affected Project site and shall
report the condition to the City in writing. The City shall contract for any services required to
directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required
by the Project site(s), and shall not require the Contractor to subcontract for such services. The
Work in the affected area shall not thereafter be resumed except by written agreement of the City
and Contractor.
ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets
shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper
and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and
shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA
regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet
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facilities in The Work under construction shall not be permitted. Any other Sanitary Facilities
required by CAL-OSHA shall be the responsibility of the Contractor.
ARTICLE 21. AIR POLLUTION CONTROL
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.
ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT
a. Contractor shall be required to comply with all conditions of the State Water Resources
Control Board (“State Water Board”) National Pollutant Discharge Elimination System
General Permit for Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activity (“Permit”) for all construction activity
which results in the disturbance of in excess of one acre of total land area or which is part
of a larger common area of development or sale. Contractor shall be responsible for
filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely
responsible for preparing and implementing a Storm Water Pollution Prevention Plan
(“SWPPP”) prior to initiating Work. In bidding on this Contract, it shall be Contractor’s
responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as
well as complying with the SWPPP and any necessary revision to the SWPPP.
Contractor shall comply with all requirements of the State Water Resources Control
Board. Contractor shall include all costs of compliance with specified requirements in
the Contract amount.
b. Contractor shall be responsible for procuring, implementing and complying with the
provisions of the Permit and the SWPPP, including the standard provisions, monitoring
and reporting requirements as required by the Permit. Contractor shall provide copies of
all reports and monitoring information to the Engineer.
c. Contractor shall comply with the lawful requirements of any applicable municipality, the
City, drainage district, and other local agencies regarding discharges of storm water to
separate storm drain system or other watercourses under their jurisdiction, including
applicable requirements in municipal storm water management programs.
d. 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.
e. Failure to comply with the Permit is in violation of federal and state law. Contractor
hereby agrees to indemnify and hold harmless City, its officials, officers, agents,
employees and authorized volunteers from and against any and all claims, demands,
losses or liabilities of any kind or nature which City, its officials, officers, agents,
employees and authorized volunteers may sustain or incur for noncompliance with the
Permit arising out of or in connection with the Project, except for liability resulting from
the sole established negligence, willful misconduct or active negligence of the City, its
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officials, officers, agents, employees or authorized volunteers. City may seek damages
from Contractor for delay in completing the Contract in accordance with the Contract
Documents, caused by Contractor’s failure to comply with the Permit.
ARTICLE 23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and
excess materials and equipment. Contractor shall not store debris under, in, or about the
premises. Upon completion of Work, Contractor shall clean the interior and exterior of
the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs,
window sills and ledges, horizontal projections, and any areas where debris has collected
so surfaces are free from foreign material or discoloration. Contractor shall clean and
polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and
equipment and contractor shall also remove temporary fencing, barricades, planking and
construction toilet and similar temporary facilities from site. Contractor shall also clean
all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease,
fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor
fails to immediately clean up at the completion of The Work, the City may do so and the
cost of such clean up shall be charged back to the Contractor.
ARTICLE 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork
operations shall be furnished by the Contractor at its expense. Layout shall be done by a
registered civil engineer Approved by the Engineer. Any required “as-built” drawings of the
Work shall be prepared by the registered civil engineer.
ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so
that the emission of sound therefrom is within the noise tolerance level of that equipment
as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound
control and noise level rules, regulations and ordinances and (2) the requirements
contained in these Contract Documents, 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 or be determined to be ineffective or defective, 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.
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ARTICLE 26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public
authority require any part of The Work to be tested or Approved, Contractor shall provide
the Engineer at least two (2) working days notice of its readiness for observation or
inspection. If inspection is by a public authority other than the City, Contractor shall
promptly inform the City of the date fixed for such inspection. Required certificates of
inspection (or similar) shall be secured by Contractor. Costs for City testing and City
inspection shall be paid by the City. Costs of tests for Work found not to be in
compliance shall be paid by the Contractor.
b. If any Work is done or covered up without the required testing or approval, the
Contractor shall uncover or deconstruct the Work, and the Work shall be redone after
completion of the testing at the Contractor’s cost in compliance with the Contract
Documents.
c. Where inspection and testing are to be conducted by an independent laboratory or
agency, materials or samples of materials to be inspected or tested shall be selected by
such laboratory or agency, or by the City, and not by Contractor. All tests or inspections
of materials shall be made in accordance with the commonly recognized standards of
national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested
or inspected, Contractor shall notify the City so that the City may arrange for testing at
the source of supply. Any materials which have not satisfactorily passed such testing and
inspection shall not be incorporated into The Work.
e. If the manufacture of materials to be inspected or tested will occur in a plant or location
outside the geographic limits of City, the Contractor shall pay for any excessive or
unusual costs associated with such testing or inspection, including but not limited to
excessive travel time, standby time and required lodging.
f. Reexamination of Work may be ordered by the City. If so ordered, Work must be
uncovered or deconstructed by Contractor. If Work is found to be in accordance with the
Contract Documents, the City shall pay the costs of reexamination and reconstruction. If
such work is found not to be in accordance with the Contract Documents, Contractor
shall pay all costs.
ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a
result of The Work. Contractor shall be responsible for the proper care and protection of
all materials delivered and Work performed until completion and final Acceptance by the
City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect
adjacent property from settlement or loss of lateral support as necessary. Contractor shall
comply with all applicable safety laws and building codes to prevent accidents or injury
to persons on, about, or adjacent to the Project site where Work is being performed.
Contractor shall erect and properly maintain at all times, as required by field conditions
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and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for
protection of workers and the public, and shall post danger signs warning against hazards
created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor,
without special instruction or authorization from the Engineer, is hereby permitted to act
to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so
authorized or instructed by the Engineer or the City. Any compensation claimed by
Contractor on account of emergency work shall be determined by and agreed upon by the
City and the Contractor.
c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect
all Work, materials, equipment, appliances, and tools against damage by weather
conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs,
pavements, utilities, and other adjoining property and structures, and to avoid damage
thereto, and Contractor shall repair any damage thereto caused by The Work operations.
Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause
minimum amount of inconvenience and danger to the public.
2) Provide substantial barricades around any shrubs or trees indicated to be
preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.
4) Provide any and all dust control required and follow the Applicable air quality
regulations as appropriate. If the Contractor does not comply, the City shall have
the immediate authority to provide dust control and deduct the cost from
payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its
workers to limits required by law, ordinances, permits, or directions of the
Engineer. Contractor shall not unreasonably encumber the Project site with its
materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or
other devices marking property boundaries or corners. If such markers are
disturbed by accident, they shall be replaced by an approved civil engineer or land
surveyor, at no cost to the City.
7) Ensure that existing facilities, fences and other structures are all adequately
protected and that, upon completion of all Work, all facilities that may have been
damaged are restored to a condition acceptable to the City.
8) Preserve and protect from injury all buildings, pole lines and all direction,
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warning and mileage signs that have been placed within the right-of-way.
9) At the completion of work each day, leave the Project site in a clean, safe
condition.
10) Comply with any stage construction and traffic handling plans. Access to
residences and businesses shall be maintained at all times.
These precautionary measures will apply continuously and not be limited to normal
working hours. Full compensation for the Work involved in the preservation of life,
safety and property as above specified shall be considered as included in the prices paid
for the various contract items of Work, and no additional allowance will be made
therefor.
e. Should damage to persons or property occur as a result of The Work, Contractor shall be
responsible for proper investigation, documentation, including video or photography, to
adequately memorialize and make a record of what transpired. The City shall be entitled
to inspect and copy any such documentation, video, or photographs.
ARTICLE 28. CONTRACTOR’S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no
case shall the Contractor’s means and methods deviate from commonly used industry standards.
ARTICLE 29. INSPECTION AND TESTING
Contractor shall coordinate inspections and testing 48 hours in advance with the City’s Public
Works Inspector, Richard Gardea at (626) 812-5230.
ARTICLE 30. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site
at all times. The City may designate an inspector who shall have the right to observe all of the
Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents.
