HomeMy WebLinkAboutE.9 - Staff Report - Azusa Ave Pavement Rehab NIB 6-2-2024APPROVE THE IMPROVEMENT PLANS AND SPECIFICATIONS FOR THE AZUSA AVE PAVEMENT
REHABILITATION PROJECT AND AUTHORIZE STAFF TO SOLICIT BIDS FOR PHASES I AND II
June 2, 2024
Page 3
CONSENT ITEM
E-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: JUNE 2, 2025
SUBJECT: APPROVE THE IMPROVEMENT PLANS AND SPECIFICATIONS FOR THE
AZUSA AVENUE PAVEMENT REHABILITATION PROJECT – PHASE I
(CONCRETE IMPROVEMENTS), AND AUTHORIZE STAFF TO SOLICIT
BIDS
BACKGROUND:
Azusa Avenue is one of the City’s major arterial roads, stretching from the southerly boundary
adjacent to the City of Covina to the northerly City limits where it continues as U.S. Highway 39
toward the scenic Foothill Mountains. The parkways and roadway pavement on Azusa Avenue
from Arrow Highway to First Street have not been rehabilitated since 2000. The Engineering
Division conducted an assessment of the existing concrete improvements on Azusa Avenue and
determined that there are several areas of damaged/uplifted sidewalks, non-compliant ADA curb
ramps, drive approaches, and numerous alley approaches that need to be replaced.
RECOMMENDATIONS:
Staff recommends that the City Council take the following actions:
1) Approve the contract documents and construction plans; and
2)Authorize staff to solicit bids for the Azusa Avenue Pavement Rehabilitation Project –
Phase I (Concrete Improvements).
ANALYSIS:
The project improvements are proposed along Azusa Avenue from Arrow Highway to First Street,
approximately one (1) mile in total length. The improvements include reconstructing ADA curb
Approved
City Council
June 2, 2025
Azusa Ave Pavement Rehabilitation Project – Phase 1 (Concrete Improvements)
June 2, 2025
Page 2 of 3
ramps, uplifted sidewalks, non-compliant drive and alley approaches, replacing uplifted or cracked
curb and gutter, and the construction of new concrete bus pads.
The proposed roadway pavement improvements which include a 3-inch cold mill and 3” asphalt
concrete overlay, manhole/valve adjustments, and signing and striping, shall be included as a part
of the Azusa Avenue Pavement Rehabilitation Project – Phase II (Roadway Paving and Striping).
Staff will prepare the contract documents, plans, and specifications for Phase II, to take before the
City Council at the upcoming Azusa City Council meeting.
Staff determined that splitting the scope into two phases will allow specialty contractors to bid on
each phase of the project without or with limited sub-contractors. Inherently, this will result in
more competitive bids without overhead and markup costs that are usually included when there is
a prime contractor and multiple sub-contractors. Staff has determined that by bidding each phase
separately the City would save approximately 15% to 20% of the construction cost or
approximately $400,000 dollars. In addition, this method of bidding will encourage local
contractors to bid on the Azusa Avenue Pavement Rehabilitation Project (Phases I and II).
Staff will review the bids submitted and request approval from the City Council to award a contract
to the lowest responsive bidder at a future meeting. Construction is anticipated to commence in
August 2025. The proposed actions will approve the contract documents and construction plans
and specifications for the Azusa Avenue Pavement Rehabilitation Project – Phase I (Concrete
Improvements) and authorize staff to solicit bids.
ENVIRONMENTAL CLEARANCE:
This action is categorically exempt from the requirements of the California Environmentally
Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) – Rehabilitation of Existing Streets and
Highways. Staff have filed a Notice of Exemption with the Los Angeles County Clerk’s Office.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions. The Azusa Avenue Pavement
Rehabilitation Project Phases I and II will be funded with Highway 39 Funds.
Prepared by: Reviewed by:
Christina Curiel Robert Delgadillo, P.E.
Public Works Project Manager Director of Public Works/City Engineer
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Azusa Ave Pavement Rehabilitation Project – Phase 1 (Concrete Improvements)
June 2, 2025
Page 3 of 3
Attachments:
1) Contract Documents and Specifications
2) Improvement Plans
CONTRACT DOCUMENTS
AND SPECIFICATIONS
AZUSA AVENUE
PAVEMENT REHABILITATION PROJECT
PHASE I
(CONCRETE IMPROVEMENTS)
CITY OF AZUSA
PUBLIC WORKS DEPARTMENT
213 E. FOOTHILL BLVD.
AZUSA, CA 91702-1395
BIDS ARE DUE BY JULY 9, 2025 AT 10:00AM
TABLE OF CONTENTS
Page
00 11 16 – NOTICE INVITING BIDS ........................................................................................... 5
00 21 13 – INSTRUCTIONS TO BIDDERS ................................................................................. 8
ARTICLE 1. SECURING DOCUMENTS ............................................................................. 8
ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS ............................ 8
ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS .............................. 8
ARTICLE 4. PRE-BID CONFERENCE ............................................................................... 9
ARTICLE 5. ADDENDA ...................................................................................................... 9
ARTICLE 6. ALTERNATE BIDS ......................................................................................... 9
ARTICLE 7. COMPLETION OF BID FORMS ...................................................................... 9
ARTICLE 8. MODIFICATIONS OF BIDS ............................................................................ 9
ARTICLE 9. SUBCONTRACTORS ................................................................................... 10
ARTICLE 10. LICENSING REQUIREMENTS ................................................................... 10
ARTICLE 11. BID GUARANTEE (BOND) ......................................................................... 10
ARTICLE 12. IRAN CONTRACTING ACT OF 2010 .......................................................... 10
ARTICLE 13. NONCOLLUSION DECLARATION ............................................................. 11
ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION
CERTIFICATION ..................................................................................................... 11
ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM ................................. 11
ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION ....................................... 11
ARTICLE 17. SIGNING OF BIDS ..................................................................................... 12
ARTICLE 18. SUBMISSION OF SEALED BIDS ............................................................... 12
ARTICLE 19. OPENING OF BIDS .................................................................................... 12
ARTICLE 20. WITHDRAWAL OF BID ............................................................................... 13
ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID .................................. 13
ARTICLE 22. SUBSTITUTION OF SECURITY ................................................................. 13
ARTICLE 23. PREVAILING WAGES ................................................................................ 13
ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 13
ARTICLE 25. INSURANCE REQUIREMENTS ................................................................. 14
ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND
REQUIREMENTS .................................................................................................... 14
ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS,
LICENSES AND FEES ............................................................................................ 14
ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE ........................................ 14
ARTICLE 29. FILING OF BID PROTESTS ....................................................................... 14
ARTICLE 30. BASIS OF AWARD; BALANCED BID ......................................................... 15
01/2024 -i- TABLE OF CONTENTS
-ii- NOTICE INVITING BIDS
TABLE OF CONTENTS
(Continued)
Page
ARTICLE 31. AWARD PROCESS .................................................................................... 15
ARTICLE 32. EXECUTION OF CONTRACT .................................................................... 15
ARTICLE 33. QUESTIONS ............................................................................................... 16
00 41 43 – BID FORMS ............................................................................................................ 17
ARTICLE 1. INFORMATION ABOUT BIDDER ................................................................. 28
ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) .............................................. 31
ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS ....................... 32
ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS
QUESTIONNAIRE ................................................................................................... 33
ARTICLE 5. VERIFICATION AND EXECUTION ............................................................... 34
00 52 13 – CONTRACT ............................................................................................................ 39
00 61 13 – BOND FORMS ........................................................................................................ 43
00 72 13 – GENERAL CONDITIONS ........................................................................................ 52
ARTICLE 1. DEFINED TERMS ........................................................................................ 52
ARTICLE 2. CONTRACT DOCUMENTS .......................................................................... 56
ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION
COMMUNICATION .................................................................................................. 56
ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE ............................ 57
ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE
OF WORK ............................................................................................................... 57
ARTICLE 6. MOBILIZATION ............................................................................................ 57
ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE ........................................ 58
ARTICLE 8. SOILS INVESTIGATIONS ............................................................................ 59
ARTICLE 9. CONTRACTOR’S SUPERVISION ................................................................ 60
ARTICLE 10. WORKERS ................................................................................................. 60
ARTICLE 11. INDEPENDENT CONTRACTORS .............................................................. 60
ARTICLE 12. SUBCONTRACTS ...................................................................................... 60
ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY ...................................... 61
ARTICLE 14. REQUESTS FOR SUBSTITUTION ............................................................. 61
ARTICLE 15. SHOP DRAWINGS ..................................................................................... 62
ARTICLE 16. SUBMITTALS ............................................................................................. 63
ARTICLE 17. MATERIALS ............................................................................................... 63
ARTICLE 18. PERMITS AND LICENSES ......................................................................... 64
ARTICLE 19. TRENCHES ................................................................................................ 64
ARTICLE 20. TRAFFIC CONTROL .................................................................................. 65
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TABLE OF CONTENTS
(Continued)
Page
ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS ................................ 66
ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS ................................................ 66
ARTICLE 23. SANITARY FACILITIES .............................................................................. 66
ARTICLE 24. AIR POLLUTION CONTROL ...................................................................... 66
ARTICLE 25. LAYOUT AND FIELD ENGINEERING ........................................................ 67
ARTICLE 26. TESTS AND INSPECTIONS ....................................................................... 67
ARTICLE 27. PROTECTION OF WORK AND PROPERTY .............................................. 67
ARTICLE 28. CONTRACTOR’S MEANS AND METHODS ............................................... 68
ARTICLE 29. AUTHORIZED REPRESENTATIVES ......................................................... 68
ARTICLE 30. HOURS OF WORK ..................................................................................... 68
ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE .......................................... 69
ARTICLE 32. PREVAILING RATES OF WAGES .............................................................. 70
ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION ................................... 71
ARTICLE 34. EMPLOYMENT OF APPRENTICES ........................................................... 71
ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ............. 72
ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 72
ARTICLE 37. LABOR/EMPLOYMENT SAFETY ............................................................... 73
ARTICLE 38. INSURANCE ............................................................................................... 73
ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE .............................. 76
ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ......................... 77
ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES .................................. 78
ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT ................................................ 79
ARTICLE 43. SECURITIES FOR MONEY WITHHELD ..................................................... 80
ARTICLE 44. CHANGES AND EXTRA WORK ................................................................. 80
ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT ...................................................... 92
ARTICLE 46. OCCUPANCY ............................................................................................. 93
ARTICLE 47. INDEMNIFICATION .................................................................................... 93
ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES ............................................ 94
ARTICLE 49. CITY’S RIGHT TO TERMINATE CONTRACT............................................. 98
ARTICLE 50. WARRANTY AND GUARANTEE OF WORK ............................................ 100
ARTICLE 51. DOCUMENT RETENTION & EXAMINATION ........................................... 102
ARTICLE 52. SEPARATE CONTRACTS ........................................................................ 103
ARTICLE 53. NOTICE AND SERVICE THEREOF ......................................................... 103
ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS ........................................................ 103
-iv- NOTICE INVITING BIDS
TABLE OF CONTENTS
(Continued)
Page
ARTICLE 55. STATE LICENSE BOARD NOTICE .......................................................... 104
ARTICLE 56. INTEGRATION ......................................................................................... 104
ARTICLE 57. ASSIGNMENT OF CONTRACT ................................................................ 104
ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL
ENTITY .................................................................................................................. 104
ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS ............................................... 104
ARTICLE 60. PROHIBITED INTERESTS ....................................................................... 105
ARTICLE 61. CONTROLLING LAW ...................................................................................... 105
ARTICLE 62. JURISDICTION; VENUE ........................................................................... 105
ARTICLE 63. LAWS AND REGULATIONS ..................................................................... 105
ARTICLE 64. PATENTS ................................................................................................. 105
ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS .......................................... 105
ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST .................................. 106
ARTICLE 67. SURVIVAL OF OBLIGATIONS ................................................................. 106
SPECIAL CONDITIONS .................................................................................................... 107
GENERAL REQUIREMENTS ........................................................................................... 127
ATTACHMENT 1 - FLEET COMPLIANCE CERTIFICATION
TECHNICAL SPECIFICATIONS
STANDARD PLANS
IMPROVEMENT PLANS
-5- NOTICE INVITING BIDS
NOTICE INVITING BIDS
PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Azusa, invites sealed bids
for the above stated project and will receive such bids in the office of the City Clerk, 213 E. Foothill
Blvd., City of Azusa, California 91702, UP TO THE HOUR OF 10:00 AM on July 9, 2025, for the
AZUSA AVENUE PAVEMENT REHABILITATION PROJECT – PHASE I (CONCRETE
IMPROVEMENTS), (the “Project”). At said time, Bids will be publicly opened and read aloud at the
City Office. Bids received after said time shall be returned unopened. Bids shall be valid for a period
of 90 calendar days after the Bid opening date.
SCOPE OF WORK: The work to be performed or executed under these specifications consists of
furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents
to construct the above stated project. All work is located in the City of Azusa.
A PRE-BID CONFERENCE will not be held.
Bids must be submitted on the City’s Bid Forms. Bidders may obtain an electronic copy of the Contract
Documents from the Engineering Division at: Bids@AzusaCA.gov, at a “No Fee” charge ($0.00). To
the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor
plan room service, the City shall provide an electronic copy of the Contract Documents at no charge
to the contractor plan room.
It is the responsibility of each prospective bidder to download and print all Bid Documents for review
and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted
on the City of Azusa’s website at www.AzusaCA.gov. It is the responsibility of each prospective bidder
to check the City of Azusa’s website on a daily basis through the close of bids for any applicable
addenda or updates. The City does not assume any liability or responsibility based on any defective
or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents.
Information on www.AzusaCA.gov may change without notice to prospective bidders.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road
Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply
broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of
equipment used in California. A copy of the Regulation is available at
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are
required to comply with all CARB and Regulation requirements, including, without limitation, all
applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations
section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid,
copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported
Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may
render the Bid non-responsive.
Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a
surety company satisfactory to the City Council, the amount of which shall not be less than ten percent
(10%) of the submitted Total Bid Price, made payable to City of Azusa as bid security. The bid security
shall be provided as a guarantee that within five (5) working days after the City provides the successful
bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary
bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder
fails to comply within said time. No interest will be paid on funds deposited with City.
The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and
Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract
Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that
-6- NOTICE INVITING BIDS
meets all State of California bonding requirements, as defined in California Code of Civil Procedure
Section 995.120, and that is a California admitted surety insurer. Pursuant to Section 22300 of the
Public Contract Code of the State of California, the successful Bidder may substitute certain securities
for funds withheld by City to ensure its performance under the contract.
Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and
the prevailing wage rate for holiday and overtime work applicable in Los Angeles County from the
Director of the Department of Industrial Relations for each craft, classification, or type of worker
needed to execute this contract. A copy of these prevailing wage rates may be obtained via the
internet at: www.dir.ca.gov/dlsr/
In addition, a copy of the prevailing rate of per diem wages is available at the City’s Engineering
Division and shall be made available to interested parties upon request. The successful bidder shall
post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to
whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code
provisions, which include but are not limited to the payment of not less than the said specified
prevailing wage rates to all workers employed by them in the execution of the Contract, employment
of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to
bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered
with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into
without proof of the contractor’s and subcontractors’ current registration with the Department of
Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors,
of any tier, shall maintain active registration with the Department of Industrial Relations for the duration
of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by
Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project
that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and
1771.1.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include
the cost of complying with all labor compliance requirements under this contract and applicable law
in its Bid.
Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor
pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s)
throughout the time it submits its Bid and for the duration of the contract: “C-8”
Substitution requests shall be made within 35 calendar days after the award of the contract. Pursuant
to Public Contract Code Section 3400(b), the City may make findings designating that certain
additional materials, methods or services by specific brand or trade name other than those listed in the
Standard Specifications be used for the Project. Such findings, if any, as well as the materials,
methods or services and their specific brand or trade names that must be used for the Project may
be found in the Special Conditions.
City shall award the contract for the Project to the lowest responsive, responsible Bidder as
determined by the City from the Base Bid alone. City reserves the right to reject any or all bids or to
waive any irregularities or informalities in any bids or in the bidding process.
All pre-bid questions relative to this project prior to the opening of bids shall be directed to Christina
Curiel (see Instructions to Bidders). Bidders are encouraged to submit their pre-bid questions as early
as possible, in writing by email to Bids@AzusaCA.gov, so they can be answered in writing through an
addendum if necessary. Pre-bid questions will be received up to 5:00 PM on June 30, 2025, after
-7- NOTICE INVITING BIDS
which they will not be answered.
END OF NOTICE INVITING BIDS
-8- INSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS
ARTICLE 1. SECURING DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the
Project. Bid and Contract Documents may be obtained electronically from the Engineering Division
at: Bids@AzusaCA.gov, at a “No Fee” charge ($0.00), as specified in the Notice Inviting Bids.