The inspector shall not be responsible for the Contractor’s failure to carry out The Work in
accordance with the Contract Documents. Contractor shall provide safe and proper facilities for
such access.
ARTICLE 31. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each
subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each
worker employed in the execution of Work by the Contractor or any subcontractor for
each day during which such worker is required or permitted to work more than eight (8)
hours in any one day and forty (40) hours in any week in violation of the provisions of
the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in
Labor Code Section 1815.
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b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift
basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m.
c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the
following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m.,
Monday through Friday, with no Work allowed on City-observed holidays, unless
otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.
ARTICLE 32. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall
maintain weekly certified payroll records showing the name, address, social security
number, work classification, straight time and overtime hours paid each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker or other
employee employed in connection with the work. Contractor shall certify under penalty
of perjury that records maintained and submitted by Contractor are true and accurate.
Contractor shall also require subcontractor(s) to certify weekly payroll records under
penalty of perjury.
b. The payroll records described herein shall be certified and submitted by the Contractor at
a time designated by the City. The Contractor shall also provide the following:
1) A certified copy of the employee’s payroll records shall be made available for
inspection or furnished to such employee or his or her authorized representative
on request.
2) A certified copy of all payroll records described herein shall be made available for
inspection or furnished upon request of the Department of Industrial Relations
(“DIR”).
c. The certified payroll records shall be on forms provided by the Division of Labor
Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the
forms provided by the DLSE.
d. Any copy of records made available for inspection and furnished upon request to the
public shall be marked or obliterated in such a manner as to prevent disclosure of an
individual’s name, address, and social security number. The name and address of the
Contractor or any subcontractor shall not be marked or obliterated.
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e. In the event of noncompliance with the requirements of this Section, the Contractor shall
have ten (10) days in which to comply subsequent to receipt of written notice specifying
any item or actions necessary to ensure compliance with this section. Should
noncompliance still be evident after such ten (10) day period, the Contractor shall, as a
penalty to the City, forfeit Twenty-five Dollars ($25.00) for each day, or portion thereof,
for each worker until strict compliance is effectuated. Upon the request of the DIR, such
penalties shall be withheld from contract payments.
ARTICLE 33. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and
1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance”
projects. Since this Project involves an applicable “public works” or “maintenance”
project, as defined by the Prevailing Wage Laws, and since the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The
Contractor shall obtain a copy of the prevailing rates of per diem wages at the
commencement of this Agreement from the website of the Division of Labor Statistics
and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/.
In the alternative, the Contractor may view a copy of the prevailing rates of per diem
wages at the City. Contractor shall make copies of the prevailing rates of per diem wages
for each craft, classification or type of worker needed to perform work on the Project
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 claims, liabilities, costs, penalties or interest arising out of any failure or allege
failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than
fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less
than the stipulated prevailing wage rate for any work done by him, or by any subcontract
under him, in violation of the provisions of the Labor Code. The difference between such
stipulated prevailing wage rate and the amount paid to each worker for each calendar day
or portion thereof for which each worker was paid less than the stipulated prevailing
wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule
showing all determined general prevailing wage rates and all authorized deductions, if
any, from unpaid wages actually earned.
ARTICLE 34. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of
the Labor Code concerning employment of apprentices by the Contractor or any subcontractor.
The Contractor shall obtain a certificate of apprenticeship before employing any apprentice
pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to
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apprenticeship standards, wage schedules, and other requirements may be obtained from the
Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and
its subcontractors shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, age, political affiliation, marital status, or
handicap on this Project. The Contractor will take affirmative action to insure that employees
are treated during employment or training without regard to their race, color, religion, sex,
national origin, age, political affiliation, marital status, or handicap.
ARTICLE 36. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies
with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and
California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial
Relations, Chapter 4.
ARTICLE 37. WORKERS’ COMPENSATION INSURANCE
The Contractor shall Provide, during the life of this Contract, workers’ compensation insurance
for all of the employees engaged in Work under this Contract, on or at the Project site, and, in
case any of sublet Work, the Contractor shall require the subcontractor similarly to provide
workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any
class of employee or employees not covered by a subcontractor’s insurance shall be covered by
the Contractor’s insurance. In case any class of employees engaged in work under this Contract,
on or at the Project site, is not protected under the Workers’ Compensation Statutes, the
Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage
for the protection of such employees not otherwise protected. The Contractor is required to
secure payment of compensation to his employees in accordance with the provisions of Section
3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance
protecting workers. Company or companies providing insurance coverage shall be acceptable to
the City, if in the form and coverage as set forth in the Contract Documents.
ARTICLE 38. EMPLOYER’S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, Employer’s Liability Insurance,
including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00)
per person per accident. Contractor shall provide City with a certificate of Employer’s Liability
Insurance. Such insurance shall comply with the provisions of the Contract Documents. The
policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer
Endorsement and contain a Waiver of Subrogation in favor of the City.
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ARTICLE 39. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other
period as may be required herein, at its sole expense, Commercial General Liability
insurance coverage, including but not limited to, premises liability, contractual liability,
products/completed operations if applicable, personal and advertising injury – which may
arise from or out of Contractor’s operations, use, and management of the Project site, or
the performance of its obligations hereunder. Policy limits shall not be less than
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required occurrence limit.
b. Such policy shall comply with all the requirements of this Article. The limits set forth
herein shall apply separately to each insured against whom claims are made or suits are
brought, except with respect to the limits of liability. Further the limits set forth herein
shall not be construed to relieve the Contractor from liability in excess of such coverage,
nor shall it limit Contractor’s indemnification obligations to the City, and shall not
preclude the City from taking such other actions available to the City under other
provisions of the Contract Documents or law.
c. Contractor shall make certain that any and all subcontractors hired by Contractor are
insured in accordance with this Contract. If any subcontractor’s coverage does not
comply with the foregoing provisions, Contractor shall indemnify and hold the City
harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by
the City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall
comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death,
property damage, personal injury, owned and non-owned equipment, blanket contractual
liability, completed operations liability, explosion, collapse, under-ground excavation,
removal of lateral support, and other covered loss, however occasioned, occurring during
the policy term, and shall specifically insure the performance by Contractor of that part of
the indemnification contained in these General Conditions, relating to liability for injury
to or death of persons and damage to property. If the coverage contains one or more
aggregate limits, a minimum of 50% of any such aggregate limit must remain available at
all times; if over 50% of any aggregate limit has been paid or reserved, the City may
require additional coverage to be purchased by Contractor to restore the required limits.
Contractor may combine primary, umbrella, and as broad as possible excess liability
coverage to achieve the total limits indicated above. Any umbrella or excess liability
policy shall include the additional insured endorsement described in the Contract
Documents.
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ARTICLE 40. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile
Liability Insurance in the amount of, at least, one million dollars ($1,000,000). Such insurance
shall provide coverage for bodily injury and property damage including coverage for non-owned
and hired vehicles, in a form and with insurance companies acceptable to the City. Such
insurance shall comply with the provisions of Article 30 below.
ARTICLE 41. BUILDER’S RISK [“ALL RISK”]
a. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [
“All Risk”] extended coverage insurance on all work, material, equipment, appliances,
tools, and structures which are a part of the Contract and subject to loss or damage by
fire, and vandalism and malicious mischief, in an amount to cover 100% of the
replacement cost. The City accepts no responsibility until the Contract is formally
accepted by the Governing Board for the work. The Contractor is required to file with the
City a certificate evidencing fire insurance coverage.
b. Provide insurance coverage on completed value form, all-risk or special causes of loss
coverage.
1) Insurance policies shall be so conditioned as to cover the performance of any
extra work performed under the Contract.
2) Coverage shall include all materials stored on site and in transit.
3) Coverage shall include Contractor’s tools and equipment.
4) Insurance shall include boiler, machinery and material hoist coverage.
c. Such insurance shall comply with the provisions of the Contract Documents.
ARTICLE 42. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents
shall be admitted to and authorized to do business in the State of California unless
waived, in writing, by the City Risk Manager. Carrier(s) shall have an A.M. Best rating
of not less than an A:VIII. Insurance deductibles or self-insured retentions must be
declared by the Contractor, and such deductibles and retentions shall have the prior
written consent from the City. At the election of the City the Contractor shall either 1)
reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond
which guarantees payment of losses and related investigations, claims administration, and
defense costs and expenses.
b. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly
executed original Certificates(s) of Insurance and certified original copies of
Endorsements effecting coverage as required herein, or 2) if requested to do so in writing
by the City Risk Manager, provide original Certified copies of policies including all
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Endorsements and all attachments thereto, showing such insurance is in full force and
effect. The City, its Directors and officers, employees, agents or representatives are
named as Additional Insureds and Provide a Waiver of Subrogation in favor of those
parties. Further, said Certificates(s) and policies of insurance shall contain the covenant
of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be
given to the City prior to any material modification or cancellation of such insurance. In
the event of a material modification or cancellation of coverage, the City may terminate
or Stop Work pursuant to the Contract Documents, unless the City receives, prior to such
effective date, another properly executed original Certificate of Insurance and original
copies of endorsements or certified original policies, including all endorsements and
attachments thereto evidencing coverages set forth herein and the insurance required
herein is in full force and effect. Contractor shall not take possession, or use the Project
site, or commence operations under this Agreement until the City has been furnished
original Certificate(s) of Insurance and certified original copies of Endorsements or
policies of insurance including all Endorsements and any and all other attachments as
required in this Section. The original Endorsements for each policy and the Certificate of
Insurance shall be signed by an individual authorized by the insurance carrier to do so on
its behalf.
c. It is understood and agreed to by the parties hereto and the insurance company(s), that the
Certificate(s) of Insurance and policies shall so covenant and shall be construed as
primary, and the City’s insurance and/or deductibles and/or self-insured retentions or
self-insured programs shall not be construed as contributory.
d. The City reserves the right to adjust the monetary limits of insurance coverage’s during
the term of this Contract including any extension thereof-if in the City’s reasonable
judgment, the amount or type of insurance carried by the Contractor becomes
inadequate.
e. Contractor shall pass down the insurance obligations contained herein to all tiers of sub-
contractors working under this Contract.
ARTICLE 43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced on the date
stated in the City’s Notice to Proceed and shall be completed by Contractor in the time
specified in the Contract Documents. The City is under no obligation to consider early
completion of the Project; and the Contract completion date shall not be amended by the
City’s receipt or acceptance of the Contractor’s proposed earlier completion date.
Furthermore, Contractor shall not, under any circumstances, receive additional
compensation from the City (including but not limited to indirect, general, administrative
or other forms of overhead costs) for the period between the time of earlier completion
proposed by the Contractor and the Contract completion date. If The Work is not
completed as stated in the Contract Documents, it is understood that the City will suffer
damage. In accordance with Government Code section 53069.85, being impractical and
infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay
to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in
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the Contract for each day of delay until The Work is fully completed. Contractor and its
surety shall be liable for any liquidated damages. Any money due or to become due the
Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what
constitutes inclement weather. Time extensions for inclement weather shall only be
granted when the Work stopped during inclement weather is on the critical path of the
Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any
delays in completion of The Work due to unforeseeable causes beyond the control and
without the fault or negligence of Contractor (or its subcontractors or suppliers).
Contractor shall within five (5) Days of identifying any such delay notify the City in
writing of causes of delay. The City shall ascertain the facts and extent of delay and
grant extension of time for completing The Work when, in its judgment, the facts justify
such an extension. Time extensions to the Project shall be requested by the Contractor as
they occur and without delay. No delay claims shall be permitted unless the event or
occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for
which the City is responsible shall be limited to only an extension of time unless such
delays were unreasonable under the circumstances. In no case shall the City be liable for
any costs which are borne by the Contractor in the regular course of business, including,
but not limited to, home office overhead and other ongoing costs. Damages caused by
unreasonable City delay, including delays caused by items that are the responsibility of
the City pursuant to Government Code section 4215, shall be based on actual costs only,
no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 44. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete
breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments.
In order for the City to consider and evaluate each progress payment application, 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.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual
quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a
written statement of the final quantities of unit price items for inclusion in the final
payment request.
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e. The City shall have the right to adjust any estimate of quantity and to subsequently
correct any error made in any estimate for payment.
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates
accurately reflect the Work on the Project.
ARTICLE 45. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in
advance of construction operations and not directly attributable to any specific bid item
will be included in the progress estimate (“Initial Mobilization”). When no bid item is
provided for “Initial Mobilization,” payment for such costs will be deemed to be included
in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which
shall constitute full compensation for all such Work. No payment for Initial Mobilization
will be made until all of the listed items have been completed to the satisfaction of the
Engineer. The scope of the Work included under Initial Mobilization shall include, but
shall not be limited to, the following principal items:
1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project site of all Contractor’s plant and equipment required for
first month’s operations.
3. Installing temporary construction power, wiring, and lighting facilities.
4. Establishing fire protection system.
5. Developing and installing a construction water supply.
6. Providing and maintaining the field office trailers for the Contractor and the
Engineer, complete, with all specified furnishings and utility services including
telephones, telephone appurtenances, computer and printer, and copying machine.
7. Providing on-site communication facilities for the Owner and the Engineer,
including telephones, radio pagers, and fax machines.
8. Providing on-site sanitary facilities and potable water facilities as specified per
Cal-OSHA and these Contract Documents.
9. Furnishing, installing, and maintaining all storage buildings or sheds required for
temporary storage of products, equipment, or materials that have not yet been
installed in the Work. All such storage shall meet manufacturer’s specified
storage requirements, and the specific provisions of the specifications, including
temperature and humidity control, if recommended by the manufacturer, and for
all security.
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10. Arranging for and erection of Contractor’s work and storage yard.
11. Posting all OSHA required notices and establishment of safety programs per Cal-
OSHA.
12. Full-time presence of Contractor’s superintendent at the job site as required
herein.
13. Submittal of Construction Schedule as required by the Contract Documents.
ARTICLE 46. PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and
properly submitted payment requests. Contractor shall be paid a sum equal to ninety
percent (95%) of the value of Work performed up to the last day of the previous month,
less the aggregate of previous payments.
b. The Contractor shall, after the full completion of The Work, submit a final payment
application. All prior progress estimates shall be subject to correction in the final
estimate and payment.
c. Unless otherwise required by law, the final payment of five percent (5%) of the value of
the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of
recordation of the Notice of Completion.
d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective
work or improper materials, or to relieve the Contractor of its obligations under the
Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional
waiver of lien for the entire amount covered by such payment request, 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
City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together
with releases of lien from any subcontractor or materialmen.
ARTICLE 47. PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which the City may retain under other provisions of the Contract
Documents the City may withhold payments due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
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c. Failure of Contractor to make proper payments to its subcontractors or suppliers.
d. Completion of the Contract if there exists a reasonable doubt that the work can be
completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor.
g. Failure of Contractor to keep the record (“as-built”) drawings up to date.
h. Failure to provide updates on the construction schedule.
i. Site clean up.
j. Failure of the Contractor to comply with requirements of the Contract Documents.
k. Liquated damages.
l. Legally permitted penalties.
Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs
charged to the Contractor, backcharges or payments withheld pursuant to the Contract
Documents.
ARTICLE 48. CHANGES AND EXTRA WORK
a. Change Order Work.
1) The City, without invalidating the Contract, may order changes in the Work
consisting of additions, deletions or other revisions, the Contract amount and
Contract time being adjusted accordingly. All such changes in the Work shall be
authorized by Change Order, and shall be performed under the applicable
conditions of the Contract Documents. A Change Order signed by the Contractor
indicates the Contractor's agreement therewith, including any adjustment in the
Contract amount or the Contract time, and the full and final settlement of all costs
(direct, indirect and overhead) related to the Work authorized by the Change
Order.
2) All claims for additional compensation to the Contractor shall be presented in
writing before the expense is incurred and will be adjusted as provided herein.