The City may also make the Contract Documents available for review at one or more plan rooms, as
indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the
Contract Documents at a plan room must contact the City to obtain the required Contract Documents
if they decide to submit a bid for the Project.
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations
section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported
Compliance (“CRC”) for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including
any applicable leased equipment or vehicles). Bidder must additionally complete and submit the
Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the
Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may
render the Bid non-responsive.
Addenda, if any, issued during the bid period will be sent only to those contractors who have
obtained documents from the City. Any Addenda will be posted on the City’s website.
Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the
contract.
ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed
work and fully acquaint itself with the conditions relating to the construction and labor required so that
the Bidder may fully understand the work, including but not limited to difficulties and restrictions
attending the execution of the work under the contract. Each Bidder shall carefully examine the
Drawings, and shall read the Specifications, Contract, and all other documents referenced herein.
Each Bidder shall also determine the local conditions which may in any way affect the performance
of the work, including local tax structure, contractors’ licensing requirements, availability of required
insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal,
state and local laws, ordinances, rules, regulations and codes affecting the performance of the work,
including the cost of permits and licenses required for the work, and shall make such surveys and
investigations, including investigations of subsurface or latent physical conditions at the site or where
work is to be performed as may be required. Bidders are responsible for consulting the standards
referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract
documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself
with conditions there existing shall in no way relieve any Bidder from any obligation with respect to
its Bid or to the contract and no relief for error or omission will be given except as required under
State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this
Article.
ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or
other proposed contract documents may submit to the Engineer of the City a written request for
interpretation. The prospective Bidder submitting the request is responsible for prompt delivery.
-9- INSTRUCTIONS TO BIDDERS
Interpretation of the Drawings, Specifications or other proposed contract documents will be made
only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to
each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not
be responsible for any other explanation or interpretations of the proposed documents. If a
Prospective Bidders becomes aware of any errors or omissions in any part of the Contract
Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the
City.
ARTICLE 4. PRE-BID CONFERENCE
A PRE-BID CONFERENCE will not be held.
ARTICLE 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, email address, and facsimile number to which Addenda may be sent, as well as a
telephone number by which the City can contact the Bidder. Copies of Addenda will be furnished by
email, facsimile, first class mail, express mail or other proper means of delivery without charge to all
parties who have obtained a copy of the 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 to verify that it has received all
Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received
prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be
sufficient cause for rejecting the Bid.
ARTICLE 6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the time required for completion of the
alternate bid items has already 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.
ARTICLE 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 Forms may result in the Bid being deemed non-
responsive.
ARTICLE 8. MODIFICATIONS OF BIDS
-10- INSTRUCTIONS TO BIDDERS
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
not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon.
Oral, telephonic and electronic modifications will not be considered.
ARTICLE 9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of
each subcontractor who will perform work, labor, furnish materials or render services to the bidder
on said contract and each subcontractor licensed by the State of California who, under subcontract
to bidder, specially fabricates and installs a portion of the Work described in the Drawings and
Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and
shall indicate the portion of the work to be done by such subcontractor in accordance with Public
Contract Code Section 4104.
ARTICLE 10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section
3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors
must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and
Professions Code Section 7028.5, 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 ten (10) 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.
Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be
properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract
Code section 20103.5.
ARTICLE 11. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City
of Azusa; or (c) a Bid Bond secured from a surety company satisfactory to the City Council, the
amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City
of Azusa as bid security. Personal sureties and unregistered surety companies are unacceptable.
The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure
Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days
after the City provides the successful bidder the Notice of Award, the successful bidder will enter
into a contract and provide the necessary bonds and certificates of insurance. The bid security will
be declared forfeited if the successful bidder fails to comply within said time, and City may enter into
a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest
shall be paid on funds deposited with the City. City will return the security accompanying the bids of
all unsuccessful bidders no later than 60 calendar days after award of the contract.
ARTICLE 12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person
that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City
with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the
bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant
-11- INSTRUCTIONS TO BIDDERS
to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment
activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person
described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
The form of such Iran Contracting Certificate is included with the bid package and must be signed
and dated under penalty of perjury.
ARTICLE 13. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of non-collusion with their
bid. This form is included with the bid package and must be signed and dated under penalty of
perjury.
ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to
bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered
with the Department of Industrial Relations. No bid will be accepted nor any contract entered into
without proof of the contractor’s and subcontractors’ current registration with the Department of
Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors,
of any tier, shall maintain active registration with the Department of Industrial Relations for the
duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works
Contractor Registration Certification on the form provided, attesting to the facts contained therein.
Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide
the registration number for each listed subcontractor in the space provided in the Designation of
Subcontractors form.
ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire
along with its Bid. Failure to provide all information requested within the questionnaire along with the
Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any
Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is
qualified to properly carry out the terms of the contract.
ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment
of compensation to its employees. Contractor shall sign and file with the City the following certificate
prior to performing the work under this Contract:
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.
The form of such Workers' Compensation Certificate is included as part of this document.
ARTICLE 17. 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.
-12- INSTRUCTIONS TO BIDDERS
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.
ARTICLE 18. 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 a sealed envelope,
addressed and delivered or mailed, postage prepaid, to the Engineering Division of the City before
the time and day set for the receipt of bids. The envelope shall bear the title of the work and the
name of the bidder. 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 the City as provided herein. Bids received after the time and day set for the receipt of
bids shall be returned to the bidder unopened. The envelope shall also contain the following in the
lower left-hand corner thereof:
Bid of (Bidder’s Name)
for the AZUSA AVENUE PAVEMENT REHABILITATION PROJECT - PHASE I (CONCRETE
IMPROVEMENTS)
Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via
electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable
method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any
bid not strictly complying with City’s designated methods for delivery.
ARTICLE 19. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and every
bid received prior to the time and day set for the receipt of bids will be publicly opened and read. 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 date(s) and time(s) indicated.
The public reading of each bid will include the following information:
A. The name and business location of the bidder.
B. The nature and amount of the bid security furnished by bidder.
C. The bid amount.
Bidders or their representatives and other interested persons may be present at the opening of the
bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids. The
City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.
ARTICLE 20. WITHDRAWAL OF BID
-13- INSTRUCTIONS TO BIDDERS
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time
prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so
as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and
day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions
herein.
Bids may be withdrawn after bid opening only by providing written notice to City within five (5)
working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq.,
or as otherwise may be allowed with the consent of the City.
ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work
unless alternate bids are specifically called for. A person, firm or corporation that has submitted a
sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby
disqualified from submitting a sub-proposal or quoting prices to other bidders. No person, firm,
corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a
Bidder, when also submitting a prime Bid on the same Project.
ARTICLE 22. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the
Work completed. The City will retain a percentage 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.
ARTICLE 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 available at the Engineering
Division’s Office of the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised
that a copy of these rates must be posted by the successful Bidder at the job site(s).
ARTICLE 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 Labor Code Sections 1777.1 or 1777.7. 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.
ARTICLE 25. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth
in the General Conditions.
ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful
-14- INSTRUCTIONS TO BIDDERS
Performance Bond each in an amount equal to one hundred percent (100%) of the contract price.
Each bond shall be secured from a surety company that meets all State of California bonding
requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by
the State of California. Each bond shall be accompanied, upon the request of City, with all
documents required by California Code of Civil Procedure Section 995.660 to the extent required by
law. All bonding and insurance requirements shall be completed and submitted to City within ten (10)
working days from the date the City provides the successful bidder with the Notice of Award.
ARTICLE 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.
ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE
Notwithstanding anything contained herein, the Bid Form contains an allowance for the Contractor’s
cost of acquiring traffic control permits and for construction inspection fees that may be charged to
the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to
eliminate the need by bidders to research or estimate the costs of traffic control permits and
construction inspection fees prior to submitting a bid. The allowance is specifically intended to
account for the costs of traffic control permits and construction inspection fees charged by the local
Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are
included within the allowance.
ARTICLE 29. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City Clerk’s Office. 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 for 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, the City may reject the protest
without further review.
If the protest is timely and complies with the above requirements, the City Clerk, or other designated
City staff member, shall review the protest, any response from the challenged Bidder(s), and all
other relevant information. The City Clerk’s Office will provide a written decision to the protestor.
The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive
remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a
failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest,
including filing a Government Code Claim or legal proceedings.
ARTICLE 30. BASIS OF AWARD; BALANCED BID
-15- INSTRUCTIONS TO BIDDERS
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The
lowest Bid will be determined on the basis of the Total Base Bid Price.
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.
ARTICLE 31. 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) working days from the date of this notification to execute the Contract and supply
the City with all of the required documents and certifications. Once the City receives all of the
properly drafted and executed documents and certifications from the Bidder, the City shall conduct
a pre-construction conference with the Contractor and its subcontractors, and issue a Notice to
Proceed to that Bidder. The Contract time will begin to run from the date of the Notice to Proceed.
ARTICLE 32. 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. The Contract and bond forms to be executed
by the successful Bidder are included within these Specifications and shall not be detached.
The selected Contractor shall complete the project within 45 working days of City’s
Authorization to Proceed with Construction.
Working hours for this project are 7:00 a.m. to 4:00 p.m. - Monday through Friday, excluding legal
holidays and weekends.
ARTICLE 33. QUESTIONS
Questions regarding this Notice Inviting Bids may be directed to:
Christina Curiel
Public Works Project Manager
Christina.Curiel@AzusaCA.gov
No other members of the City’s staff or City Council should be contacted about this procurement
during the bidding process. Any and all inquiries and comments regarding this Bid must be
communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion,
disqualify any Bidder who engages in any prohibited communications.
Bidders are encouraged to submit their pre-bid questions as early as possible, in writing via email
to Bids@AzusaCA.gov, so they can be answered in writing through an addendum if necessary. Pre-
bid questions will be received up to 5:00 P.M. on June 30, 2025, after which they will not be
answered.
-16- BID FORMS
BID FORMS
0.1 Bid.
Bids will be received at the City of Azusa, 213 E. AZUSA AVENUE, Azusa, CA 91702, until 10:00
A.M. on Wednesday, July 9, 2025.
NAME OF BIDDER:
City of Azusa
213 E. AZUSA AVENUE
Azusa, CA 91702
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:
AZUSA AVENUE PAVEMENT REHABILITATION PROJECT
PHASE I (CONCRETE IMPROVEMENTS)
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, as described and in strict conformity with the Drawings, and these Specifications for TOTAL
BASE BID PRICE indicated herein.
The undersigned acknowledges receipt, understanding, and full consideration of the following
addenda to the Contract Documents:
Addenda No(s).
1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid
Price.
2. Attached is the completed Designation of Subcontractors form.
3. Attached is the fully executed Non-Collusion Declaration form.
4. Attached is the completed Iran Contracting Act Certification form.
5. Attached is the completed Public Works Contractor Registration Certification form.
6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation
form.
7. Attached is the completed Bidder Information and Experience form.
8. Attached is the completed Attachment 1 - Fleet Compliance Certification form.
-17- BID FORMS
A. BID SCHEDULE
Item
No. Item Description Unit Qty
Unit
Bid
Price
Total Bid Price
1 Mobilization, Bonds, Insurance, and
Demobilization LS 1
2
Construction Safety, Traffic Control, 6 CMS
Boards, Daily Cleanup and Construction
Best Management Practices
LS 1
3 Re-establish All Survey Monuments &
Centerline (CL) Ties LS 1
4 Construction Staking and Survey, Line and
Grade LS 1
5 Remove & Replace Sidewalk per City of
Azusa Standard Plan R6-2 SF 15,800
6
Remove & Replace Curb & Gutter per City
of Azusa Standard Plan R4-2, and
Reconstruct Asphalt Abutting Concrete per
City of Azusa Standard Plan R11-2
LF 820
7
Remove & Construct ADA Curb Ramp with
Truncated Dome Per Latest Caltrans
Standard Plan A88A & Specifications, and
Remove and Construct Adjoining Curb and
Gutter per City of Azusa Standard Plans
R4-2 and R11-2
EA 17
8
Install Concrete Bus Pad Per SPPWC
Standard Plan 131-3, and Reconstruct
Asphalt Abutting Concrete per City of Azusa
Standard Plan R11-2
EA 10
9
Remove Existing Drive Approach and
Construct 8” Thick Drive Approach per City
of Azusa Standard Plan R5-2, and
Reconstruct Asphalt Abutting Concrete per
City of Azusa Standard Plan R11-2
EA 47
10
Remove & Replace Type “A” Curb per City
of Azusa Standard Plan R4-2, and
Reconstruct Asphalt Abutting Concrete per
City of Azusa Standard Plan R11-2
LF 280
11
Remove & Replace Alley Approach per City
of Azusa Standard Plan R8-2, and
Reconstruct Asphalt Abutting Concrete per
City of Azusa Standard Plan R11-2
EA 2
-18- BID FORMS
12
Remove and Replace Catch Basin Local
Depression per SPPWC Standard 313-4
Case “B”, and Reconstruct Asphalt Abutting
Concrete per City of Azusa Standard Plan
R11-2
EA 1
13 Remove Existing Parkway Sign and Install
per City of Azusa Standard Plan R15-2 EA 12
14
Remove & Replace Spandrel and/or Cross
Gutter per City of Azusa Standard Plan R7-
2, and Reconstruct Asphalt Abutting
Concrete per City of Azusa Standard Plan
R11-2
SF 6,000
TOTAL: $ _____________________
The costs for any Work shown or required in the Contract Documents, but not specifically identified
as a line item are to be included in the related line items and no additional compensation shall be due
to Contractor for the performance of the Work.
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.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit
prices and any apparent errors in the addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City
makes no representation that the actual quantities of work performed will not vary from the
estimates. Final payment shall be determined by the Engineer from measured quantities of work
performed based upon the Unit Price.
-19- BID FORMS
B. TOTAL BASE BID PRICE:
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 successful bidder hereby agrees to sign the contract and furnish the necessary bonds and
certificates of insurance within ten (10) working days after the City provides the successful bidder with
the Notice of Award.
Upon receipt of the signed contract and other required documents, the contract will be executed by
the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official
starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned
agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless
otherwise specified.
The undersigned has examined the location of the proposed work and is familiar with the Drawings
and Specifications and the local conditions at the place where work is to be done.
If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by
all subcontractors to all laborers, workers and mechanics employed in the execution of such contract
no less than the prevailing wage rate within Los Angeles County for each craft, classification, or type
of worker needed to complete the Work contemplated by this contract as established by the Director
of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file
at the City’s Administration Office and shall be made available to interested parties upon request.
Enclosed find cash, bidder’s bond, or cashier’s or certified check No. from the
Bank in the amount of , which is not
less than ten percent (10%) of this bid, payable to City of Azusa as bid security and which is given as
a guarantee that the undersigned will enter into a contract and provide the necessary bonds and
certificates of insurance if awarded the Work.
The bidder furthermore agrees that in case of bidder’s default in executing said contract and
furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or
certified check accompanying this proposal and the money payable thereon shall become and shall
remain the property of the City of Azusa.
Bidder is an individual , or corporation , or partnership , organized under the
TOTAL BASE BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES
FOR THE AZUSA AVENUE PAVEMENT REHABILITATION
PROJECT – PHASE I (CONCRETE IMPROVEMENTS)
$
Total Base Bid Price in Numbers
Total Base Bid Price in Written Form
In case of discrepancy between the written price and the numerical price,
the written price shall prevail.
-20- BID FORMS
laws of the State of .
Bidder confirms license(s) required by California State Contractor’s License Law for the performance
of the subject project are in full effect and proper order. The following are the Bidder’s applicable license
number(s), with their expiration date(s) and class of license(s):
If the Bidder is a joint venture, each member of the joint venture must include the required licensing
information.
Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond,
in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price
within ten (10) working days from the date the City provides the successful bidder the Notice of
Award. Sureties must meet all of the State of California bonding requirements, as defined in
California Code of Civil Procedure Section 995.120 and must be authorized by the State of
California.
The insurance company or companies to provide the insurance required in the contract documents
must have a Financial Strength Rating of not less than “A-” and a Financial Size Category of not
less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the City,
the City may waive the Financial Strength Rating and the Financial Size Category classifications for
Workers’ Compensation insurance.
(signatures continued on next page)
-21- BID FORMS
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.
Executed at , on this day of , .
(Bidders Name – Print or Type)
(Name and Title)
(Corporate Seal)
(Signature)
Names of individual members of firm or names and titles of all officers of corporation and their
addresses are listed below:
Name Title
Complete Address
Phone FAX
Name Title
Complete Address
Phone FAX
Name Title
Complete Address
-22- BID FORMS
Phone FAX
Name Title
Complete Address
Phone FAX
-23- BID FORMS
0.2 Bid Bond
[Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s
check, accompanies bid.]
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 AZUSA AVENUE PAVEMENT REHABILITATION
PROJECT – PHASE I (CONCRETE IMPROVEMENTS).