No work shall be allowed to lag pending such adjustment, but shall be promptly
executed as directed, even if a dispute arises. No claim will be considered after
the work in question has been done unless a written contract change order has
been issued or a timely written notice of claim has been made by Contractor.
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
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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) Owner Initiated Change. The Contractor must submit a complete cost proposal,
including any change in the Contract time, within seven (7) Days after receipt of a
scope of a proposed change order, unless the City requests that proposals be
submitted in less than seven (7) Days.
4) Contractor Initiated Change. The Contractor must give written notice of a
proposed change order required for compliance with the Contract Documents
within seven (7) Days of discovery of the facts giving rise to the proposed change
order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum
mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed
supporting documentation to permit verification by the City.
7) If the Contractor fails to submit the cost proposal within the seven (7) Day period
(or as requested), the City has the right to order the Contractor in writing to
commence the work immediately on a force account basis and/or issue a lump
sum change to the contract price in accordance with the City’s estimate of cost. If
the change is issued based on the City estimate, the Contractor will waive its right
to dispute the action unless within fifteen (15) Days following completion of the
added/deleted work, the Contractor presents written proof that the City’s estimate
was in error.
8) Estimates for lump sum quotations and accounting for cost-plus-percentage work
shall be limited to direct expenditures necessitated specifically by the subject
extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing
locally for each craft or type of worker at the time the extra work is done,
plus employer payments of payroll taxes and insurance, health and
welfare, pension, vacation, apprenticeship funds, and other direct costs
resulting from Federal, State or local laws, as well as assessment or
benefits required by lawful collective bargaining agreements. The use of a
labor classification which would increase the extra work cost will not be
permitted unless the contractor establishes the necessity for such
additional costs. Labor costs for equipment operators and helpers shall be
reported only when such costs are not included in the invoice for
equipment rental.
(b) Materials. The cost of materials reported shall be at invoice or lowest
current price at which such materials are locally available in the quantities
involved, plus sales tax, freight and delivery. Materials cost shall be based
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upon supplier or manufacturer’s invoice. If invoices or other satisfactory
evidence of cost are not furnished within fifteen (15) Days of delivery,
then the Engineer shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. No payment will be made for the use of small
tools, tools which have a replacement value of $1,000 or less. Regardless
of ownership, the rates to be used in determining equipment use costs shall
not exceed listed rates prevailing locally at equipment rental agencies, or
distributors, at the time the work is performed.
(d) Overhead, Profit and Other Charges. The mark-up for overhead
(including supervision) and profit on work added to the Contract shall be
according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and
tools and equipment only excluding overhead and profit. The costs
of applicable insurance and bond premium will be reimbursed to
the Contractor and subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for
overhead and profit shall not exceed fifteen (15%) percent of the
Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for
overhead and profit shall not exceed fifteen (15%) percent of the
Net Cost of the Work to which the Contractor may add five (5%)
percent of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for
overhead and profit shall not exceed fifteen (15 %) percent of the
Net Cost for Work to which the subcontractor and general
contractor may each add an additional five (5 %) percent of the Net
Cost of the lower tier subcontractor.
iv. No additional mark up will be allowed for lower tier
subcontractors, and in no case shall the added cost for overhead
and profit payable by City exceed twenty-five (25%) percent of the
Net Cost as defined herein.
9) For added or deducted Work by subcontractors, the Contractor shall furnish to the
City the subcontractor’s signed detailed estimate of the cost of labor, material and
equipment, including the subcontractor markup for overhead and profit. The
same requirement shall apply to sub-subcontractors.
10) For added or deducted work furnished by a vendor or supplier, the Contractor
shall furnish to the City a detailed estimate or quotation of the cost to the
Contractor, signed by such vendor or supplier.
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11) Any change in The Work involving both additions and deletions shall indicate a
net total cost, including subcontracts and materials. Allowance for overhead and
profit, as specified herein, shall be applied if the net total cost is an extra;
overhead and profit allowances shall not be applied if the net total cost is a credit.
The estimated cost of deductions shall be based on labor and material prices on
the date the Contract was executed.
12) Contractor shall not reserve a right to assert impact costs, extended job site costs,
extended overhead, constructive acceleration and/or actual acceleration beyond
what is stated in the change order for work. No claims shall be allowed for
impact, extended overhead costs, constructive acceleration and/or actual
acceleration due to a multiplicity of changes and/or clarifications. The Contractor
may not change or modify the City’s change order form in an attempt to reserve
additional rights.
13) If the City disagrees with the proposal submitted by Contractor, it will notify the
Contractor and the City will provide its opinion of the appropriate price and/or
time extension. If the Contractor agrees with the City, a change order will be
issued by the City. If no agreement can be reached, the City shall have the right
to issue a unilateral change order setting forth its determination of the reasonable
additions or savings in costs and time attributable to the extra or deleted work.
Such determination shall become final and binding if the Contractor fails to
submit a claim in writing to the City within fifteen (15) Days of the issuance of
the unilateral change order, disputing the terms of the unilateral change order.
14) No dispute, disagreement or failure of the parties to reach agreement on the terms
of the change order shall relieve the Contractor from the obligation to proceed
with performance of the work, including extra work, promptly and expeditiously.
15) Any alterations, extensions of time, extra work or any other changes may be made
without securing consent of the Contractor’s surety or sureties.
ARTICLE 49. OCCUPANCY
The City reserves the right to occupy or utilize any portion of The Work at any time before
completion, and such occupancy or use shall not constitute Acceptance of any part of Work
covered by this Contract. This use shall not relieve the Contractor of its responsibilities under
the Contract.
ARTICLE 50. INDEMNIFICATION
Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its
officials, officers, agents, employees, and representatives free and harmless from any and all
claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law
or equity, regardless of whether the allegations are false, fraudulent, or groundless, 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,
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including claims made by subcontractors for nonpayment, including without limitation the
payment of all consequential damages and attorney’s 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, agents, employees and
representatives. 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, agents,
employees and representatives, in any such suit, action or other legal proceeding. Contractor
shall reimburse City, its officials, officers, agents, employees and representatives 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.
ARTICLE 51. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred
to as “as-builts”) and shall require each trade to prepare its own as-builts. The as-builts
must show the entire site for each major trade, including but not limited to water, sewer,
electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the
as-builts to show the actual installation where the installation varies from the Work as
originally shown. Contractor shall mark whichever drawings are most capable of
showing conditions fully and where shop drawings are used, Contractor must record a
cross-reference at the corresponding location on the contract drawings. Contractor shall
give particular attention to concealed elements that would be difficult to measure and
record at a later date. Contractor shall use colors to distinguish variations in separate
categories of The Work.
b. Contractor shall note related change order numbers where applicable. Contractor shall
organize as-builts into manageable sets, bound with durable paper cover sheets and shall
print suitable title, dates and other identification on the cover of each set. Contractor to
also provide an electronic version of the as-builts. The suitability of the as-builts will be
determined by the Engineer.
ARTICLE 52. RESOLUTION OF CONSTRUCTION CLAIMS
a. In accordance with Public Contract Code Sections 20104 et seq. and other applicable law,
public works claims of $375,000 or less which arise between the Contractor and the City
shall be resolved under the following the statutory procedure unless the City has elected
to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
b. All Claims: All claims shall be submitted in writing and accompanied by substantiating
documentation. Claims must be filed on or before the date of final payment unless other
notice requirements are provided in the contract. "Claim" means a separate demand by
the claimant for (1) a time extension, (2) payment of money or damages arising from
work done by or on behalf of the claimant and payment of which is not otherwise
expressly provided for or the claimant is not otherwise entitled, or (3) an amount the
payment of which is disputed by the City.