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.
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety
is an admitted surety insurer authorized to do business in the State of California.
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)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
-24- BID FORMS
Notary Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
personally
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Title or Type of Document
Number of Pages
Date of Document
-25- BID FORMS
Notary Acknowledgment
STATE OF
CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on
the document and could prevent fraudulent removal and reattachment of this form to another
document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-
Attorney to local representatives of the bonding company must also be attached.
END OF BID BOND
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
-26- BID FORMS
0.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing
at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any
amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of
business, (b) the California contractor license number, (c) the DIR public works contractor
registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d)
the portion of the work which will be done by each subcontractor who will perform work or labor
or render service to the Bidder in or about the construction of the work or improvement to be
performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the
Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of
streets and highways, then the Bidder shall list each subcontractor who will perform work or labor
or render service to the Bidder in or about the work in an amount in excess of one-half of one
percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time
shall be granted to provide the below requested information.
If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor
for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully
qualified to perform that portion of work and that it shall perform that portion itself.
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.
DIR
Registration
Number
% of
Work
-27- BID FORMS
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.
DIR
Registration
Number
% of
Work
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
-28- BID FORMS
0.4 Bidder Information and Experience Form
ARTICLE 1. 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
Email Address
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:
-29- BID FORMS
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:
-30- BID FORMS
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:
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
-31- BID FORMS
ARTICLE 2. 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
-32- BID FORMS
ARTICLE 3. 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 Name Location
(city, state)
Contact Info.
(name / phone / email)
Cost of
Bidder’s Work
-33- BID FORMS
ARTICLE 4. 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.
Changes Occurring Since Prequalification
If any substantive changes have occurred since Bidder submitted its prequalification package for this
Project, Bidder shall list them below. If none are listed, Bidder certifies that no substantive changes
have occurred.
-34- BID FORMS
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:
ARTICLE 5. 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
Date
-35- BID FORMS
0.5 Non-Collusion Declaration The
undersigned declares:
I am the of , the party making the
foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has
not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else
to put in a sham bid, or to refrain from bidding. 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. All statements contained in the Bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not
pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents
that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on
[city], [state].
Name of Bidder
[date], at
Signature
Name
Title
0.6 Iran Contracting Act Certification.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to
penalty for perjury that the option checked below relating to the Contractor’s status in regard to the
Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in
Iran prepared by the California Department of General Services in accordance with
subdivision (b) of Public Contract Code Section 2203; or
(2) a financial instruction that extends, for 45 days or more, credit in the amount of
$20,000,000 or more to any other person or entity identified on the current list of
persons and entities engaging in investment activities in Iran prepared by the
California Department of General Services in accordance with subdivision (b) of
Public Contract Code Section 2203, if that person or entity uses or will use the credit
to provide goods or services in the energy sector in Iran.
The City has exempted the Contractor from the requirements of the Iran Contracting Act
of 2010 after making a public finding that, absent the exemption, the City will be unable
to obtain the goods and/or services to be provided pursuant to the Contract.
The amount of the Contract payable to the Contractor for the Project does not exceed
$1,000,000.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be
reported to the California Attorney General and may result in civil penalties equal to the greater of
$250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on
contracts for three years.
0.7 Public Works Contractor Registration Certification
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to
bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered
with the Department of Industrial Relations. See http://www.dir.cFa.gov/Public-
Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and
subcontractors’ current registration with the Department of Industrial Relations to perform public
work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code
sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of
Industrial Relations. 1
Name of Bidder:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: Yes or No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in
its contract with subcontractors and ensure that all subcontractors are registered at the
time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in
a finding that the bid is non-responsive.
Name of Bidder
Signature
Name and Title
Dated
0.8 Contractor’s Certificate Regarding Workers’ Compensation.
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code
Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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
-39- CONTRACT
CONTRACT
This CONTRACT, No. is made and entered into this day of , , by and
between City of Azusa, sometimes hereinafter called “City,” and
, sometimes hereinafter called
“Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents
do covenant and agree with each other as follows:
a. 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:
AZUSA AVENUE PAVEMENT REHABILITATION PROJECT
PHASE I (CONCRETE IMPROVEMENTS)
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.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work
shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete
all Work required by the Contract Documents within 45 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.
c. 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.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed
that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 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.
e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders Bid
Form
Bid Bond
Designation of Subcontractors
-40- CONTRACT
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contractor 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.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. 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 applicable
federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the
California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the
General Conditions.
h. 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 the City’s
Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted
at the job site.
i.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
-41- CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the
day and year above written.
CITY OF AZUSA [INSERT NAME OF CONTRACTOR]
By: Robert Gonzales By:
Mayor Its:
Printed Name:
ATTEST:
By: Jeffrey Lawrence Cornejo Jr.
City Clerk
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
-42- CONTRACT
Notary Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
-43- BOND FORMS
BOND FORMS
1.1 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
AZUSA AVENUE PAVEMENT REHABILITATION PROJECT - PHASE I (CONCRETE
IMPROVEMENTS), (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 (1) year guarantee of all materials and workmanship;
and shall indemnify and save harmless the City, its officials, officers, employees, and authorized
volunteers, 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 under the Contract, law or equity, including,
but not limited to, California Code of Civil Procedure Section 337.15.
-44- BOND FORMS
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:
i. Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
ii. 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.
iii. 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.
By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety
is an admitted surety insurer authorized to do business in the State of California.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
-45- BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
, 20 .
(Corporate Seal)
day of
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium
charges is $ .
(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)
-46- BOND FORMS
Notary Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
-47- BOND FORMS
Notary Acknowledgment
STATE OF
CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on
the document and could prevent fraudulent removal and reattachment of this form to another
document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-
of Attorney to local representatives of the bonding company must also be
attached.
END OF PERFORMANCE BOND
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
-48- BOND FORMS
1.2 Payment Bond (Labor and Materials).
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: AZUSA AVENUE PAVEMENT REHABILITATION PROJECT - PHASE I
(CONCRETE IMPROVEMENTS) (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
Civil Code Section 9100, 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 Revenue and Taxation Code Section 18663, 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 Civil Code Section 9100 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, nor by any
-49- BOND FORMS
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 Civil Code Section 9100, 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, including but not limited to the provisions of
sections 2819 and 2845 of the California Civil Code.
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety
is an admitted surety insurer authorized to do business in the State of California.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
, 20 .
(Corporate Seal)
day of
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
-50- BOND FORMS
Notary Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
-51- BOND FORMS
Notary Acknowledgment
STATE OF
CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public,
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 of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on
the document and could prevent fraudulent removal and reattachment of this form to another
document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to
local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
-52- GENERAL CONDITIONS
GENERAL CONDITIONS
ARTICLE 1. DEFINED TERMS
Whenever used in the Contract Documents and printed with initial capital letters, the terms listed
below will have the meanings indicated which are applicable to both the singular and plural thereof.
In addition to terms specifically defined below, terms with initial capital letters in the Contract
Documents include references to identified articles and paragraphs, and the titles of other
documents or forms.
A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal
wave.
B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which
clarify, correct, or change the Contract Documents.
C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the
City’s Representative determines that it is not covered by the Contract.
D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and
licenses of any kind, issued by local, state or federal governmental authorities or private
authorities with jurisdiction (including utilities), to the extent they apply to the Work.
E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices and other terms for the Work to be performed.
F. Bidder -- The individual or entity who submits a Bid directly to the City.
G. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in
the Work or an adjustment in the Contract Price or the Contract Times, issued on or after
the Effective Date of the Contract, in accordance with the Contract Documents and in the
form contained in the Contract Documents.
H. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in
the Contract Price and/or Contract Times as the result of a Contractor-claimed change
to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or
Request for Change (“RFC”).
I. City -- The City of Azusa.
J. City Council, Council -- The City Council of the City.
K. City’s Representative -- The individual or entity as identified in the Special Conditions to
act as the City’s Representative.
L. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of
Contract Price or Contract Times, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Claim.
-53- GENERAL CONDITIONS
M. Contract -- The entire integrated written agreement between the City and Contractor
concerning the Work. “Contract” may be used interchangeably with “Agreement” in the
Contract Documents. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral, and includes all Contract Documents.
N. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some
documents provided by the City to the Bidders and Contractor, including but not limited to
reports and drawings of subsurface and physical conditions are not Contract Documents.
O. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for
the performance of the Contract and completion of the Work, subject to any additions or
deductions as provided in the Contract Documents, and including all applicable taxes
and costs.
P. Contract Times -- The number of days or the dates stated in the Contract Documents to:
achieve defined Milestones, if any; and to complete the Work so that it is ready for final
payment.
Q. Contractor -- The individual or entity with which the City has contracted for performance
of the Work.
R. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On- Site
Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed
without prior written consent of the City.
S. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to
the Contractor due to the City’s unreasonable delay to the Project that was not
contemplated by the parties.
T. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
U. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform
to the Contract Documents; or that does not meet the requirements of any inspection,
reference standard, test, or approval referenced in the Contract Documents.
V. Demobilization -- The complete dismantling and removal by the Contractor of all of the
Contractor’s temporary facilities, equipment, and personnel at the Site.
W. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record
which graphically shows the scope, extent, and character of the Work to be performed
by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so
defined.
X. Effective Date of the Contract -- The date indicated in the Contract on which it becomes
effective, but if no such date is indicated, it means the date on which the Contract is
signed and delivered by the last of the two parties to sign and deliver.
Y. Engineer, whenever not qualified, shall mean the Director of Public Works / City Engineer
of the City, acting either directly or through properly authorized agents, such
-54- GENERAL CONDITIONS
agents acting severally within the scope of the particular duties entrusted to them. On all
questions concerning the acceptance of materials, machinery, the classifications of material,
the execution of work, conflicting interest of the contractors performing related work and the
determination of costs, the decision of the Engineer, duly authorized by the City Council,
shall be binding and final upon both parties.
Z. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal
entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated
by the City.
AA.Green Book -- The current edition of the Standard Specifications for Public Works
Construction.
BB.Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section
104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, 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,
whichever is more restrictive.
CC. Holiday – The Holidays occur on:
New Year’s Day - January 1
Martin Luther King – Third Monday in January
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Juneteenth – June 19
Independence Day - July 4
Labor Day - First Monday in September
Columbus Day – Second Monday in October
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Christmas Day - December 25
If the Holiday should fall on a Friday, Saturday, or Sunday, then the following Monday are
both Holidays.
DD. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, the
City will sign and deliver the Contract.
EE.Notice of Completion -- The form which may be executed by the City and recorded by the
county where the Project is located constituting final acceptance of the Project.
FF. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which
the Contractor may proceed with the Work and when Contract Times will commence to run.
GG. Project -- The total construction of which the Work to be performed under the Contract
Documents may be the whole, or a part.
-55- GENERAL CONDITIONS
HH. Recyclable Waste Materials -- Materials removed from the 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.
II. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to facilitate scheduled performance of related
construction activities.
JJ. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Contractor and submitted
by Contractor to illustrate some portion of the Work.
KK.Specifications -- That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
LL. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
MM. Subcontractor -- An individual or entity other than a Contractor having a contract with any
other entity than the City for performance of any portion of the Work at the Site.
NN. Submittal -- Written and graphic information and physical samples prepared and supplied
by the Contractor demonstrating various portions of the Work.
OO. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an
award.
PP.Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
used in the performance of the Work or to be incorporated in the Work.
QQ. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including those that convey electricity, gases, steam,
liquid petroleum products, telephone or other communications, cable television, water,
wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
RR. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the
Contractor in its bid or as adjusted in accordance with the Contract Documents.
SS.Warranty -- A written guarantee provided to the City by the Contractor that the Work will
remain free of defects and suitable for its intended use for the period required by the Contract
Documents or the longest period permitted by the law of this State, whichever is longer.
TT. Work -- The entire construction or the various separately identifiable parts thereof required
to be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce
-56- GENERAL CONDITIONS
such construction, and furnishing, installing, and incorporating all materials and
equipment into such construction, all as required 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
complementary. If the 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. Permits issued by Jurisdictional Regulatory Agencies
2. Change Orders
3. Addenda
4. Special Provisions (or Special Conditions)
5. Technical Specifications
6. Plans (Contract Drawings)
7. Contract
8. General Conditions
9. Instructions to Bidders
10. Notice Inviting Bids
11. Contractor’s Bid Forms
12. Greenbook
13. Standard Plans/Drawings
14. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings
C. Conflicts in Contract Documents. Notwithstanding the orders of precedence
established above, in the event of conflicts, the higher standard, higher quality, and most
expensive 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 Project Work among subcontractors or in establishing the extent of
Work to be performed by any trade.
ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION
Before any Work at the site is started, a conference attended by the City, Contractor, City’s
Representative, and others as appropriate will be held to establish a working understanding among
the parties as to the Work and to discuss the schedules referred to herein, procedures for
-57- GENERAL CONDITIONS
handling Shop Drawings and other submittals, processing Applications for Payment, and
maintaining required records.
At this conference the City and Contractor each shall designate, in writing, a specific individual to act
as its authorized representative with respect to the services and responsibilities under the Contract.
Such individuals shall have the authority to transmit instructions, receive information, render
decisions relative to the Contract, and otherwise act on behalf of each respective party.
ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional
copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at
the Project site.
ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK
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.
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 6. 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
-58- GENERAL CONDITIONS
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 and no additional compensation shall
be made thereof.
ARTICLE 7. 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. Unless indicated otherwise on the Plans and Specifications, no excavations were made
to verify the locations shown for underground utilities. The service connections to these
utilities are not shown on the Plans. Water service connections may be shown on the Plans
showing general locations of such connections. 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. If applicable, 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 trunk line facilities on
the plans and specifications. In the event that main or trunk line utility facilities are not
identified with reasonable accuracy in the plans and specifications made a part of the
invitation for Bids, the 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, California Underground Service Alert at 811 or 1-800-227-2600 or on-line at
www.digalert.org 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 8. SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:
1. those reports known to the City of explorations and tests of subsurface conditions at
or contiguous to the site; and
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2. those drawings known to the City of physical conditions relating to existing surface or
subsurface structures at the site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely
upon the accuracy of the “technical data” contained in such reports and drawings, which
were expressly not created or obtained to evaluate or assist in the evaluation of
constructability, and are not Contract Documents. Contractor shall make its own
interpretation of the “technical data” and shall be solely responsible for any such
interpretations. Except for reliance on the accuracy of such “technical data,”
Contractor may not rely upon or make any claim against the City, City’s Representative,
or Engineer of Record, or any of their officers, directors, members, partners, employees,
agents, consultants, or subcontractors, with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including
without limitation any aspects of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor, and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions, conclusions and information contained in such
reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any
such other data, interpretations, opinions, or information.
ARTICLE 9. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project
foreman acceptable to the City. The foreman must be able to proficiently speak, read and write in
English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall
continuously provide efficient supervision of the Project.
ARTICLE 10. 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.
ARTICLE 11. INDEPENDENT CONTRACTORS
Contractor shall be an independent contractor for the City and not an employee. Contractor
understands and agrees that it and all of its employees shall not be considered officers, employees,
or agents of City and are not entitled to benefits of any kind normally provided employees of City,
including but not limited to, state unemployment compensation or workers’ compensation.
Contractor assumes full responsibility for the acts and omissions of its employees or agents related
to the Work.
ARTICLE 12. SUBCONTRACTS
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
-60- GENERAL CONDITIONS
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 accept all subcontractors. The City’s acceptance 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 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and
restrictions of state and federal law respecting the employment of undocumented aliens, including,
but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the
same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly
authorized officer of Contractor and that any of the following shall be grounds for the City to terminate
the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or
consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or
material omission concerning compliance with such requirements; or (3) failure to immediately
remove from the Work any person found not to be in compliance with such requirements.
ARTICLE 14. REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term “substitution” shall mean the substitution of
any material, method or service substantially equal to or better in every respect to that
indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is
described in the Notice Inviting Bids that designates certain products, things, or services
by specific brand or trade name.
C. Unless specifically designated in the Special Conditions, 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 may be substantially equal to or better
in every respect to that so indicated or specified in the Contract Documents. However,
the City has adopted uniform standards for certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating data, for
substitution of any “or equal” material, process, or article no later than thirty-five
(35) calendar days after award of Contract. Provisions regarding submission of
substitution requests shall not in any way authorize an extension of time for the
performance of this Contract. If a substitution request is rejected by the City, the
Contractor shall provide the material, method or service specified herein. The City shall
not be responsible for any costs incurred by the Contractor associated with substitution
requests. The burden of proof as to the equality of any material, process, or article shall
rest with the Contractor. The Engineer has the complete and sole
-61- GENERAL CONDITIONS
discretion to determine if a material, process, or article is substantially equal to or
better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following
information:
1. A signed affidavit from the Contractor stating that the material, process, or article
proposed as a substitution is substantially equal to or better than that specified in
every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data required
to prove that the material, process, or article is substantially equal to or better than
that specified.