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c. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of
receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the
claim, any additional documentation supporting the claim or relating to defenses or
claims the City may have. If additional information is needed thereafter, it shall be
provided upon mutual agreement of the City and the claimant. The City's written
response shall be submitted 15 days after receiving the additional documentation, or
within the same period of time taken by the claimant to produce the additional
information, whichever is greater.
d. Claims over $50,000 but less than or equal to $375,000. The City shall respond in
writing within 60 days of receipt, or, may request in writing within 30 days of receipt of
the claim, any additional documents supporting the claim or relating to defenses or claims
the City may have against the claimant. If additional information is needed thereafter, it
shall be provided pursuant to mutual agreement between the City and the claimant. The
City's response shall be submitted within 30 days after receipt of the further documents,
or within the same period of time taken by the claimant to produce the additional
information or documents, whichever is greater. The Contractor shall make these records
and documents available at all reasonable times, without any direct charge.
e. The Contractor will submit the claim justification in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the
claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim
f. If the claimant disputes the City's response, or if the City fails to respond within the
statutory time period(s), the claimant may so notify the City within 15 days of the receipt
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of the response or the failure to respond, and demand an informal conference to meet and
confer for settlement. Upon such demand, the City shall schedule a meet and confer
conference within 30 Days.
g. If following the meet and confer conference, the claim or any portion thereof remains in
dispute, the claimant may file a claim pursuant to Government Code 900 et seq. and
Government Code 910 et seq. For purposes of those provisions, the time within which a
claim must be filed shall be tolled from the time the claimant submits the written claim
until the time the claim is denied, including any time utilized for the meet and confer
conference.
h. Submission of a claim, properly certified, with all required supporting documentation,
and written rejection or denial of all or part of the claim by City, is a condition precedent
to any action, proceeding, litigation, suit, general conditions claim, or demand for
arbitration by Contractor.
ARTICLE 53. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy,
serve written notice upon Contractor of its intention to terminate this Contract if the
Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such
diligence as will ensure its completion within the time required; (ii) fails to complete The
Work within the required time; (iii) should file a bankruptcy petition or be adjudged a
bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v)
should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to
supply enough properly skilled workers or proper materials to complete the work; (vii)
should fail to make prompt payment to subcontractors or for material or labor; (viii)
persistently disregard laws, ordinances, other requirements or instructions of the City; or
(ix) should violate any of the provisions of the Contract Documents.
The notice of intent to terminate shall contain the reasons for such intention to terminate.
Unless within ten (10) Days after the service of such notice, such condition shall cease or
satisfactory arrangements (acceptable to the City) for the required correction are made,
this Contract shall be terminated. In such case, Contractor shall not be entitled to receive
any further payment until the Project has been finished. The City may take over and
complete The Work by any method it may deem appropriate. Contractor and its surety
shall be liable to the City for any excess costs or other damages incurred by the City to
complete the Project. If the City takes over The Work, the City may, without liability for
so doing, take possession of and utilize in completing The Work such materials,
appliances, plant, and other property belonging to the Contractor as may be on the Project
site.
b. Termination For Convenience: The City may terminate performance of The Work in
whole or, in part, if the City determines that a termination is in the City's interest.
The Contractor shall terminate all or any part of The Work upon delivery to the
Contractor of a Notice of Termination specifying that the termination is for the
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convenience of the City, the extent of termination, and the effective date of such
termination.
After receipt of Notice of Termination, and except as directed by the City, the Contractor
shall, regardless of any delay in determining or adjusting any amounts due under this
Termination for Convenience clause, immediately proceed with the following
obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least
cost/shortest time manner while still maintaining the quality called for
under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon
which the facility (or facilities) forming the basis of the Contract
Documents is situated in a safe and sanitary manner such that it does not
pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they relate to the portions of
The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete
the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the
Notice of Termination, all of the documentation called for by the Contract
Documents to substantiate all costs incurred by the Contractor for labor,
materials and equipment through the Effective Date of the Notice of
Termination. Any documentation substantiating costs incurred by the
Contractor solely as a result of the City's exercise of its right to terminate
this Contract pursuant to this clause, which costs the Contractor is
authorized under the Contract Documents to incur, shall: (i) be submitted
to and received by the City no later than thirty (30) Days after the
Effective Date of the Notice of Termination; (ii) describe the costs
incurred with particularity; and (iii) be conspicuously identified as
"Termination Costs Occasioned by the City's Termination for
Convenience."
7) These provisions are in addition to and not in limitation of any other rights
or remedies available to the City.
c. Notwithstanding any other provision of this Article, when immediate action is necessary
to protect life and safety or to reduce significant exposure or liability, the City may
immediately order Contractor to cease Work on the Project until such safety or liability
issues are addressed to the satisfaction of the City or the Contract is terminated.
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ARTICLE 54. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall
be new unless otherwise specified in the Contract Documents; and that all Work
conforms to the Contract Document requirements and is free of any defect whether
performed by the Contractor or any subcontractor or supplier.
b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of
Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real
or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final
Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days
after being notified commence and perform with due diligence all necessary Work. If the
Contractor fails to promptly remedy any defect, or damage; the county shall have the
right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s
expense.
f. In the event of any emergency constituting an immediate hazard to health, safety,
property, or licensees, when caused by Work of the Contractor not in accordance with the
Contract requirements, the City may undertake at Contractor’s expense, and without
prior notice, all Work necessary to correct such condition.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or
suppliers for Work performed and Materials furnished under this Contract, the Contractor
shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of the City; and
3) Enforce all warranties for the benefit of the City, unless otherwise directed in
writing by the City.
This Article shall not limit the City’s rights under this Contract or with respect to latent defects,
gross mistakes, or fraud. The City specifically reserves all rights related to defective work,
including but not limited to the defect claims pursuant to California Code of Civil Procedure
Section 337.15.
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ARTICLE 55. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code Section 8546.7, records of both the City and the
Contractor shall be subject to examination and audit by the State Auditor General for a
period of three (3) years after final payment.
b. Contractor shall make available to the City any of the Contractor’s other documents
related to the Project immediately upon request of the City.
c. In addition to the State Auditor rights above, the City shall have the right to examine and
audit all books, estimates, records, contracts, documents, bid documents, subcontracts,
and other data of the Contractor (including computations and projections) related to
negotiating, pricing, or performing the modification in order to evaluate the accuracy and
completeness of the cost or pricing data at no additional cost to the City, for a period of
four (4) years after final payment.
ARTICLE 56. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part
of the Contract Documents. Any information obtained from such report as to subsurface soil
condition, or to elevations of existing grades or elevations of underlying rock, is approximate
only and is not guaranteed. Contractor acknowledges that any soils investigation report
(including any borings) was prepared for purposes of design only and Contractor is required to
examine the site before submitting its bid and must make whatever tests it deems appropriate to
determine the underground condition of the soil.
ARTICLE 57. SEPARATE CONTRACTS
a. The City reserves the right to let other contracts in connection with this Work or on the
Project site. Contractor shall permit other contractors reasonable access and storage of
their materials and execution of their work and shall properly connect and coordinate its
Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect
work already in place and shall at once report to the Engineer any problems with the
work in place or discrepancies with the Contract Documents.
c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of
any other contracts that have been or may be awarded by the City in prosecution of the
Project to the end that Contractor may perform this Contract in the light of such other
contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor
exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary
hindrance or delay to any other contractor working on the Project. If simultaneous
execution of any contract for the Project is likely to cause interference with performance
of some other contract or contracts, the Engineer shall decide which Contractor shall
cease Work temporarily and which contractor shall continue or whether work can be
coordinated so that contractors may proceed simultaneously. The City shall not be
responsible for any damages suffered or for extra costs incurred by Contractor resulting
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directly or indirectly from award, performance, or attempted performance of any other
contract or contracts on the Project site.
ARTICLE 58. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party
as designated in the Bid Forms. Written notice to the Contractor shall be addressed to
Contractor’s principal place of business unless Contractor designates another address in writing
for service of notice. Notice to City shall be addressed to the City as designated in the Notice
Inviting Bids unless City designates another address in writing for service of notice. Notice shall
be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier.
Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving
party.
ARTICLE 59. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, the City shall provide Contractor with timely
notification of the receipt of any third-party claim relating to the Contract.