3. A statement of the cost implications of the substitution being requested, indicating
whether and why the proposed substitution will reduce or increase the amount of the
contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely manner so
that the substitution request can be adequately reviewed may result in rejection of the
substitution request. The Engineer is not obligated to review multiple submittals related
the same substitution request resulting from the Contractor’s failure to initially submit a
complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will an
extension of time for completion of the contract be granted because of Contractor’s failure
to provide substitution requests at the time and in the manner described herein.
H. The Contractor shall bear the costs of all City work associated with the review of
substitution requests.
I. If substitution requests approved by the Engineer require that Contractor furnish
materials, methods or services more expensive than that specified, the increased costs
shall be borne by Contractor.
ARTICLE 15. 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 its own Work or
in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all
shop drawings, calculations, schedules, and materials list, and all other provisions
required by the Contract Documents. 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
transmittal letter 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
-62- GENERAL CONDITIONS
needed for completion of the Work. Engineer’s acceptance 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 acceptance. Engineer’s acceptance of
shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.
ARTICLE 16. 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 Contract Documents. 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 17. MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide
and pay for all materials, labor, tools, equipment, 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.
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F. Contractor shall verify all measurements, dimensions, elevations, and quantities before
ordering any materials or performing any Work, and the City shall not be liable for
Contractor’s failure to so. No additional compensation, over and above payment for the
actual quantities at the prices set out in the Bid Form, will be allowed because of differences
between actual measurements, dimension, elevations and quantities and those indicated
on the Plans and in the Specifications. Any difference therein shall be submitted to the
Engineer for consideration before proceeding with the Work.
ARTICLE 18. PERMITS AND LICENSES
A. City will apply and pay for the review of necessary encroachment permits for Work within
the public rights-of-way. Contractor shall obtain all other necessary permits and licenses for
the construction of the Project, including encroachment permits, and shall pay all fees
required by law and shall comply with all laws, ordinances, rules and regulations relating to
the Work and to the preservation of public health and safety. Before acceptance of the
Project, the Contractor shall submit all licenses, permits, certificates of inspection and
required approvals to the City.
B. The Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control
permits and for construction inspection fees that may be charged to the Contractor by the
Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need
by bidders to research or estimate the costs of traffic control permits and construction
inspection fees prior to submitting a bid. The allowance is specifically intended to account
for the costs of traffic control permits and construction inspection fees charged by the local
Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of
Jurisdiction are included within the allowance. Payment by City to Contractor under the
Permit and Inspection Allowance Bid Item shall be made based on actual cost receipts only
and in accordance with the provisions of these specifications.
ARTICLE 19. TRENCHES
A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the
preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or
other provisions to be made for worker protection from hazards of caving ground during the
excavation of any trench or trenches five feet or more in depth. If such plan varies from
shoring system standards established by the Construction Safety Orders of the California
Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a
California 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. The Contractor shall designate in writing the
“competent person” as defined in Title 8, California Code of Regulations, who shall be
present at the Work Site each day that trenching/excavation is in progress. The “competent
person” shall prepare and provide daily trenching/excavation inspection reports to the
Engineer. Contractor shall also submit a copy of its annual California Occupational Safety
and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other
excavations that extend deeper than four feet below the surface, Contractor shall
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promptly, and before the excavation is further disturbed, notify the City in writing of any of
the following conditions:
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.
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 20. TRAFFIC CONTROL
A. Traffic control plan(s) for the Work may be required by the Agency(s) of Jurisdiction.
Traffic control plans, if required, shall be prepared at Contractor’s expense, and traffic
control shall be performed at Contractor’s expense in accordance with the requirements
of the Agency(s) of Jurisdiction. The Permit and Inspection Allowance included within the
Bid Form includes the cost of required traffic control permit(s) and construction inspection
by the Agency(s) of Jurisdiction only. The Permit and Inspection Allowance does not
include costs for preparation of any required traffic control plans, implementation of any
traffic control requirements or for any traffic signal services that may be required. Costs
for traffic control plans, implementation of traffic control, or traffic signal services required
by the Agency(s) of Jurisdiction shall be included in the Contractor’s Bid.
B. All warning signs and safety devices used by the Contractor to perform the Work shall
conform to the requirements contained in the State of California, Department of
Transportation’s current edition of “Manual of Traffic Controls for Construction and
Maintenance Work Zones” or to the requirements of the local agency. The Contractor
shall also be responsible for all traffic control required by the agency having jurisdiction
over the project on the intersecting streets. Contractor must submit a traffic control plan
to the agency having jurisdiction over the project for approval prior to starting work.
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C. The Contractor’s representative on the site responsible for traffic control shall produce
evidence that he/she has completed training acceptable to the California Department of
Transportation for safety through construction zones. All of the streets in which the Work
will occur shall remain open to traffic and one lane of traffic maintained at all times unless
otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to
the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The
Contractor shall make every effort to minimize the amount of public parking temporarily
eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other
material will be allowed in traveled right-of- ways after working hours unless otherwise
approved by the Engineer.
ARTICLE 21. 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 as required for compliance with the
local jurisdiction’s waste diversion ordinances. 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 22. 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 23. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of
all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and
local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and
shall have workable door fasteners. Toilets and hand washing facilities 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 regulations. The toilets and hand washing facilities shall be maintained in a sanitary
condition at all times. Use of toilet and hand washing 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 24. 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.
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ARTICLE 25. 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.
ARTICLE 26. TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public
authority requires 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
greater than sixty (60) miles from the 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 occurs 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
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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 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.
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. 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 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 30. HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the
Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s
work. The time of service of any worker employed at any time by the Contractor or by any
subcontractor on any subcontract under this Contract upon the Work or upon any part of
the Work contemplated by this Contract is limited and restricted to eight (8) hours during
any one calendar day and 40 hours during any one calendar week, except as hereinafter
provided. Notwithstanding the provisions herein above set forth, work performed by
employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one
week, shall be permitted upon this public work upon compensation for all hours worked in
excess of eight (8) hours per day at not less than one and one-half times the basic rate of
pay.
B. The Contractor and every subcontractor shall keep an accurate record showing the name
of and actual hours worked each calendar day and each calendar week by each worker
employed in connection with the Work or any part of the Work contemplated by this
Contract. The record shall be kept open at all reasonable hours to the inspection of the City
and to the Division of Labor Law Enforcement, Department of Industrial Relations of the
State of California.
C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker
employed in the execution of this Contract by the Contractor or by any subcontractor for
each calendar day during which such worker is required or permitted to work more than eight
(8) hours in any calendar day and 40 hours in any one calendar
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week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1,
Part 7, Division 2 of the Labor Code.
D. Any work necessary to be performed after regular working hours, or on Saturdays and
Sundays or other holidays, shall be performed without additional expense to the City.
E. City will provide inspection during normal working hours from 7:00 a.m. to 4:00 p.m. Monday
through Thursday, and 7:00 am – 12:00 pm on Friday. Inspection before or after this time
will be charged to the Contractor as reimbursable inspection time. Inspections on weekends
requires two days’ notice for review and approval. Upon written request and approval, the
8 hour working day may be changed to other limits subject to city/county ordinance.
F. 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 4:00 p.m., Monday
through Friday, with no Work allowed on the City-observed holidays, unless otherwise
approved by the City:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools
ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain
weekly certified payroll records, showing the names, addresses, Social Security numbers,
work classifications, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by them in connection with the Work under this Contract. 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. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall
furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”)
on the specified interval and format prescribed by the DIR, which may include electronic
submission. Contractor shall comply with all requirements and regulations from the DIR
relating to labor compliance monitoring and enforcement. The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant
to the small project exemption specified in Labor Code Section 1771.4.
C. Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Work, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders
shall be considered Contractor caused delay subject to any applicable liquidated damages
and shall not be compensable by the City. Contractor
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shall defend, indemnify and hold the City, its officials, officers, employees and agents free
and harmless from any claim or liability arising out of stop orders issued by the Department
of Industrial Relations against Contractor or any subcontractor.
D. 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 DIR.
E. Unless submitted electronically, 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.
F. Any copy of records made available for inspection as copies and furnished upon request to
the public or any public agency, the City, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or obliterated in such a manner
as to prevent disclosure of an individual's name, address and social security number. The
name and address of the Contractor awarded the Contract or performing the contract shall
not be marked or obliterated.
G. In the event of noncompliance with the requirements of this Article, the Contractor shall have
ten (10) calendar days in which to comply subsequent to receipt of written notice specifying
in what respects the Contractor must comply with this Article. Should noncompliance still
be evident after such 10-day period, the Contractor shall pay a penalty of one hundred
dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until
strict compliance is effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld
from progress payment then due.
H. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 32. 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 Contract from the website of the Division of Labor Statistics and
Research of the Department of Industrial Relations located at www.dir.ca.gov. In the
alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are
on file at the City’s Administration Office and shall be made available to interested parties
upon request. Contractor shall make copies of the prevailing rates
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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 officials, officers, employees and authorized volunteers 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 shall forfeit as a penalty to the City not more than Two Hundred Dollars
($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof,
for each worker paid less than the prevailing wage rate as determined by the Director of the
Department of Industrial Relations for such work or craft in which such worker is employed
for any public work done under the Contract by it or by any subcontractor under it. The
difference between such 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 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 33. PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be
registered with the Department of Industrial Relations prior to the execution of a contract to perform
public works. By entering into this Contract, Contractor represents that it is aware of the registration
requirement and is currently registered with the DIR. Contractor shall maintain a current registration
for the duration of the Project. Contractor shall further include the requirements of Labor Code sections
1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this
Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Sections 1725.5 and 1771.1.
ARTICLE 34. EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code
sections 1777.5 and 1777.6 in the employment of apprentices.
B. Information relative to apprenticeship standards, wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards
and its branch offices.
C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one
hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code
section 1777.7.
D. The responsibility for compliance with this Article shall rest upon the Contractor.
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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, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on
this Project. The Contractor will take affirmative action to insure that employees are treated during
employment or training without regard to their race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or
any other classifications protected by law.
Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies
with all requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986,
as may be amended from time to time. Such requirements and restrictions include, but are not limited
to, examination and retention of documentation confirming the identity and immigration status of each
employee of the Contractor. Contractor also verifies that it has not committed a violation of any such
law within the five (5) years immediately preceding the date of execution of this Contract, and shall not
violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of
any such law during the term of this Contract by participating in an electronic verification of work
authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some other
legally acceptable method. Contractor shall maintain records of each such verification, and shall make
them available to the City or its representatives for inspection and copy at any time during normal
business hours. The City shall not be responsible for any costs or expenses related to Contractor’s
compliance with the requirements provided for or referred to herein.
Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and
under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-
subcontractors and consultants performing any part of the Work or of this Contract to make the same
verifications and comply with all requirements and restrictions provided for herein.
Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor
verifies that he or she is a duly authorized officer of Contractor, and understands that any of the
following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its
subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein;
(2) any misrepresentation or material omission concerning compliance with such requirements; or (3)
failure to immediately remove from the Work any person found not to be in compliance with such
requirements.
ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
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 Labor Code section 1777.1 or 1777.7.
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, or may have been
paid to a debarred subcontractor by a contractor on the
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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.
ARTICLE 37. LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local
government, including Cal/OSHA requirements and requirements for verification of employees’ legal
right to work in the United States.
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. The
Contractor shall ensure the availability of emergency medical services for its employees in accordance
with California Code of Regulations, Title 8, Section 1512.
The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety
program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined
space program that meets or exceeds the City Standards. Contractor shall adhere to the City’s lock
out tag out program.
ARTICLE 38. INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of
the insurance described in this Article. Contractor shall not commence Work under this Contract until
it has provided evidence satisfactory to the City that it has secured all insurance required hereunder.
Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required under this
Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate
this Contract for cause. Contractor shall furnish City with original certificates of insurance and
endorsements effective coverage required by this Contract on forms satisfactory to the City. The
certificates and endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and
endorsements must be received and approved by the City before Work commences.
A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees,
agents and authorized volunteers shall be named as Additional Insureds on Contractor’s
All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General
Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial
General Liability insurance, ISO CG forms 20
10 and 20 37 (or endorsements providing the exact same coverage, including completed
operations), and, for subcontractors’ policies of Commercial General Liability insurance,
ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding
the minimum limits set forth in this Contract for any type of insurance coverage, all available
insurance proceeds in excess of the specified minimum limits of coverage shall be available
to the parties required to be named as Additional Insureds hereunder. Contractor and its
insurance carriers shall provide a Waiver of Subrogation in favor of those parties.
B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation
insurance for all of the employees engaged in Work under this Contract,
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on or at the Site, and, in case of any 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 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.
C. Employer’s Liability Insurance. Contractor shall provide 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.
D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form
Commercial General Liability insurance coverage at least as broad as the most current
ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability,
products/completed operations, personal and advertising injury which may arise from or
out of Contractor’s operations, use, and management of the Site, or the performance of
its obligations hereunder. The policy shall not contain any exclusion contrary to this
Contract including but not limited to endorsements or provisions limiting coverage for (1)
contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-
liability for claims or suits against one insured against another. 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.
Defense costs shall be paid in addition to the limits.
1. 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.
2. All general liability policies provided pursuant to the provisions of this Article shall
comply with the provisions of the Contract Documents.
3. 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,
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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.
4. 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.
5. All policies of general liability insurance shall permit and Contractor does hereby waive
any right of subrogation which any insurer of Contractor may acquire from Contractor by
virtue of the payment of any loss.
E. Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile
Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least,
one million dollars ($1,000,000) per accident for bodily injury and property damage. Such
insurance shall provide coverage with respect to the ownership, operation, maintenance,
use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for
which Contractor is responsible, in a form and with insurance companies acceptable to the
City. All policies of automobile insurance shall permit and Contractor does hereby waive any
right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of
the payment of any loss.
F. Builder’s Risk [“All Risk”]
1. 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 that are or will become part of the Work 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 for the Work until the Work is
formally accepted by the City. The Contractor shall provide a certificate evidencing this
coverage before commencing performance of the Work.
2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those
solely responsible for design work), suppliers, and City, its elected officials, officers,
employees, agents and authorized volunteers, as their interests may appear. Contractor
shall not be required to maintain property insurance for any portion of the Work following
acceptance by City.
3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no
coinsurance penalty provision in any such policy. Policy must include: (1) coverage for
any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency
in design or specifications; (2) coverage against machinery
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accidents and operational testing; (3) coverage for removal of debris, and insuring the
buildings, structures, machinery, equipment, materials, facilities, fixtures and all other
properties constituting a part of the Project; (4) transit coverage, including ocean
marine coverage (unless insured by the supplier), with sub-limits sufficient to insure
the full replacement value of any key equipment item; and (5) coverage with sub-
limits sufficient to insure the full replacement value of any property or equipment
stored either on or off the Site. Such insurance shall be on a form acceptable to City
to ensure adequacy and sublimit.
4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any
extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit.
c. Coverage shall include Contractor’s tools and equipment.
d. Insurance shall include boiler, machinery and material hoist coverage.
G. [***FOR WORK INVOLVING ENVIRONMENTAL HAZARDS***] Contractor’s Pollution
Liability Coverage. Contractor shall provide pollution liability insurance in an amount
not less than $1,000,000 per occurrence and $2,000,000 aggregate.
H. Contractor shall require all tiers of sub-contractors working under this Contract to provide
the insurance required under this Article unless otherwise agreed to in writing by City.
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.
ARTICLE 39. 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’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not
less than an A:VII. Insurance deductibles or self-insured retentions must be declared by
the Contractor. 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. If umbrella or excess liability coverage is used to meet any required
limit(s) specified herein, the Contractor shall provide a “follow form” endorsement
satisfactory to the City indicating that such coverage is subject to the same terms and
conditions as the underlying liability policy.
B. Each insurance policy required by this Contract shall be endorsed to state that: (1)
coverage shall not be suspended, voided, reduced or cancelled except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to the
City; and (2) any failure to comply with reporting or other provisions of the policies,
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including breaches of warranties, shall not affect coverage provided to the City, its
officials, officers, agents, employees, and volunteers.
C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain
the covenant of the insurance carrier(s) that it 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 the Contract or stop the Work in accordance with 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 coverage’s set forth herein and the insurance required herein is in full force
and effect. Contractor shall not take possession, or use the Site, or commence operations
under this Contract 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 Article. 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.
D. The Certificate(s) of Insurance, policies and endorsements 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.
E. City reserves the right to adjust the monetary limits of insurance coverages 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.
F. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all
insurance claims submitted by the Contractor in connection with the Work under this
Contract.
ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of
the Work. Work shall be commenced within ten (10) Days of 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 the Contract for each
calendar day of delay until the Work is fully completed. Contractor and its surety shall
be liable for any liquidated
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damages. Any money due or to become due the Contractor may be retained to cover
liquidated damages.
B. Inclement Weather. Contractor shall abide by 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 41. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
A. Within ten (10) Days of Notice to Proceed with the Contract, a detailed estimate giving a
complete breakdown of the Contract price, if the Contract amount is a lump sum.
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.
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.
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Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates
accurately reflect the Work on the Project.
ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to
Engineer a payment request which shall set forth in detail the value of the Work done for
the period beginning with the date work was first commenced and ending on the end of
the calendar month for which the payment request is prepared. Contractor shall include
any amount earned for authorized extra work. From the total thus computed, a deduction
shall be made in the amount of five percent (5%) for retention, except where the City has
adopted a finding that the Work done under the Contract is substantially complex, and
then the amount withheld as retention shall be the percentage specified in the Notice
Inviting Bids. From the remainder a further deduction may be made in accordance with
Section B below. The amount computed, less the amount withheld for retention and any
amounts withheld as set forth below, shall be the amount of the Contractor’s payment
request.
B. The City may withhold a sufficient amount or amounts of any payment or payments
otherwise due to Contractor, as in his judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against Contractor or
any subcontractors for labor or materials furnished in and about the performance of
work on the Project under this Contract.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to his subcontractor or for material or
labor.
4. Completion of the Contract if there is a reasonable doubt that the Work can be
completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the City for claims against Contractor.
7. Failure of Contractor to keep the record (“as-built”) drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
C. The City may apply such withheld amount or amounts to payment of such claims or
obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this
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Article, which must be retained or applied in accordance with applicable law. In so doing,
the City shall be deemed the agent of Contractor and any payment so made by the City shall
be considered as a payment made under contract by the City to Contractor and the City
shall not be liable to Contractor for such payments made in good faith. Such payments may
be made without prior judicial determination of claim or obligations. The City will render
Contractor a proper accounting of such funds disbursed on behalf of Contractor.
D. Upon receipt, the Engineer shall review the payment request to determine whether it is
undisputed and suitable for payment. If the payment request is determined to be unsuitable
for payment, it shall be returned to Contractor as soon as practicable but not later than
seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons
why the payment request is not proper. The City shall make the progress payment within 30
calendar days after the receipt of an undisputed and properly submitted payment request
from Contractor, provided that a release of liens and claims has been received from the
Contractor pursuant to Civil Code section 8132. The number of days available to the City to
make a payment without incurring interest pursuant to this paragraph shall be reduced by
the number of days by which the Engineer exceeds the seven (7) Day requirement.
E. A payment request shall be considered properly executed if funds are available for payment
of the payment request and payment is not delayed due to an audit inquiry by the financial
officer of the City.
ARTICLE 43. SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may
request the City to make retention payments directly to an escrow agent or may substitute securities
for any money withheld by the City to ensure performance under the contract. At the request and
expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or
with a state or federally chartered bank as the escrow agent who shall return such securities to
Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent
shall be subject to a written agreement substantially in the form provided in section 22300 of the Public
Contract Code.
ARTICLE 44. CHANGES AND EXTRA WORK.
A. Contract Change Orders.
1. The City, without invalidating the Contract, may order changes in the Work consisting
of additions, deletions or other revisions, and the Contract Price and Contract Time shall
be adjusted accordingly. Except as otherwise provided herein, 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
Price 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. Contractor shall promptly execute changes in the Work as directed in writing by the City
even when the parties have not reached agreement on whether the
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change increases the scope of Work or affects the Contract Price or Contract Time. All
claims for additional compensation to the Contractor shall be presented in writing. No
claim will be considered after the Work in question has been done unless a written
Change Order has been issued or a timely written notice of claim has been made by
Contractor.
3. Whenever any change is made as provided for herein, such change shall be
considered and treated as though originally included in the Contract, and shall be
subject to all terms, conditions, and provisions of the original Contract.
4. 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.
5. 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 Additional Work, promptly and expeditiously.
6. Contractor shall make available to the City any of the Contractor’s documents related
to the Project immediately upon request of the City, as set forth in Article 52.
7. Any alterations, extensions of time, Additional Work, or any other changes may be
made without securing consent of the Contractor’s surety or sureties.
B. Contract Price Change.
1. Process for Determining Adjustments in Contract Price.
a. Owner Initiated Change. The Contractor must submit a complete cost proposal,
including any change in the Contract Price or Contract Time, within seven (7)
Days after receipt of a scope of a proposed change order initiated by the City,
unless the City requests that proposals be submitted in less than seven (7) Days.
b. 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.
c. Whenever possible, any changes to the Contract amount shall be in a lump sum
mutually agreed to by the Contractor and the City.
d. Price quotations from the Contractor shall be accompanied by sufficiently detailed
supporting documentation to permit verification by the City, including but not
limited to estimates and quotations from subcontractors or material suppliers, as
the City may reasonably request. Contractor shall certify the accuracy of all
Change Order Requests under penalty of perjury.
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e. If the Contractor fails to submit a complete 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 time and materials basis and/or issue a lump
sum change to the Contract Price and/or Contract Time in accordance with the City’s
estimate. If the change is issued based on the City's 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.
2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item varies from the Bid Form, compensation
for the change in quantity will be calculated by multiplying the actual quantity by the
Unit Price. This calculation may result in either an additive or deductive Final Change
Order pursuant to the Contract Documents.
b. No Mark up for Overhead and Profit. Because the Contract Unit Prices provided in
the Bid Form include Overhead and Profit as determined by Contractor at the time of
Bid submission, no mark up or deduction for Overhead and Profit will be included in
Unit Price Change Orders.
c. Bid items included on the Bid Form may be deducted from the Work in their entirety
without any negotiated extra costs.
d. Contractor acknowledges that unit quantities are estimates and agrees that the
estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual
unit quantities which may result in an adjustment to the Contract Unit Prices. Such an
adjustment will be made by execution of a final additive or deductive Change Order
following Contractor’s completion of the Work. Upon notification, Contractor’s failure
to respond within seven (7) Days will result in City’s issuance of a unit quantity
adjustment to the Contract Unit Prices and/or Contract Time in accordance with the
Contract Documents.
e. The City or Contractor may make a Claim for an adjustment in the Unit Price in
accordance with the Contract Documents if:
i. the quantity of any item of Unit Price Work performed by Contractor differs by
twenty-five percent (25%) or more from the estimated quantity of such item
indicated in the Contract; and
ii. there is no corresponding adjustment with respect to any other item of Work; and
iii. Contractor believes that Contractor is entitled to an increase in Unit Price as a
result of having incurred additional expense or the City believes that the City is
entitled to a decrease in Unit Price and the parties are unable to agree as to the
amount of any such increase or decrease..
3. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall be limited
to expenditures necessitated specifically by the Additional Work, and shall be segregated
as follows:
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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 Additional 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 Additional
Work cost will not be permitted unless the Contractor establishes the necessity for
such new classifications. 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 costs shall be based 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 City shall determine the materials cost, at its
sole discretion.
c. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a
replacement value of $1,000 or less, shall be considered included in the Overhead
and Profit mark-ups established below. 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.
4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs reasonably and
necessarily incurred and paid by Contractor for labor, materials, and equipment in the
proper performance of Additional Work. Except as otherwise may be agreed to in
writing by the City, such costs shall be in amounts no higher than those prevailing in
the locality of the Project, and shall include only the following items.
b. Timely and Final Documentation.
i. T&M Daily Sheets. Contractor must submit timesheets, materials invoices,
records of equipment hours, and records of rental equipment hours to the City’s
Representative for an approval signature each day Additional Work is performed.
Failure to get the City’s Representative’s approval signature each Day shall result
in a waiver of Contractor’s right to claim these costs. The City’s Representative’s
signature on time sheets only serves as verification that the Work was performed
and is not indicative of City’s agreement to Contractor’s entitlement to the cost.
ii. T&M Daily Summary Sheets. All documentation of incurred costs (“T&M Daily
Summary Sheets”) shall be submitted by Contractor within three (3) Days of
incurring the cost for labor, material, equipment, and special services as
Additional Work is performed. Contractor’s actual costs shall be presented in a
summary table in an electronic spreadsheet file by labor, material, equipment,
and special services. Each T&M Daily Summary
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Sheet shall include Contractor’s actual costs incurred for the Additional Work
performed that day and a cumulative total of Contractor’s actual costs incurred for
the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet
showing a total cost summary within three (3) Days but within five (5) Days of
performance of the Work will result in the Contractor’s otherwise allowable
overhead and profit being reduced by 50% for that portion of Additional Work
which was not documented in a timely manner. Contractor’s failure to submit the
T&M Daily Summary Sheet within five (5) Days of performance of the Work will
result in a total waiver of Contractor’s right to claim these costs.
iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost
Summary Sheet, which shall include total actual costs, within seven (7) Days
following completion of City approved Additional Work. Contractor’s total actual
cost shall be presented in a summary table in an electronic spreadsheet file by
labor, material, equipment, and special services. Contractor’s failure to submit the
T&M Total Cost Summary Sheet within seven (7) Days of completion of the
Additional Work will result in Contractor’s waiver for any reimbursement of any
costs associated with the T&M Summary Sheets or the performance of the
Additional Work.
c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual
and direct performance of the Work. The cost of labor will be the sum of the actual
wages paid (which shall include any employer payments to or on behalf of the workers
for health and welfare, pension, vacation, and similar purposes) substantiated by
timesheets and certified payroll for wages prevailing for each craft or type of workers
performing the Additional Work at the time the Additional Work is done, and the labor
surcharge set forth in the Department of Transportation publication entitled Labor
Surcharge and Equipment Rental Rates, which is in effect on the date upon which the
Work is accomplished and which is a part of the Contract. The labor surcharge shall
constitute full compensation for all payments imposed by Federal, State, or local laws
and for all other payments made to, or on behalf of, the workers, other than actual
wages.
i. Equipment Operator Exception. Labor costs for equipment operators and helpers
shall be paid only when such costs are not included in the invoice for equipment
rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of
their assigned work and only that applicable to the Additional Work shall be paid.
Indirect labor costs, including, without limitation, the superintendent, project
manager, and other labor identified in the Contract Documents will be considered
Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or lowest current
price at which materials are locally available and delivered to the Project site in the
quantities involved, plus the cost of sales tax, freight, delivery, and storage.
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i. Trade discounts available to the purchaser shall be credited to the City
notwithstanding the fact that such discounts may not have been taken by
Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the
purchaser, the cost shall be deemed to be the price paid to the actual supplier as
determined by the City’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall
not exceed the price paid by the purchaser for similar materials from said sources
on Additional Work items or the current wholesale price for such materials
delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the City’s Representative, the cost of materials is excessive,
or Contractor does not furnish satisfactory evidence of the cost of such materials,
then the cost shall be deemed to be the lowest current wholesale price for the total
quantity concerned delivered to the Project site less trade discounts.
v. The City reserves the right to furnish materials for the Additional Work and no
Claim shall be allowed by Contractor for costs of such materials or Indirect Costs
or profit on City furnished materials.
e. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project site shall be
the time the equipment is in productive operation on the Additional Work being
performed and, in addition, shall include the time required to move the equipment
to the location of the Additional Work and return it to the original location or to
another location requiring no more time than that required to return it to its original
location; except that moving time will not be paid if the equipment is used on other
than the Additional Work, even though located at the site of the Additional Work.
(a) Rental Time Not Allowed. Rental time will not be allowed while
equipment is inoperative due to breakdowns.
(b) Computation Method. The following shall be used in computing the rental
time of equipment on the Project site.
(i) When hourly rates are paid, any part of an hour less than 30 minutes of
operation shall be considered to be 1/2-hour of operation, and any part of
an hour in excess of 30 minutes will be considered one hour of operation.
(ii) When daily rates are paid, any part of a day less than 4 hours operation
shall be considered to be 1/2-day of operation, and any part of an hour in
excess of 4 hours will be considered one day of operation.
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ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i)
the actual rental rate, or (ii) the rental rate listed for that equipment in the California
Department of Transportation publication entitled Labor Surcharge and
Equipment Rental Rates, which is in effect on the date upon which the Contract
was executed. Such rental rates will be used to compute payments for equipment
whether the equipment is under Contractor’s control through direct ownership,
leasing, renting, or another method of acquisition. The rental rate to be applied
for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting
in the least total cost to the City for the total period of use. If it is deemed
necessary by Contractor to use equipment not listed in the publication, an equitable
rental rate for the equipment will be established by the City’s Representative.
Contractor may furnish cost data which might assist the City’s Representative in
the establishment of the rental rate.
iii. Contractor-Owned Equipment.
(a) For Contractor-owned equipment, the allowed equipment rental rate will be
limited to the monthly equipment rental rate using a utilization rate of 173
hours per month.
(b) For Contractor-owned equipment, the rental time to be paid for equipment
on the Site shall be the time the equipment is in productive operation, unless,
in the instance of standby time, the equipment could be actively used by
Contractor on another project, then City shall pay for the entirety of the time
the equipment is on Site. It shall be Contractor’s burden to demonstrate to
the City that the equipment could be actively used on another project.
iv. All equipment shall, in the opinion of the City’s Representative, be in good working
condition and suitable for the purpose for which the equipment is to be used.
v. Before construction equipment is used on the Additional Work, Contractor shall
plainly stencil or stamp an identifying number thereon at a conspicuous location,
and shall furnish to the City’s Representative, in duplicate, a description of the
equipment and its identifying number and the scheduled Additional Work activities
planned.
vi. Unless otherwise specified, manufacturer’s rating and manufacturer approved
modifications shall be used to classify equipment for the determination of
applicable rental rates. Equipment which has no direct power unit shall be
powered by a unit of at least the minimum rating recommended by the
manufacturer.
f. Special Services. Special work or services are defined as that Additional Work
characterized by extraordinary complexity, sophistication, or innovation or a
combination of the foregoing attributes which are unique to the construction industry.
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i. Invoices for Special Services. When the City’s Representative and Contractor
determine that a special service is required which cannot be performed by the
forces of Contractor or those of any of its Subcontractors, the special service may
be performed by an entity especially skilled in the Additional Work. Invoices for
special services based upon the current fair market value thereof may be
accepted without complete itemization of labor, material, and equipment rental
costs, after validation of market values by the City’s Representative.
ii. Discount and Allowance. All invoices for special services will be adjusted by
deducting all trade discounts offered or available, whether the discounts were
taken or not. In lieu of Overhead and Profit specified herein, a total allowance not
to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices
for Special Services.
iii. When the City determines, in its sole discretion, that competitive bidding is
necessary for certain special services, Contractor shall solicit competitive bids for
those special services.
g. Excluded Costs. The term Time and Material shall not include any of the following
costs or any other home or field office overhead costs, all of which are to be
considered administrative costs covered by Contractor’s allowance for Overhead and
Profit.
i. Overhead Cost. Payroll costs and other compensation of Contractor’s officers,
executives, principals, general managers, engineers, architects, estimators,
attorneys, auditors, accountants, purchasing and contracting agents,
timekeepers, clerks, and other personnel employed by Contractor whether at the
Site or in Contractor’s principal office or any branch office, material yard, or shop
for general administration of the Additional Work;
ii. Office Expenses. Expenses of Contractor’s principal and branch offices;
iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on
Contractor’s capital employed for the Additional Work and charges against
Contractor for delinquent payments;
iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or
Supplier, or anyone directly or indirectly employed by any of them or for whose
acts any of them may be liable, including without limitation the correction of
Defective Work, disposal of materials or equipment wrongly supplied, and making
good any damage to property;
v. Other. Other overhead or general expense costs of any kind and the cost of any
item not specifically and expressly included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the
property of Contractor;
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vii. Administrative Costs. Costs associated with the preparation of Change Orders
(whether or not ultimately authorized), cost estimates, or the preparation or filing
of Claims;
viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost
profits or lost revenues, lost income or earnings, lost interest on earnings, or
unpaid retention;
ix. Home Office Overhead. Costs derived from the computation of a “home office
overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or
other similar methods;
x. Special Consultants and Attorneys. Costs of special consultants or attorneys,
whether or not in the direct employ of Contractor, employed for services
specifically related to the resolution of a Claim, dispute, or other matter arising out
of or relating to the performance of the Additional Work.
h. 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. Contractor shall provide City with documentation of
the costs, including, but not limited to, payroll records, invoices, and such other
information as City may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and
profit shall not exceed fifteen percent (15%) 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 percent (15%) of the subcontractor’s Net Cost of the Work
to which the Contractor may add five percent (5%) 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 percent (15%) of the sub-subcontractor’s Net Cost
for Work to which the subcontractor and general contractor may each add an
additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. 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
percent (25%) of the Net Cost as defined herein, of the party that performs the
Work.