ARTICLE 60. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint
regarding a patent act or omission is filed within four (4) years of the date of the alleged
violation. A complaint regarding a latent act or omission pertaining to structural defects must be
filed within ten (10) years of the date of the alleged violation. Any questions concerning a
contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000,
Sacramento, California 95826.
ARTICLE 61. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by
any party or person shall affect or modify any of the terms or obligations contained in the
Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the
entire agreement of the City and Contractor.
ARTICLE 62. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any
part thereof including any claims, without prior written consent of the City. Any assignment
without the written consent of the City shall be void. Any assignment of money due or to
become due under this Contract shall be subject to a prior lien for services rendered or Material
supplied for performance of Work called for under the Contract Documents in favor of all
persons, firms, or corporations rendering such services or supplying such Materials to the extent
that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government
Code.
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ARTICLE 63. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL
ENTITY
Should a change be contemplated in the name or nature of the Contractor’s legal entity, the
Contractor shall first notify the City in order that proper steps may be taken to have the change
reflected on the Contract.
ARTICLE 64. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract
or subcontract to supply goods, services, or materials pursuant to a public works contract,
Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15)
or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7
of the Business and Professions Code), arising from the purchase of goods, services, or materials
pursuant to this Contract or any subcontract. This assignment shall be made and become
effective at the time the City makes final payment to the Contractor, without further
acknowledgment by the parties.
ARTICLE 65. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to
negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising,
making, accepting or approving any engineering, inspection, construction or material supply
contract or any subcontract in connection with construction of the project, shall be or become
directly or indirectly interested financially in the Contract.
ARTICLE 66. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on conduct of work as indicated and specified. If Contractor observes
that drawings and specifications are at variance therewith, he shall promptly notify the
Engineer in writing and any necessary changes shall be adjusted as provided for in this
Contract for changes in work. If Contractor performs any work knowing it to be contrary
to such laws, ordinances, rules and regulations, and without such notice to the Engineer,
he shall bear all costs arising therefrom.
b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act
(“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with
ADA regulations.
ARTICLE 67. PATENT FEES OR ROYALTIES.
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, employees and representatives from and against any and
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all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or
nature, arising from such use.
ARTICLE 68. OWNERSHIP OF DRAWING
All Contract Documents furnished by the City are City property. They are not to be used by
Contractor or any subcontractor on other work nor shall Contractor claim any right to such
documents. With exception of one complete set of Contract Documents, all documents shall be
returned to the City on request at completion of The Work.
ARTICLE 69. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may
create a possessory interest subject to personal property taxation for which Contractor will be
responsible.
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SPECIAL CONDITIONS
The City has not made findings pursuant to Public Contract Code Section 3400(b)
regarding the use of specific materials, products, things, and/or services that must
be utilized for the Project.]
TECHNICAL SPECIFICATIONS
74
TECHNICAL SPECIFICATIONS
ALOSTA AVENUE SUBDRAIN PROJECT
CIP NO. 66515A
ALL WORK SHALL CONFORM TO THE STANDARD PLANS & SPECIFICATIONS OF THE
CITY OF AZUSA’S LATEST EDITION, AND THE STANDARD PLANS & SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK) LATEST EDITION. A COPY SHALL
BE ON SITE AT ALL TIMES. ALL WORK SHALL BE SUBJECT TO CITY PUBLIC WORKS
INSPECTOR’S ACCEPTANCE AS A CONDITION OF COMPLETION OF WORK BY THE
CONTRACTOR.
Bid Item No. 1: Mobilization & Demobilization
This Bid Item shall include items listed in Article 45 Mobilization in the General Conditions and
shall include any and all work required to keep the public right-of-way, adjoining properties and
downstream drainage improvements free of construction debris and silt.
Bid Item No. 2: NPDES/SWPPP Requirements
All required NPDES/SWPPP and BMP’S regulations shall be complied with Article 22
Compliance With State Storm Water Permit in the General Conditions and, including, but not
limited to:
a) Storm or construction generated water containing sediment such as construction waste,
soil, slurry from concrete/asphalt concrete saw cutting operations, clean up of concrete
transit mixers or other pollutants from construction sites and parking areas shall be
retained or controlled on site and shall not be permitted to enter the storm drain system.
b) Temporary sediment filtering systems such as sandbags, silt fences, stabilized
construction entrance, or gravel berms shall be utilized to trap sediment so that only
filtered water enters the City’s stormdrain system. Proper clean up and disposal of
settled sediment and the filtering system shall be the responsibility of the
CONTRACTOR.
c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area
designated for new concrete construction, for example) is acceptable. Discharge on to
private property, parkway areas, or the street is not permitted.
d) Plastic or other impervious covering shall be installed where appropriate to prevent
erosion of an otherwise unprotected area, along with any other runoff control devices
deemed appropriate by the City.
e) Excavated soil stored on the site shall be covered in a manner that minimizes the amount
of sediments running into the storm drain system, street, or adjoining properties.
f) No washing of construction or other industrial vehicles and equipment shall be allowed
adjacent to a construction site.
g) During rain days, the CONTRACTOR shall keep at the construction site sufficient
materials and labor to install temporary sediment filtering systems and other water
pollution prevention control measures. These control measures shall be in place and
maintained by the CONTRACTOR on a daily basis on days when construction is not in
TECHNICAL SPECIFICATIONS
75
progress due to rain. No other work shall be conducted during rain events.
h) All costs associated with water pollution control shall be borne by the CONTRACTOR.
Any ex pense incurred by the City to expeditiously respond to storm drain
contamination resulting from CONTRACTOR’s failure to implement water pollution
control measures will be charged to the CONTRACTOR.
i) BMPs must conform to the most recent edition of the California BMP Handbook
(www.cabmphandbooks.com).
j) Downstream catch basins must be protected with a combination of gravel bags and
permeable fabric. All BMPs in the public right-of-way must be removed by the
CONTRACTOR at the conclusion of the project.
The following items of work shall be included in the lump sum bid for Mobilization and
NPDES/SWPPP Requirements and no additional compensation will be allowed:
1. Mobilization.
2. NPDES and erosion control requirements.
The CONTRACTOR shall not disturb or damage existing improvements to be protected in place.
Any damage done by CONTRACTOR and/or its equipment shall be repaired or replaced as
called out in Section 7-9 of the Standard Specifications at CONTRACTOR's expense.
This Bid Item shall also include the cost to secure bonds and insurance’s, movement of
personnel, equipment, materials and incidentals to and from the project sites, securing a
temporary construction yard, maintaining the project in a safe, clean and orderly manner during
construction and final cleanup of the work and staging sites.
Payment for this item shall be on a lump sum basis in accordance with the provisions in
Subsection 300-2.9, "Payment," of the Standard Specifications and as indicated in the Bid Form
unless identified by another bid item within these specifications and no additional compensation
will be allowed. Progress payments shall be made upon the judgment of the Engineer as a
percent complete.
Bid Item No. 3: Diversion of Recyclable Waste Materials
All removed material becomes the property of the CONTRACTOR and shall be hauled and
disposed of properly at a licensed disposal facility outside of the roadway right of way.
Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. These
materials shall be removed from the project site and diverted to a recycling center rather than an
area landfill.
Payment for excavation and disposal of materials shall be lump sum and shall include full
compensation for labor, materials and equipment necessary to complete this Bid Item.
Bid Item No. 4: Traffic Control
This Bid Item shall include all material, equipment, and labor necessary to provide traffic control
to fully protect the public from danger due to the work being done. The CONTRACTOR shall
be responsible for furnishing, placing, modifying and maintaining the traffic control devices and
TECHNICAL SPECIFICATIONS
76
temporary striping. The CONTRACTOR shall maintain at least one 12’ wide travel lane in both
directions of traffic at all times.
Also included in this Bid Item will be all of the requirements set forth in “Public Convenience
and Traffic Control” of the General Specifications of these Specifications.
The Contractor shall provide and maintain all signs, barricades, pedestals, flashers, delineators
and other necessary facilities for the protection of the motoring public within the limits of the
construction area. All signs to be used on the job during hours of darkness shall be reflectorized.
All signs, barricades and methods shall conform to the requirements of the current “California
Manual on Uniform Traffic Control Devices” (CAMUTCD).