5. All of the following costs are included in the markups for overhead and profit described
above, and Contractor shall not receive any additional compensation
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for: Submittals, drawings, field drawings, Shop Drawings, including submissions of
drawings; field inspection; General Superintendence; General administration and
preparation of cost proposals, schedule analysis, Change Orders, and other supporting
documentation; computer services; reproduction services; Salaries of project engineer,
superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small
tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones,
High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing,
Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for
work otherwise included in the Contract Documents; Surveying; Estimating; Protection of
Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related
Warranties; insurance and bond premiums.
6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City
the subcontractor’s signed detailed record of the cost of labor, material and equipment,
including the subcontractor markup for overhead and profit. The same requirement shall
apply to sub-subcontractors
7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish
to the City a detailed record of the cost to the Contractor, signed by such vendor or
supplier.
8. 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 increase in the Contract Price; overhead
and profit allowances shall not be applied if the net total cost is a deduction to the Contract
Price. The estimated cost of deductions shall be based on labor and material prices on
the date the Contract was executed.
9. 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.
10. 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, and providing such supporting documentation for its position as the City
may require.
C. Change of Contract Times.
1. The Contract Times may only be changed by a Change Order.
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2. All changes in the Contract Price and/or adjustments to the Contract Times related to each
change shall be included in Contractor’s COR pursuant to this Article. No cost or time will
be allowed for cumulative effects of multiple changes. All Change Orders must state that
the Contract Time is not changed or is either increased or decreased by a specific number
of days. Failure to include a change to time shall waive any change to the time unless
the parties mutually agree in writing to postpone a determination of the change to time
resulting from the Change Order.
3. Notice of the amount of the request for adjustment in the Contract Times with supporting
data shall be delivered within seven (7) Days after such start of occurrence, unless City’s
Representative allows an additional period of time to ascertain more accurate data in
support of the request. No extension of time or additional compensation shall be given
for a delay if the Contractor failed to give notice in the manner and within the time
prescribed.
4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without
Contractor’s request, because of delays or other factors.
5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the exclusive
use or benefit of either the City or the Contractor.
b. Contractor shall not be entitled to compensation, and City will not compensate
Contractor, for delays which impact early completion. Any difference in time between
the Contractor’s early completion and the Contract Time shall be considered a part
of the Project float.
6. Contractor’s entitlement to an extension of the Contract Times is limited to a City- caused
extension of the critical path, reduced by the Contractor’s concurrent delays, and
established by a proper time impact analysis. No time extension shall be allowed unless,
and then only to the extent that, the City-caused delay extends the critical path beyond
the previously approved Contract Time. If approved, the increase in time required to
complete the Work shall be added to the Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract
Times for delays within the control of Contractor. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be delays within the control
of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood,
epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts
or failures to act of utility owners not under the control of City, or other causes not the
fault of and beyond control of City and Contractor, then Contractor shall be entitled to
a time extension when the Work stopped is on the critical path. Such a non-
compensable adjustment shall be Contractor’s sole and exclusive remedy for such
delays. Contractor must submit a timely request in accordance with the requirements
of this Article.
c. Utility-Related Delays.
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i. Contractor shall immediately notify in writing the utility owner and City’s
Representative of its construction schedule and any subsequent changes in the
construction schedule which will affect the time available for protection, removal,
or relocation of utilities. Requests for extensions of time arising out of utility
relocation or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays
attributable to utility relocations or alterations if correctly located, as noted in the
Contract Documents or by the Underground Service Alert survey.
7. Content for Requests for Contract Extension. Contractor’s justification for entitlement
shall be clear and complete citing specific Contract Document references and reasons on
which Contractor’s entitlement is based. At a minimum, each request for a time extension
must include:
a. Each request for an extension of Contract Time must identify the impacting event, in
narrative form, providing a description of the delay event and sufficient justification as
to why the Contractor is entitled to a time extension. Contractor must demonstrate that
the delay arises from unforeseeable causes beyond the control and without the fault
or negligence of both Contractor and any Subcontractors or Suppliers, or any other
persons or organizations employed by any of them or for whose acts any of them
may be liable, and that such causes in fact lead to performance or completion of the
Work, or specified part in question, beyond the corresponding Contract Times,
despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impact analysis
in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis
to calculate the impact of the delay event.
8. No Damages for Reasonable Delay.
a. City’s liability to Contractor for delays for which City is responsible shall be limited to
only an extension of time unless such delays were unreasonable under the
circumstances. In no case shall 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.
b. Damages caused by unreasonable City delay that impact the critical path, including
delays caused by items that are the responsibility of the City pursuant to Government
Code section 4215, shall be compensated at the Daily Rate established in the Special
Conditions. No other calculations, proportions or formulas shall be used to calculate
any delay damages.
c. City and City’s Representative, and the officers, members, partners, employees,
agents, consultants, or subcontractors of each of them, shall not be liable to
Contractor for any claims, costs, losses, or damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs)
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sustained by Contractor on or in connection with any other project or anticipated
project.
9. Contractor’s failure, neglect, or refusal to comply with the requirements of the
Contract Documents, or any portion thereof, shall bar Contractor’s request for
extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and
City’s Representative’s ability to recognize and mitigate delay, and such failure,
neglect, or refusal prevent the timely analysis of requests for extensions of Contract
Times, and whether such extensions may be warranted. Contractor hereby waives
all rights to extensions of Contract Times due to delays or accelerations that result
from or occur during periods of time for which Contractor fails, neglects, or refuses to
fully comply with the requirements of this Article.
ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT
A. The acceptance of the Work on behalf of the City will be made by the Engineer. Such
acceptance by the City shall not constitute a waiver of defects. When the Work has been
accepted there shall be paid to Contractor a sum equal to the contract price less any
amounts previously paid Contractor and less any amounts withheld by the City from
Contractor under the terms of the contract. The final five percent (5%), or the percentage
specified in the notice inviting bids where the City has adopted a finding of substantially
complete, shall not become due and payable until five (5) calendar days shall have
elapsed after the expiration of the period within which all claims may be filed under the
provisions of Civil Code section 9356. If the Contractor has placed securities with the
City as described herein, the Contractor shall be paid a sum equal to one hundred
percent (100%) of the contract price less any amounts due the City under the terms of
the Contract.
B. Unless Contractor advises the City in writing prior to acceptance of the final five percent
(5%) or the percentage specified in the notice inviting bids where the City has adopted a
finding of substantially complete, or the return of securities held as described herein, said
acceptance shall operate as a release to the City of all claims and all liability to Contractor
for all things done or furnished in connection with this work and for every act of negligence
of the City and for all other claims relating to or arising out of this work. If Contractor
advises the City in writing prior to acceptance of final payment or return of the securities
that there is a dispute regarding the amount due the Contractor, the City may pay the
undisputed amount contingent upon the Contractor furnishing a release of all undisputed
claims against the City with the disputed claims in stated amounts being specifically
excluded by Contractor from the operation of the release. No payments, however, final
or otherwise, shall operate to release Contractor or its sureties from the Faithful
Performance Bond, Labor and Material Payment Bond, or from any other obligation
under this contract.
C. In case of suspension of the contract any unpaid balance shall be and become the sole
and absolute property of the City to the extent necessary to repay the City any excess in
the cost of the Work above the contract price.
D. Final payment shall be made no later than 60 days after the date of acceptance of the
Work by the City or the date of occupation, beneficial use and enjoyment of the Work by
the City including any operation only for testing, start-up or commissioning accompanied
by cessation of labor on the Work, provided that a release of liens and
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claims has been received from the Contractor pursuant to Civil Code section 8136. In the
event of a dispute between the City and the Contractor, the City may withhold from the final
payment an amount not to exceed 150% of the disputed amount.
E. Within ten (10) calendar days from the time that all or any portion of the retention proceeds
are received by Contractor, Contractor shall pay each of its subcontractors from whom
retention has been withheld each subcontractor’s share of the retention received. However,
if a retention payment received by Contractor is specifically designated for a particular
subcontractor, payment of the retention shall be made to the designated subcontractor if
the payment is consistent with the terms of the subcontract.
ARTICLE 46. 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 47. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s
choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and
representatives, and each of them from and against:
A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or
liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to
or death, including wrongful death, of any person, and damages to or destruction of property
of any person, arising out of, related to, or in any manner directly or indirectly connected
with the Work or this Contract, 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, however caused, regardless of whether the
allegations are false, fraudulent, or groundless, and regardless of any negligence of the City
or its officers, employees, or authorized volunteers (including passive negligence), except
the sole negligence or willful misconduct or active negligence of the City or its officials,
officers, employees, or authorized volunteers.
B. Contractor’s defense and indemnity obligation herein includes, but is not limited to
damages, fines, penalties, attorney’s fees and costs arising from claims under the
Americans with Disabilities Act (ADA) or other federal or state disability access or
discrimination laws arising from Contractor’s Work during the course of construction of the
improvements or after the Work is complete, as the result of defects or negligence in
Contractor’s construction of the improvements.
C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities,
in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on
account of the violation of any governmental law or regulation, compliance with which is the
responsibility of Contractor;
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D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s
fees, and other costs, including all costs of defense which any of them may incur with
respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and
all of Contractor’s obligations under the agreement. Such costs, expenses, and damages
shall include all costs, including attorney’s fees, incurred by the indemnified parties in
any lawsuit to which they are a party.
Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City
Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against the City, its officials, officers, agents, employees and
representatives. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against the City, its officials, officers, employees, agents, employees and representatives,
in any such suit, action or other legal proceeding. Contractor shall reimburse the 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 48. PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or
Contract Price, including but not limited to all requirements of Article 44, Changes and Extra Work, as
a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of
delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to
timely provide any other notice or request required herein shall constitute a waiver of the right to
further pursue the claim under the Contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract
Code prescribes a process utilizing informal conferences, non-binding judicial supervised
mediation, and judicial arbitration to resolve disputes on construction claims of $375,000
or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes
a process for negotiation and mediation to resolve disputes on construction claims. The
intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the
California Public Contract Code. This Article shall be construed to be consistent with said
statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the
Contractor, after a change order duly requested in accordance with Article 44 “Changes
and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of
money or damages arising from Work done by or on behalf of the Contractor pursuant to
the Contract, or (C) an amount the payment of which is disputed by the City. Claims
governed by this Article may not be filed unless and until the Contractor completes all
procedures for giving notice of delay or change and for the requesting of a time extension
or change order, including but not necessarily limited to the procedures contained in
Article 44, Changes and Extra Work, and Contractor’s request for a change has been
denied in whole or in part. Claims governed by this Article must be filed no later than the
date of final payment. The claim shall be submitted in writing to the City and shall include
on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore,
the claim shall include the documents necessary to substantiate the claim. Nothing herein
is intended to extend the time limit or supersede notice requirements otherwise provided
by contract for the filing of claims, including all requirements pertaining to compensation
or payment for
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extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual
requirements shall bar any claims or subsequent lawsuits for compensation or payment
thereon.
C. Supporting Documentation. The Contractor shall submit all claims in the following
format:
1. Summary of claim merit and price, reference Contract Document provisions 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. Time impact analysis in CPM format
7. If Contractor’s claim is based in whole or in part on an allegation of errors or
omissions in the Drawings or Specifications for the Project, Contractor shall provide
a summary of the percentage of the claim subject to design errors or omissions and
shall obtain a certificate of merit in support of the claim of design errors and
omissions.
D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a
reasonable review of the claim and, within a period not to exceed 45 Days, shall provide
the Contractor a written statement identifying what portion of the claim is disputed and
what portion is undisputed. Any payment due on an undisputed portion of the claim will
be processed and made within 60 Days after the City issues its written statement.
1. If the City needs approval from its governing body to provide the Contractor a written
statement identifying the disputed portion and the undisputed portion of the claim, and
the City’s governing body does not meet within the 45 Days or within the mutually
agreed to extension of time following receipt of a claim sent by registered mail or
certified mail, return receipt requested, the City shall have up to three Days following
the next duly publicly noticed meeting of the City’s governing body after the 45-Day
period, or extension, expires to provide the Contractor a written statement identifying
the disputed portion and the undisputed portion.
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2. Within 30 Days of receipt of a claim, the City may request in writing additional
documentation supporting the claim or relating to defenses or claims the City may have
against the Contractor. If additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision, upon mutual agreement of City and the
Contractor. The City’s written response to the claim, as further documented, shall be
submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15
Days) after receipt of the further documentation, or within a period of time no greater than
that taken by the Contractor in producing the additional information or requested
documentation, whichever is greater.
E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to
respond within the time prescribed, the Contractor may so notify the City, in writing, either
within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to
respond within the time prescribed, respectively, and demand in writing an informal conference
to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City
shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
F. Mediation. Within 10 business Days following the conclusion of the meet and confer
conference, if the claim or any portion of the claim remains in dispute, the City shall provide
the Contractor a written statement identifying the portion of the claim that remains in dispute
and the portion that is undisputed. Any payment due on an undisputed portion of the claim
shall be processed and made within 60 Days after the City issues its written statement. Any
disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to
nonbinding mediation, with the City and the Contractor sharing the associated costs equally.
The City and Contractor shall mutually agree to a mediator within 10 business Days after the
disputed portion of the claim has been identified in writing, unless the parties agree to select
a mediator at a later time.
1. If the parties cannot agree upon a mediator, each party shall select a mediator and those
mediators shall select a qualified neutral third party to mediate with regard to the disputed
portion of the claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator.
2. For purposes of this section, mediation includes any nonbinding process, including, but
not limited to, neutral evaluation or a dispute review board, in which an independent third
party or board assists the parties in dispute resolution through negotiation or by issuance
of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Public
Contract Code Section 20104.4 to mediate after litigation has been commenced.
4. The mediation shall be held no earlier than the date the Contractor completes the Work
or the date that the Contractor last performs Work, whichever is earlier. All unresolved
claims shall be considered jointly in a single mediation, unless a new unrelated claim
arises after mediation is completed.
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G. Procedures After Mediation. If following the mediation, the claim or any portion remains in
dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code prior to initiating litigation. For purposes of those provisions, the running
of the period of time within which a claim must be filed shall be tolled from the time the
Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim
is denied, including any period of time utilized by the meet and confer conference.
H. Civil Actions. The following procedures are established for all civil actions filed to resolve
claims of $375,000 or less:
1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings,
the court shall submit the matter to non-binding mediation unless waived by mutual
stipulation of both parties or unless mediation was held prior to commencement of the
action in accordance with Public Contract Code section 9204 and the terms of this
Contract. The mediation process shall provide for the selection within 15 Days by both
parties of a disinterested third person as mediator, shall be commenced within 30 Days of
the submittal, and shall be concluded within 15 Days from the commencement of the
mediation unless a time requirement is extended upon a good cause showing to the court.
2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code
of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5
(commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
(A) arbitrators shall, when possible, be experienced in construction law, and (B) any party
appealing an arbitration award who does not obtain a more favorable judgment shall, in
addition to payment of costs and fees under that chapter, also pay the attorney’s fees on
appeal of the other party.
I. Government Code Claims. In addition to any and all contract requirements pertaining to
notices of and requests for compensation or payment for extra Work, disputed Work,
construction claims and/or changed conditions, the Contractor must comply with the claim
procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit
against the City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra Work, disputed Work, construction claims, and/or changed
conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if the prerequisite contractual requirements are not satisfied, no action against
the City may be filed. A Government Code claim must be filed no earlier than the date
the Work is completed or the date the Contractor last performs Work on the Project,
whichever occurs first. A Government Code claim shall be inclusive of all unresolved
claims unless a new unrelated claim arises after the Government Code claim is
submitted.
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J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time
periods described in this Article or to otherwise meet the time requirements of this Article
shall result in the claim being deemed rejected in its entirety.
ARTICLE 49. CITY’S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause by the City:
1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the
Work or any separable part thereof with such diligence as will insure its completion
within the time specified by the Contract Documents, or any extension thereof, or fails
to complete such Work within such time, or if the Contractor should be adjudged a
bankrupt, or if it should make a general assignment for the benefit of its creditors, or
if a receiver should be appointed on account of its insolvency, or the Contractor or
any of its subcontractors should violate any of the provisions of this Contract, the City
may serve written notice upon the Contractor and its Surety of the City's intention to
terminate this Contract. This notice of intent to terminate shall contain the reasons
for such intention to terminate this Contract, and a statement to the effect that the
Contractor's right to perform this Contract shall cease and terminate upon the
expiration of ten (10) calendar days unless such violations have ceased and
arrangements satisfactory to the City have been made for correction of said violations.
2. In the event that the City serves such written notice of termination upon the Contractor
and the Surety, the Surety shall have the right to take over and perform the Contract.
If the Surety does not: (1) give the City written notice of Surety's intention to take over
and commence performance of the Contract within 15 calendar days of the City's
service of said notice of intent to terminate upon Surety; and (2) actually commence
performance of the Contract within 30 calendar days of the City's service of said
notice upon Surety; then the City may take over the Work and prosecute the same to
completion by separate contract or by any other method it may deem advisable for
the account and at the expense of the Contractor.
3. In the event that the City elects to obtain an alternative performance of the Contract as
specified above: (1) the City may, without liability for so doing, take possession of and
utilize in completion of the Work such materials, appliances, plants and other property
belonging to the Contractor that are on the site and reasonably necessary for such
completion (A special lien to secure the claims of the City in the event of such
suspension is hereby created against any property of Contractor taken into the
possession of the City under the terms hereof and such lien may be enforced by sale
of such property under the direction of the City Council without notice to Contractor.
The proceeds of the sale after deducting all expenses thereof and connected therewith
shall be credited to Contractor. If the net credits shall be in excess of the claims of
the City against Contractor, the balance will be paid to Contractor or Contractor’s
legal representatives.); and (2) Surety shall be liable to the City for any cost or other
damage to the City necessitated by the City securing an alternate performance
pursuant to this Article.
B. Termination for Convenience by the City:
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1. The City may terminate performance of the Work called for by the Contract
Documents in whole or, from time to time, in part, if the City determines that a
termination is in the City's interest.
2. 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
convenience of the City, the extent of termination, and the Effective Date of such
termination.
3. After receipt of Notice of Termination, and except as directed by the City's
Representative, 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:
a. Stop Work as specified in the Notice.
b. 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.
c. Leave the property upon which the Contractor was working and upon which the
facility (or facilities) forming the basis of the Contract Document is situated in a
safe and sanitary manner such that it does not pose any threat to the public health
or safety.
d. Terminate all subcontracts to the extent that they relate to the portions of the
Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the
continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) calendar days from the
Effective Date of the Notice of Termination, all of the usual 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: (1) be submitted to and received by the Engineer no
later than 30 calendar days after the Effective Date of the Notice of Termination;
(2) describe the costs incurred with particularity; and (3) be conspicuously
identified as “Termination Costs occasioned by the City's Termination for
Convenience.”
4. Termination of the Contract shall not relieve Surety of its obligation for any just claims
arising out of or relating to the Work performed.
5. In the event that the City exercises its right to terminate this Contract pursuant to this
clause, the City shall pay the Contractor, upon the Contractor's submission of the
documentation required by this clause and other applicable provisions of the Contract
Documents, the following amounts:
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a. All actual reimbursable costs incurred according to the provisions of this Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided
Contractor establishes to the satisfaction of the City's Representative that it is
reasonably probable that Contractor would have made a profit had the Contract
been completed and provided further, that the profit allowed shall in no event
exceed fifteen (15%) percent of the costs.
c. A reasonable allowance for Contractor's administrative costs in determining the
amount payable due to termination of the Contract under this Article.
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.
ARTICLE 50. WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in conformance
with the Contract Documents and that the materials and Work provided will fulfill the
requirements of this Warranty. Contractor hereby agrees to repair or replace, at the
discretion of the City, any or all Work that may prove to be defective in its workmanship,
materials furnished, methods of installation or fail to conform to the Contract Document
requirements together with any other Work which may be damaged or displaced by such
defect(s) within a period of one (1) year from the date of the Notice of Completion of the
Project without any expense whatever to the City, ordinary wear and tear and unusual
abuse and neglect excepted. Contractor shall be required to promptly repair or replace
defective equipment or materials, at Contractor’s option. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of
equipment and materials necessary to gain access, shall be the sole responsibility of the
Contractor.
B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work
shall be reinstated for an additional one (1) year period, commencing with the date of
acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall
apply only to that portion of work that was corrected. Contractor shall perform such tests
as City may require to verify that any corrective actions, including, without limitation,
redesign, repairs, and replacements comply with the requirements of the Contract. In the
event of Contractor’s failure to comply with the above- mentioned conditions within ten
(10) calendar days after being notified in writing of required repairs, to the reasonable
satisfaction of the City, the City shall have the right to correct and replace any defective
or non-conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully
reimburse the City for any expenses incurred hereunder immediately upon demand.
C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all
warranties that would be given in normal commercial practice and assign to City any and
all manufacturer’s or installer’s warranties for equipment or materials not
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manufactured by Contractor and provided as part of the Work, to the extent that such
third-party warranties are assignable and extend beyond the warranty period set forth in
this Article. Contractor shall furnish the City with all warranty and guarantee documents
prior to final Acceptance of the Project by the City as required.
D. When specifically indicated in the Contract Documents or when directed by the Engineer,
the City may furnish materials or products to the Contractor for installation. In the event
any act or failure to act by Contractor shall cause a warranty applicable to any materials
or products purchased by the City for installation by the Contractor to be voided or
reduced, Contractor shall indemnify City from and against any cost, expense, or other
liability arising therefrom, and shall be responsible to the City for the cost of any repairs,
replacement or other costs that would have been covered by the warranty but for such act
or failure to act by Contractor.
E. The Contractor shall remedy at its expense any damage to City-owned or controlled real
or personal property.
F. 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) calendar 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 City shall have the right
to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.
G. 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.
H. Acceptance of Defective Work.
1. If, instead of requiring correction or removal and replacement of Defective Work, the
City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) attributable to City’s evaluation of and determination to
accept such Defective Work and for the diminished value of the Work.
2. If any acceptance of defective work occurs prior to release of the Project Retention, a
Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work, and City shall be entitled to an appropriate
decrease in the Contract Price, reflecting the diminished value of Work and all costs
incurred by City.
3. If the Project Retention is held in an escrow account as permitted by the Contract
Documents, Contractor will promptly alert the escrow holder, in writing, of the amount
of Retention to be paid to City.
4. If the acceptance of Defective Work occurs after release of the Project Retention, an
appropriate amount will be paid by Contractor to City.
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I. City May Correct Defective Work.
1. If Contractor fails within a reasonable time after written notice from City’s
Representative to correct Defective Work, or to remove and replace rejected Work as
required by City, or if Contractor fails to perform the Work in accordance with the
Contract Documents, or if Contractor fails to comply with any other provision of the
Contract Documents, City may, after seven (7) Days’ written notice to Contractor,
correct, or remedy any such deficiency.
2. In connection with such corrective or remedial action, City may exclude Contractor
from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, take possession of Contractor’s tools,
appliances, construction equipment and machinery at the Site, and incorporate in the
Work all materials and equipment stored at the Site or for which City has paid
Contractor but which are stored elsewhere. Contractor shall allow City and City’s
Representative, and the agents, employees, other contractors, and consultants of
each of them, access to the Site to enable City to exercise the rights and remedies to
correct the Defective Work.
3. All claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) incurred or sustained by City correcting
the Defective Work will be charged against Contractor, and a Change Order will be
issued incorporating the necessary revisions into the Contract Documents with
respect to the Work; and City shall be entitled to an appropriate decrease in the
Contract Price.
4. Such claims, costs, losses and damages will include, but not be limited to, all costs of
repair, or replacement of work of others destroyed or damaged by correction,
removal, or replacement of Defective Work.
5. If the Change Order is executed after all payments under the Contract have been
paid by City and the Project Retention is held in an escrow account as permitted by
the Contract Documents, Contractor will promptly alert the escrow holder, in writing,
of the amount of Retention to be paid to City.
6. If the Change Order is executed after release of the Project Retention, an appropriate
amount will be paid by Contractor to City.
7. Contractor shall not be allowed an extension of the Contract Times because of any
delay in the performance of the Work attributable to City correcting Defective work.
J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights
and remedies available to City at law or in equity, including, but not limited to, Code of
Civil Procedure section 337.15.
ARTICLE 51. 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.
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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 52. 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 directly or indirectly from award,
performance, or attempted performance of any other contract or contracts on the Project
site.
ARTICLE 53. 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) calendar 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 54. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely
notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover
reasonable costs incurred in providing such notification.
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ARTICLE 55. 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 56. 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 57. ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of
interest of any or all of this contract without the prior written consent of the City. Any assignment or
change of Contractor’s name of legal entity 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.
ARTICLE 58. 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 and all related documents. No change of Contractor’s name or nature will
affect City’s rights under the Contract, including but not limited to the bonds.
ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, 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 USC, 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
tenders final payment to the Contractor, without further acknowledgment by the parties.
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ARTICLE 60. 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 61. CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or
organization performing any part of the Work, this Contract shall be governed by the law of the State
of California excluding any choice of law provisions.
ARTICLE 62. JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the
Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award,
or performance of the Work shall be maintained in the Superior Court of Los Angeles County,
California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile,
and agree that said court shall be a proper venue for any such action.
ARTICLE 63. 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, it 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, it 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 64. PATENTS
Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers
harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on
account of any patented or unpatented invention, article or appliance manufactured, furnished or used
by Contractor in the performance of this contract.
ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS
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.
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ARTICLE 66. 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.
ARTICLE 67. SURVIVAL OF OBLIGATIONS
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract
Documents, will survive final payment, completion, and acceptance of the Work or termination or
completion of the Contract or termination of the services of Contractor.
END OF GENERAL CONDITIONS
107 SPECIAL CONDITIONS
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SPECIAL CONDITIONS
1.1 Engineer of Record.
A. For purposes of this Project, the Engineer of Record or Engineer shall be Robert
Delgadillo, PE.
1.2 Location of the Project.
A. The Project is located on AZUSA AVENUE between Arrow Highway and First Street within
the City of Azusa.
B. The general location of the Project is shown on the Improvement Plans.
1.3 Shared Cost Savings for Reductions in Contract Price; Value Engineering.
NOT USED.
1.4 Status of the Project Area and Rights-of-Way.
A. City, at its expense, will provide all rights-of-way or permits, or both, covering the crossing
of private property and public and private rights-of-way necessary for the permanent
Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance
policies or pay any fees and enter into any agreements required by a controlling authority,
e.g., Caltrans or Union Pacific Railroad Company, before Contractor enters upon any
property or right-of-way under the jurisdiction of any such controlling authority for the
purpose of performing Work.
B. City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the
permanent Work.
C. If such permits are required, all operations of Contractor shall conform to the restrictions,
regulations, and requirements set forth in said permits, copies of which will be included
in the Contract Documents.
D. Contractor may be required, as a condition for receiving final payment, to obtain, and
provide City’s Representative with copies of, executed damage releases from the owners
of public and private property whose property has been damaged by the Work. The
damage releases will be on a form provided by City.
E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide
City’s Representative with copies of, executed damage releases from the owners of
certain public and private property or areas which have been crossed by the Work or
otherwise affected by the Work. The damage releases will be on a form provided by City.
1.5 Site Data.
A. The data provided herein is for the information of Contractor and is subject to all
limitations and conditions set forth in the Contract Documents.
B. Subsurface Exploration Data. The following data are included in the Project Manual:
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C. Other Site Data. The following data are available for inspection at City’s office: 1.
Copies of these reports, drawings and other materials may be examined at City’s office during
regular business hours.
1.6 Pre-Purchased or Pre-Negotiated Material.
NOT USED.
1.7 Designation of City’s Representative.
A. Unless otherwise modified by City, City’s Representative shall be Robert Delgadillo,
Robert.Delgadillo@AzusaCA.gov , (626) 812-5248.
1.8 Modification of Hours of Work.
Working hours for this project are 7:00 a.m. to 4:00 p.m. - Monday through Friday, excluding
legal holidays and weekends.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site,
storage sites, staging areas, etc., before or after the normal working hours prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first obtain
special permission from the Director of Public Works / City Engineer, and may be responsible
for additional inspection fees.
1.9 Project Retention
In accordance with Public Contract Code § 7201, City will withhold 5% of each progress
payment as retention on the Project.
1.10 RESERVED.
1.11 Liquidated Damages Due to Contractor Delay.
A. Time is of the essence. Should Contractor fail to complete all or any part of the Work within
the time specified in the Contract Documents, City will suffer damage, the amount of which
is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code
section 53069.85, City shall therefore be entitled to $500 per Day as liquidated damages for
each Day or part thereof that actual completion extends beyond the time specified.
B. Liquidated damages may be deducted from progress payments due Contractor, Project
retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent City, in case of Contractor's default,
from terminating the Contractor.
1.12 Utility Outages – Notices to Residents.
A. Should Contractor’s operations require interruption of any utility service, Contractor shall
notify City at least ten (10) Days prior to the scheduled outage. Contractor will notify all
impacted residents on a form provided by City at least seven (7) Days prior to the scheduled
outage.
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B. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities
necessitated by the utility outage.
1.13 Schedule Constraints.
NOT USED.
1.14 Noise Restrictions
A. 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. 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.
C. 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.
1.15 Safety Programs.
[NOT USED.
1.16 Coordination with Other Contractors.
NOT USED.
END OF SPECIAL CONDITIONS
110 GENERAL REQUIREMENTS
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GENERAL REQUIREMENTS
PART 1 -- GENERAL
1.1 NONE
PART 2 -- EXECUTION
2.1 LAYOUT OF WORK AND QUANTITY SURVEYS
General. The Contractor shall utilize a properly licensed surveyor to perform all layout
surveys required for the control and completion of the Work, and all necessary surveys to
compute quantities of Work performed.
City and/or the Engineer of Record has established primary control to be used by the
Contractor for establishing lines and grades required for the Work.
Primary control consists of benchmarks and horizontal control points in the vicinity of the
Work. A listing and identification of the primary control is provided on the Drawings.
Before beginning any layout work or construction activity, the Contractor shall check and
verify primary control, and shall advise the City Representative of any discrepancies.
Quantity surveys. The Contractor shall perform such surveys and computations as are
necessary to determine quantities of Work performed or placed during each progress
payment period, and shall perform all surveys necessary for the City Representative to
determine final quantities of Work in place. The City Representative will determine final
quantities based upon the survey data provided by the Contractor, and the design lines
and grades. If requested by the City Representative, the Contractor shall provide an
electronic copy of data used for quantity computations.
All surveys performed for measurement of final quantities of Work and material shall be
subject to approval of City’s Representative. Unless waived by City’s Representative in
each specific case, quantity surveys made by the Contractor shall be made in the
presence of City’s Representative.
Surveying
1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances
specified for the Work and the following:
(a) Right-of-way and alignment of tangents and curves shall be within 0.1 foot.
(b) Structure points shall be set within 0.01 foot, except where operational function of
the special features or installation of metalwork and equipment require closer
tolerances. When formwork has been placed and is ready for concrete, the
Contractor shall check the formwork for conformance with the drawings and to
ensure that the forms are sufficiently within the tolerance limits for the completed
work.
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(c) Cross-section points shall be located within 0.1 foot, horizontally and vertically.
(d) Aerial Mapping shall meet National Mapping Standards for 2-foot contour
intervals.
Records. Survey data shall be recorded in accordance with recognized professional
surveying standards. Original field notes, computations, and other surveying data shall be
recorded on electronic data collectors or in standard field books and must be of sufficient
quality to enable the Contractor to prepare accurate record drawings as required by the
Contract Documents.
Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required for surveys for the layout of work and quantity surveys shall
be included in the Schedule of Pay Items for items of work requiring the surveys. No
additional compensation shall be made to the Contractor for this Work.
2.2 SCHEDULE
Estimated Schedule. Prior to the issuance of the Notice to Proceed, Contractor shall
prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt
or Approval of 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.
Schedule Contents. 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. The overall Project Schedule
duration shall be within the Contract time.
Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the Engineer
monthly when requested to do so by Engineer. Contractor shall also submit schedules
showing a three week detailed look-ahead at bi-weekly meetings conducted with the City.
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.
2.3 TEMPORARY FIELD OFFICE
NOT USED.
2.4 PROTECTION OF WORK AND PROPERTY
All traffic detector loops, fences, walls, culverts, property line monuments, or other
obstructions (except property line monuments within five (5) feet of the centerline of
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the mains) which are removed, damaged, or destroyed in the course of the Work, shall be
replaced or repaired to the original condition. If Contractor provides the City with
reasonable notice of the need for such repair or replacement, it shall be performed by the
City. If the Contractor fails to provide the City with reasonable notice, the repair or
replacement shall be performed by and at the expense of the Contractor to the
satisfaction of the City, whether or not those obstructions have been shown on the Plans,
unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its
expense a Licensed Land Surveyor to restore all property line monuments located more
than five (5) feet from the centerline of the mains, which are destroyed or obliterated.
Property line monuments located within five (5) feet of the centerline of the mains will be
replaced by the City at no expense to the Contractor, provided the City is notified at least
48 hours before the property line monuments are damaged.
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.
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 a civil engineer or land surveyor acceptable to the
City, 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, 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.
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10. Comply with any stage construction and traffic control plans. Access to residences and
businesses shall be maintained at all times, unless otherwise permitted in writing by
the City.
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 therefore.
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.
2.5 SITE CONDITIONS SURVEYS
Work Included.