The Contractor shall supply and post signs at each entrance to the construction work locations to
warn motorists of possible safety hazards. The signs shall be of sufficient size and shall be
mounted in such a way to be readable by the motorists.
No material or equipment shall be stored where it will interfere with the safe passage of public
traffic and at the end of each day’s work, the Contractor shall remove all equipment and other
obstructions from that portion of the roadway used by public traffic.
Spillage resulting from hauling operations along or across any public traveled way shall be
removed promptly. Whenever the Contractor’s operations require one-way traffic or create a
condition hazardous to the public traffic, he shall provide and station competent flagmen whose
sole duties shall consist of directing the movement of traffic through and around the work site.
Should the Contractor fail to provide and maintain these devices and services and the City is
required to alleviate said conditions, the total charges for labor, equipment and materials,
including overhead and transportation, accrued by the City for such work will be deducted from
the contract payments to the Contractor.
Action on the part of the Engineer in directing the Contractor’s attention to inadequacy of the
required devices and services or any action of the City to alleviate the Contractor’s inadequacies
shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to
provide and maintain these devices and services.
When necessary to provide vehicular or pedestrian crossings over the fresh asphalt, the Engineer
shall direct the Contractor to spread sufficient sand or rock dust on the affected area to eliminate
tracking or damage to the pavement. Sand or rock dust used for this purpose shall be at the
Contractor’s expense.
Payment for traffic control shall be on a lump sum basis, and shall include full compensation for
labor, materials & equipment necessary to complete this bid item.
Full compensation for conforming to the requirements of this section, not otherwise provided for,
shall be considered as included in the prices paid for the various Contract items of work
involved, and no additional compensation will be allowed therefore.
TECHNICAL SPECIFICATIONS
77
Bid Item No. 5: 2” Coldmill
The work included in this Bid Item shall consist of all the work described in Sub-Section 302-1,
“Cold Milling of Existing Pavement” of the Standard Specifications and Exhibit “A” and “B”.
Payment for uniform Cold Mill shall be measured and paid for on a square foot basis and shall
include all work called for in these special provisions and as directed by the Engineer and no
additional compensation will be allowed therefore. The roadway excavation areas, which are
located within a cold plane area, shall not be counted in the cold plane square footage.
Bid Item No. 6: Construct AC Pavement
The Contractor shall be responsible for preparing and recompacting the sub-grade to the
requirements shown on Exhibit “A” and “B”.
All compaction tests will be performed at the expense of the AGENCY except that costs for non-
passing tests shall be borne by the Contractor. The total cost of non-passing tests will be
determined at the conclusion of construction.
All asphalt concrete pavement shall conform to Subsection 203-6, “Asphalt Concrete” of the
Standard Specifications and all asphalt concrete pavement shall be constructed in accordance
with Subsection 302-5, “Asphalt Concrete Pavement” of the Standard Specifications as modified
herein, and to the lines and grades indicated in the project plans.
The CONTRACTOR shall furnish to the City reports from the supplier certifying that the asphalt
pavement materials and proportions comply with the designated classifications for asphalt
concrete pavement as required herein, or as directed by the Engineer.
Prime Coat will not be required on this project. Tack Coat shall be required and uniformly
applied to existing hard-surfaced pavement including the vertical portions of all A.C. and P.C.C.
surfaces to be joined.
Three-inch and greater thickness pavement shall be laid in two courses. The asphalt concrete
pavement shall conform to the following specifications:
Applicability Asphalt Type
2” Overlay C2-PG 64-10
Existing + 1” Asphalt Concrete C2-PG 64-10
Subsection 302-5.41, “Tack Coat”:
Tack coat material shall be Grade SS-1h emulsified asphalt. Tack coat shall be applied at a rate
of .05 gallons per square yard.
Subsection 302-5.6, “Rolling”: The following is hereby added to the first paragraph:
Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint.
TECHNICAL SPECIFICATIONS
78
Rubber tire roller shall be used on any leveling course.
Subsection 302-5.7, “Joints”: The following is hereby added to the first paragraph:
Joint lines between successive runs shall be on lane lines.
Subsection 302-5.5, “Distribution and Spreading”, of the Standard Specifications is
supplemented and amended by the following:
Unless approved by the City Engineer, the CONTRACTOR will not be allowed to deposit the
A.C. material from bottom dump trucks into a windrow then pick up said material and convey it
into the paving machine by an elevating device. All areas shall be paved by depositing the A.C.
material from delivery trucks directly into the paving machine hopper.
In addition to the requirements in Subsection 302-5.5 of the Standard Specifications, asphalt
concrete shall be placed with spreading equipment equipped with fully automated screed and
grade sensing controls, which shall control the longitudinal grade of the screed.
The measurement and payment for asphalt concrete construction, complete in place, will be
made at the contract unit price per ton. Certified weigh tickets shall be submitted to the Engineer
for all asphalt concrete pavement incorporated into the work.
The unit price for asphalt concrete pavement shall include full compensation for furnishing all
materials, labor, tools, equipment, transportation and incidentals required to construct the
pavement in accordance with the plans, these Special Provisions and the Standard Specifications
and no additional compensation will be allowed thereof.
Striping
This Bid Item shall also include any and all work required to replace any and all pavement
striping, markings and legends to their original locations. Paint pavement markings and traffic
striping shall conform to Section 314, “Traffic Striping, Curb and Pavement Markings, and
Pavement Makers” of the Standard Specifications.
All thermoplastic striping and pavement markings shall conform to the provisions of Section 84,
“Traffic Stripes and Pavement Markings”, of the Caltrans Standard Specifications, latest edition
and these special provisions.
All conflicting striping shall be removed.
All striping and pavement markings work shall be in accordance with the latest edition of the
Caltrans Standard Plans and the latest edition of the CAMUTCD unless noted otherwise on the
plans or contained in these specifications.
All striping shall be “cat-tracked” by the Contractor and approved by the Engineer prior to
placement of permanent striping. All exposed “cat-tracking” shall be removed upon placement
of permanent striping.
TECHNICAL SPECIFICATIONS
79
All reflective and non-reflective pavement markers shall conform to the provisions of Section
214, “Pavement Markers” and be placed in accordance with Section 312, “Pavement Marker
Placement and Removal” of the Standard Specifications.
All striping and pavement markings shall be replace in-kind per 2015 Caltrans Standard Plans.
The contractor shall furnish the necessary control points for all striping and markings and shall
be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. No
striping shall be installed until the layout and spotting has been specifically approved by the
Engineer.
Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and
markings shall be removed prior to painting new ones, but in no case shall any section of street
be left without the proper striping for more than 24 hours or over weekends or holidays.
Bid Item No. 7: Construct Aggregate Base
The Contractor shall be responsible for preparing and recompacting the sub-grade to the
requirements shown on Exhibit “B”.
All compaction tests will be performed at the expense of the AGENCY except that costs for non-
passing tests shall be borne by the Contractor. The total cost of non-passing tests will be
determined at the conclusion of construction.
All crushed aggregate base shall conform to Subsection 200-2.2, “Crushed Aggregate Base” of
the Standard Specifications and all crushed aggregate base work shall be performed in
accordance with the provisions in Subsection 301-1 and 301-2, “Subgrade Preparation” and
“Preparation of Subgrade” of the Standard Specifications.
Payment for crushed aggregate base shall conform to the provisions of Subsections 26-1.04
“Payment” of the California Department of Transportation Specifications, latest edition. All the
requirements stated above shall be included in the unit price bid with no additional compensation
allowed.
Bid Item No. 8: Construct 4” Perforated Subdrain Assembly
This Bid Item shall include all labor and materials necessary for the installation of 4” subdrains
as specified in Exhibits “A” and “B”. Sub-drains shall be paid for on the basis of linear feet
installed.
The material and work included in this item shall comply with the requirements and conditions
of Subsection 207-1.7 “Perforated Pipe” and Section 306, “Underground Conduit Construction”
of the Standard Specifications.
Subdrains located in the street shall include saw cutting and removal of the existing A.C.
pavement and C.A.B., placement of a 4” SCH 40 perforated pipe with the perforations oriented
TECHNICAL SPECIFICATIONS
80
down, ¾” – 1½” crushed rock placed in maximum 8” lifts and mechanically compacted (under
observation of the Geotechnical Consultant) surrounded by an overlapped filter fabric (MIRAFI
140N Geofabric or approved equal) as shown in Exhibit “B”.
This bid item shall also include all work necessary for the excavation and disposal of materials as
necessary to achieve the required sub-grade elevations and existing finished surface elevations.
This work shall conform to the provisions in Section 300-2, “Unclassified Excavation” of the
Standard Specifications and the following specifications. A copy of the boring logs and
subsurface testing is available at Contractors request. Removals shall be done in accordance with
Section 300-1.3 “Removal and Disposal of Materials” of the Standard Specifications and Article 18
Diversion of Recyclable Waste Materials in the General Conditions.
The Bid Item shall include excavation, hauling, export of surplus material, disposal, and any
other similar incidental or appurtenant operations that may be requested, including the removal
of abandoned facilities within the limits of construction.
A.C. pavement shall be sawcut to full depth around entire join perimeter. Removal of existing
pavement sections shall be to the depth required for construction of the replacement roadway
sections as shown on Exhibit “B” and will include the removal of existing A.C. pavement,
aggregate base, and buried layers of P.C.C. pavement and/or A.C. Pavement and subgrade if
encountered.
Excavations shall be examined by the Soils Engineer. If determined necessary by the
geotechnical consultant, further excavation areas shall be performed.
Full compensation for furnishing all labor, equipment, tools, and incidentals required to complete
the work in conformity with the exhibits and specifications shall be considered as included on
the contract unit price and no additional compensation will be allowed thereof.
Bid Item No. 9: Construct 4” SCH 40 PVC Pipe (4ft) Connection to Existing Catch Basin
This Bid Item shall include all labor and materials necessary for connecting the proposed
subdrain assembly to the existing catch basin as specified on Exhibits “A”. Pavement
resurfacing including asphalt concrete, base material and the hauling of the excavated material to
a recycling center shall be per separate bid items and no additional compensation shall be made
thereof. Connection shall be paid for on the basis of each installed.
The material and work included in this item shall comply with the requirements and conditions
of Subsection 207-16, “ABS or PVC Composite Pipe” and Section 306, “Underground Conduit
Construction” of the Standard Specifications and in accordance with Exhibit “A”.
PLANS
81
PLANS
ALOSTA AVENUE SUBDRAIN PROJECT
CIP NO. 66515A
PLANS
82
GENERAL CONDITIONS
TABLE OF CONTENTS
Page No.
GENERAL CONDITIONS
-83-
ARTICLE 1. DEFINITIONS .................................................................................................. 36
ARTICLE 2. CONTRACT DOCUMENTS ........................................................................... 37
ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE ...................... 38
ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS .............................................. 38
ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE ..................................... 39
ARTICLE 6. SCHEDULE ...................................................................................................... 39
ARTICLE 7. SUBSTITUTIONS ............................................................................................ 40
ARTICLE 8. SHOP DRAWINGS .......................................................................................... 41
ARTICLE 9. SUBMITTALS ................................................................................................. 42
ARTICLE 10. MATERIALS .................................................................................................... 42
ARTICLE 11. CONTRACTOR’S SUPERVISION ................................................................. 42
ARTICLE 12. WORKERS ....................................................................................................... 43
ARTICLE 13. SUBCONTRACTORS ..................................................................................... 43
ARTICLE 14. PERMITS AND LICENSES ............................................................................ 43
ARTICLE 15. UTILITY USAGE ............................................................................................ 44
ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES ................................... 44
ARTICLE 17. TRENCHES ...................................................................................................... 44
ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS ............................. 45
ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS ............................................... 45
ARTICLE 20. SANITARY FACILITIES ................................................................................ 45
ARTICLE 21. AIR POLLUTION CONTROL ........................................................................ 46
ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT .......................... 46
ARTICLE 23. CLEANING UP ................................................................................................ 47
ARTICLE 24. LAYOUT AND FIELD ENGINEERING ........................................................ 47
ARTICLE 25. EXCESSIVE NOISE ........................................................................................ 47
ARTICLE 26. TESTS AND INSPECTIONS........................................................................... 48
ARTICLE 27. PROTECTION OF WORK AND PROPERTY ............................................... 48
ARTICLE 28. CONTRACTORS MEANS AND METHODS ................................................ 50
ARTICLE 29. INSPECTOR’S FIELD OFFICE ...................................................................... 50
ARTICLE 30. AUTHORIZED REPRESENTATIVES ........................................................... 50
ARTICLE 31. HOURS OF WORK .......................................................................................... 50
ARTICLE 32. PAYROLL RECORDS ..................................................................................... 51
ARTICLE 33. PREVAILING RATES OF WAGES................................................................ 52
ARTICLE 34. EMPLOYMENT OF APPRENTICES ............................................................. 52
ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ........ 53
ARTICLE 36. LABOR/EMPLOYMENT SAFETY ................................................................ 53
ARTICLE 37. WORKERS’ COMPENSATION INSURANCE ............................................. 53
ARTICLE 38. EMPLOYER’S LIABILITY INSURANCE ..................................................... 53
ARTICLE 39. COMMERCIAL GENERAL LIABILITY INSURANCE ............................... 54
ARTICLE 40. AUTOMOBILE LIABILITY INSURANCE ................................................... 55
ARTICLE 41. BUILDER’S RISK [“ALL RISK”] .................................................................. 55
ARTICLE 42. FORM AND PROOF OF CARRIAGE OF INSURANCE .............................. 55
ARTICLE 43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ..................... 56
ARTICLE 44. COST BREAKDOWN AND PERIODIC ESTIMATES ................................. 57
ARTICLE 45. MOBILIZATION ............................................................................................. 58
GENERAL CONDITIONS
TABLE OF CONTENTS
Page No.
GENERAL CONDITIONS
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ARTICLE 46. PAYMENTS ..................................................................................................... 59
ARTICLE 47. PAYMENTS WITHHELD AND BACKCHARGES ...................................... 59
ARTICLE 48. CHANGES AND EXTRA WORK .................................................................. 60
ARTICLE 49. OCCUPANCY .................................................................................................. 63
ARTICLE 50. INDEMNIFICATION....................................................................................... 63
ARTICLE 51. RECORD (“AS BUILT”) DRAWINGS ........................................................... 64
ARTICLE 52. RESOLUTION OF CONSTRUCTION CLAIMS ........................................... 64
ARTICLE 53. CITY’S RIGHT TO TERMINATE CONTRACT ........................................... 66
ARTICLE 54. WARRANTY AND GUARANTEE ................................................................ 68
ARTICLE 55. DOCUMENT RETENTION & EXAMINATION ........................................... 69
ARTICLE 56. SOILS INVESTIGATIONS ............................................................................. 69
ARTICLE 57. SEPARATE CONTRACTS ............................................................................. 69
ARTICLE 58. NOTICE AND SERVICE THEREOF.............................................................. 70
ARTICLE 59. NOTICE OF THIRD PARTY CLAIMS .......................................................... 70
ARTICLE 60. STATE LICENSE BOARD NOTICE. ............................................................. 70
ARTICLE 61. INTEGRATION ............................................................................................... 70
ARTICLE 62. ASSIGNMENT ................................................................................................. 70
ARTICLE 63. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL
ENTITY ............................................................................................................ 71
ARTICLE 64. ASSIGNMENT OF ANTITRUST ACTIONS ................................................. 71
ARTICLE 65. PROHIBITED INTERESTS ............................................................................. 71
ARTICLE 66. LAWS AND REGULATIONS......................................................................... 71
ARTICLE 67. PATENT FEES OR ROYALTIES. .................................................................. 71
ARTICLE 68. OWNERSHIP OF DRAWING ......................................................................... 72
ARTICLE 69. NOTICE OF TAXABLE POSSESSORY INTEREST .................................... 72