Contractor shall conduct thorough pre-construction and post-construction site condition
surveys of the entire project area. Site Conditions surveys shall include written
documentation of the conditions found, as well as photographs and video recordings of
the area within at least 80 feet of any construction area and staging area. The written
notes, photographs, and video shall be suitable for forensic purposes to resolve any
damage claims that may arise as a result of construction.
Submittals.
1. Written documentation of site condition survey at pre-construction and post-
construction.
2. Photographs as described herein of pre-construction and post-construction
conditions.
3. Video recordings as described herein of pre-construction and post-construction
conditions.
4. Submittals shall be made within three days of the surveys. All post-construction
data shall be submitted prior to the final project inspection.
Site Condition Written Documentation.
Written documentation shall include the time, date, and conditions under which the site
survey was made. The documentation shall note the condition of structures, pavement,
sidewalks, utilities, fences, and etc. within the work areas.
Photographs.
1. General – Contractor shall take enough photographs during each site survey to
provide a record of conditions existing prior to construction and conditions after
construction. Pre-construction photographs shall be taken prior to any construction
or mobilization of equipment, but not more than one week prior to
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actual start of work. The pre-construction photographs may be staged at different
times to match the progression of the Work.
2. The photographs shall document existing damage to public and private facilities, both
prior to and after construction. Conditions to be documented include, but are not
limited to: sidewalk cracks, broken curbs, separated property walls, improvements
within public rights-of-way, access roads used, utility covers and markings, signs,
pavement striping, pavement, unique or unusual conditions, adjacent driveways,
landscaping, survey markers, and any feature directed by the Engineer. Private
property that is adjacent to the public right-of-way shall be documented to the extent
visible from the public right-of-way.
3. Photographs shall include items to indicate scale, as needed. In particular, scales or
other items shall be laid next to close ups of structural cracks and other damaged
areas being recorded. Scaling shall also be used to document elevation differences,
as needed.
4. One set of color prints shall be submitted. Additional sets shall be available for
reviewing in settling any construction disputes. A set of photos shall also be furnished
in electronic format. The resolution shall be at least equal to 7 mega- pixels. All photos
shall be documented as to time and date taken, photographer, project number,
location, and orientation. Documentation shall include a brief description of objects
photographed.
Video Recording.
1. Video recordings shall document the conditions of the entire area affected by
construction, as well as nearby structures and facilities. The general documentation
requirements for videos are the same as for photographs. Video recorders shall
accurately and continuously record the time and date.
2. Video recordings shall include an audio portion made simultaneously during the
videoing. The audio recording shall describe the location, time, orientation, and
objects being recorded. Special commentary shall be provided for unusual conditions
or damage noted.
3. Video equipment shall be capable of producing high resolution images and shall have
zoom capabilities.
4. Video recordings shall provide an overall picture of the sites and shall provide
detailed images of damaged areas. Video shall extend to the maximum height of
structures.
5. The Engineer shall have the right to reject any audio video recordings submitted with
unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings
shall be repeated when rejected.
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6. Video recordings shall be submitted with labels indicating the project, date, recorder,
and other pertinent information. Recordings shall be submitted on standard DVDs in
a standard format.
Timing.
Contractor shall provide written notice of the time scheduled for the site conditions survey
and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to
beginning the condition survey. The Engineer reserves the right to cancel the survey due
to weather conditions or other problems. Videoing shall be done during times of good
visibility and no videoing or photography shall be done during periods of visible
precipitation or when standing water obscures pavement. Contractor shall provide the
Engineer with an opportunity to have a representative present when taking the photos and
provide guidance during photographing.
Site Surveyor.
The site condition surveyor(s) shall be experienced in construction and potential damage
concerns. The site condition surveyor(s) shall be familiar with the photography and video
equipment being used.
Field Quality Control.
Prior to submitting videos and photographs, the Contractor shall spot check the photos and
videos in the field to insure they accurately reflect the actual conditions and to insure they
are correctly labeled.
Soils Compaction Testing.
1. All soils compaction testing will be done by a licensed geotechnical engineer
furnished and paid for by the Contractor and approved by the City. Soils compaction
testing will be done for all footings and foundations prior to placement of rebar or
concrete; for subgrade preparation, treated materials, and placement of base
materials and roadway resurfacing per sections 301 and 302 of the latest Greenbook,
Standard Specifications for Public Works Construction.
2. For pipeline construction, soil compaction testing will be done at 100-foot intervals at
the bottom of the trench prior to placement of pipe bedding; at the top of the pipe
bedding above the pipe; every two vertical feet of trench backfill; at the top of the
trench backfill, which should be the bottom of the pavement section; and at the top
of the aggregate base prior to pavement construction.
2.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS
General. The Contractor shall furnish all materials and perform all Work required for
furnishing submittals to City in accordance with Contract Documents.
Technical Manuals.
1. The Contractor shall submit technical operation and maintenance information for
each item of mechanical, electrical and instrumentation equipment in an organized
manner in the Technical Manual. It shall be written so that it can be used and
understood by City’s operation and maintenance staff.
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2. The Technical Manual shall be subdivided first by specification section number;
second, by equipment item; and last, by "Category." "Categories" shall conform to the
following (as applicable):
(a) Category 1 - Equipment Summary:
(1) Summary: A summary table shall indicate the equipment name, equipment
number, and process area in which the equipment is installed.
(b) Category 2 - Operational Procedures:
(1) Procedures: Manufacturer-recommended procedures on the following shall
be included in Part 2:
a. Installation
b. Adjustment
c. Startup
d. Location of controls, special tools, equipment required, or related
instrumentation needed for operation
e. Operation procedures
f. Load changes
g. Calibration
h. Shutdown
i. Troubleshooting
j. Disassembly
k. Reassembly
l. Realignment
m. Testing to determine performance efficiency
n. Tabulation of proper settings for all pressure relief valves, low and
high pressure switches, and other protection devices
o. List of all electrical relay settings including alarm and contact settings
(c) Category 3 - Preventive Maintenance Procedures:
(1) Procedures: Preventive maintenance procedures shall include all
manufacturer-recommended procedures to be performed on a periodic
basis, both by removing and replacing the equipment or component, and by
leaving the equipment in place.
(2) Schedules: Recommended frequency of preventive maintenance
procedures shall be included. Lubrication schedules, including lubricant
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SAE grade, type, and temperature ranges, shall be covered.
(d) Category 4 - Parts List:
(1) Parts List: A complete parts list shall be furnished, including a generic
description and manufacturer's identification number for each part. Addresses
and telephone numbers of the nearest supplier and parts warehouse shall be
included.
(2) Drawings: Cross-sectional or exploded view drawings shall accompany the
parts list.
(e) Category 5 - Wiring Diagrams:
(1) Diagrams: Part 5 shall include complete internal and connection wiring diagrams
for electrical equipment items.
(f) Category 6 - Shop Drawings:
(1) Drawings: This part shall include approved shop or fabrication drawings,
complete with dimensions.
(g) Category 7 - Safety:
(1) Procedures: This part describes the safety precautions to be taken when
operating and maintaining the equipment or working near it.
(h) Category 8 - Documentation:
(1) All equipment warranties, affidavits, and certifications required by the Technical
Specifications shall be placed in this part.
3. The Contractor shall furnish to City six (6) identical Technical Manuals. Each set shall
consist of one or more volumes, each of which shall be bound in a standard binder.
Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts
information for all mechanical, electrical, and instrumentation equipment. The spare parts list
shall include the current list price of each spare part. The spare parts list shall include those
spare parts which each manufacturer recommends be maintained by City in inventory. Each
manufacturer or supplier shall indicate the name, address, and telephone number of its
nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference
all spare parts lists to the equipment numbers designated in the Contract Documents. The
spare parts lists shall be bound in standard size, 3-ring binder.
Record Drawings
1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall
mark all Project conditions, locations, configurations, and any other changes or
deviations which may vary from the information represented in the original Contract
Documents, including buried or concealed construction and utility features which are
revealed during the course of construction. Special attention shall be given to recording
the horizontal and vertical location of all buried utilities that differ from the locations
indicated, or which were not indicated on the Contract
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Drawings. Said record drawings shall be supplemented by any detailed sketches as
necessary or directed to fully indicate the Work as actually constructed. These master
record drawings of the as-built conditions, including all revisions made necessary by
Addenda and Change Orders shall be maintained up-to-date during the progress of
the Project. Red ink shall be used for alterations and notes. Notes shall identify
relevant Change Orders by number and date.
2. For all Projects involving the installation of any pipeline, Contractor shall survey and
record the top of the pipe at a minimum of every 100 linear feet, and at each bend,
recording both the horizontal and vertical locations.
3. Record drawings shall be accessible to City’s Representative at all times during the
construction period. Failure on the Contractor’s part to keep record drawings current
could result in withholding partial payment.
4. Upon Completion of the Project and as a condition of final acceptance, the Contractor
shall finalize and deliver a complete set of Record Drawings to City’s Representative.
The information submitted by the Contractor will be assumed to be correct, and the
Contractor shall be responsible for, and liable to City, for the accuracy of such
information, and for any errors or omissions which may or may not appear on the
Record Drawings.
Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete the Manuals and Record Drawings shall be
included in Contractor’s bid and distributed in the Schedule of Pay. No additional
compensation shall be made to the Contractor for this Work.
2.7 MATERIALS
Materials to be Furnished by the Contractor
1. Inspection of Materials. Materials furnished by the Contractor which will become a part
of the Project shall be subject to inspection at any one or more of the following
locations, as determined by City’s Representative: at the place of production or
manufacture, at the shipping point, or at the site of the Work. To allow sufficient time
to provide for inspection, the Contractor shall submit to City’s Representative, at the
time of issuance, copies of purchase orders or other written instrument confirming
procurement of the materials, including drawings and other pertinent information,
covering materials on which inspection will be made.
2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall
inform City’s Representative, in writing, the date the material is to be manufactured.
3. Contractors Obligations. The inspection of materials at any of the locations specified
above or the waiving of the inspection thereof shall not impact whether the materials
and equipment conform to the Contract Documents. Contractor will not be relieved
from furnishing materials meeting the requirements of the Contract Documents due to
City’s inspection or lack of inspection of the equipment or materials. Acceptance of
any materials will be made only after materials are installed in the Project.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to accommodate City’s testing efforts,
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including any travel required by Contractor’s forces, shall be included in Contractor’s
bid and distributed in the Schedule of Pay Items related to the materials requiring
testing. No additional compensation shall be made to the Contractor for this Work.
2.8 LOCAL CONDITIONS AND REQUIREMENTS
Access to Work and Haul Routes
1. General. All work on the rights-of-way necessary for access to the Site shall be
performed by the Contractor.
2. Access, Damage, Restoration. The Contractor shall make his own investigation of the
condition of available public or private roads and of clearances, restrictions, bridge-
load limits, permit or bond requirements, and other limitations that affect or may affect
transportation and ingress or egress at the Site. Claims for changes in Contract Price
or Contract Times arising out of the unavailability of transportation facilities or
limitations thereon shall not be considered by City.
3. The Contractor shall maintain and repair any damage arising out of Contractor’s
operations to all roads used during construction of the Project, and upon completion
of all Work, but prior to final acceptance, the roads shall be restored to their original
condition. Prior to using any road for access to the Site, the Contractor shall conduct
a photograph and/or video survey of the roadway with a copy submitted to City’s
Representative.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete this Work, shall be included in Contractor’s
bid and distributed in the Schedule of Pay Items. No additional compensation shall
be made to the Contractor for this Work.
Power. Contractor shall provide at its own expense all necessary power required for
operations under the contract. The Contractor shall provide and maintain in good order
such modern equipment and installations as shall be adequate in the opinion of the
Engineer to perform in a safe and satisfactory manner the Work required by the contract.
Construction Water.
1. Construction water shall not be used for purposes other than those required to
satisfactorily complete the contract.
2. All connections to the Azusa Light & Water (ALW) water system used for the
purposes of obtaining construction water shall utilize a temporary construction meter
and backflow prevention device. The Contractor shall apply for a temporary water
meter from ALW and pay all applicable fees & deposits. The Contractor shall pay for
the temporary meter and all water used. The Contractor shall be responsible for
furnishing and testing the backflow prevention device. The backflow prevention
device shall be tested by a certified backflow tester immediately after it is installed
and every time the backflow prevention device is moved. The backflow certification
reports shall be filed with ALW immediately after the backflow prevention device is in
place. The temporary construction meter and backflow prevention device shall not be
placed into service until ALW confirms and approves that the backflow prevention
device has passed such tests.
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Operation of Existing Water Facilities
1. The Contractor shall not operate any of the existing public water systems, including
water mains, pumps, motors, valves and hydrants. The Contractor shall provide a
list, reason and location of the water system facilities that require operating, opening,
stopping or closure and provide to Azusa Light & Water (ALW) for review and
approval.
2. Contractor shall submit a request to ALW one (1) week in advance for any shut- down
of existing water facilities and shall comply with all ALW shut-down requirements.
Construction at Existing Utilities
1. General. Where the Work to be performed crosses or otherwise interferes with water,
sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the
Contractor shall perform construction in such a manner so that no damage will result
to either public or private utilities. It shall be the responsibility of the Contractor to
determine the actual locations of, and make accommodates to maintain, all utilities.
2. Permission, Notice and Liability. Before any utility is taken out of service, permission
shall be obtained by the Contractor from the owner. The owner, any impacted
resident or business owner and the City Representative will be advised of the nature
and duration of the utility outage as well as the Contractor’s plan for providing
temporary utilities if required by the owner. The Contractor shall be liable for all
damage which may result from its failure to maintain utilities during the progress of
the Work, and the Contractor shall indemnify City as required by the Contract
Documents from all claims arising out of or connected with damage to utilities
encountered during construction; damages resulting from disruption of service; and
injury to persons or damage to property resulting from the negligent, accidental, or
intentional breaching of utilities.
3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete this Work, shall be included in Contractor’s
bid and distributed in the Schedule of Pay Items. No additional compensation shall
be made to the Contractor for this Work.
Traffic Control
1. General. Contractor shall abide by traffic control plans approved by the appropriate
jurisdiction.
2. Protections. Roads subject to interference by the Work shall be kept open or suitable
temporary passages through the Work shall be provided and maintained by the
Contractor. The Contractor shall provide, erect, and maintain all necessary
barricades, suitable and sufficient flasher lights, flag persons, danger signals, and
signs, and shall take all necessary precautions for the protection of the Work and the
safety of the public. No construction work along public or private roads may proceed
until the Contractor has proper barricades, flasher lights, flag persons, signals, and
signs in place at the construction site.
3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete this Work, shall be included in
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Contractor’s bid and distributed in the Schedule of Pay Items. No additional
compensation shall be made to the Contractor for this Work.
Cleaning Up
1. 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. Contractor shall also clean all asphalt and concrete areas to the degree
necessary to remove oil, grease, fuel, or other stains caused by Contractor operations
or equipment. The use of water, resulting in mud on streets, will not be permitted as
substitute for sweeping or other methods. Dust control may require having a water
truck onsite for the duration of the project, and/or use of temporary hoses and
pipelines to convey water.
2. 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.
2.9 ENVIRONMENTAL QUALITY PROTECTION
Environmental Conditions
1. Contractor must comply with all applicable environmental laws, Project conditions,
and constraints.
2. City has considered these Environmental Conditions when determining the Contract
Times and no additional time or compensation will be added to the Contract due to
these Conditions.
Landscape and Vegetation Preservation
1. General. The Contractor shall exercise care to preserve the natural landscape and
vegetation, and shall conduct operations so as to prevent unnecessary destruction,
scarring, or defacing of the natural surroundings in the vicinity of the Work.
2. Damage and Restoration. Movement of crews and equipment within the rights-of-
way and over routes provided for access to the Work shall be performed in a manner
to prevent damage to property. When no longer required, construction roads shall be
restored to original contours.
3. Upon completion of the Work, and following removal of construction facilities and
required cleanup, land used for construction purposes and not required for the
completed installation shall be scarified and regraded, as required, so that all
surfaces are left in a condition that will facilitate natural revegetation, provide for
proper drainage, and prevent erosion.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete this Work, shall be included in Contractor’s
bid and distributed in the Schedule of Pay Items. No additional compensation shall
be made to the Contractor for this Work.
Protected Species
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1. General. If, in the performance of the Work, evidence of the possible occurrence of
any Federally listed threatened or endangered plant or animal is discovered, the
Contractor shall notify the City Representative immediately, giving the location and
nature of the findings. Written confirmation of the evidence, location and nature of the
findings shall be forwarded to City within 2 Days.
2. Procedures. The Contractor shall immediately cease all construction activities in the
immediate area of the discovery to the extent necessary to protect the endangered
plant or animal.
If directed by the City Representative, Contractor will refrain from working in the
immediate area, suspend the Work in its entirety, or alter its performance to ensure
full compliance with all applicable permits, laws and regulations. Any City directed
changes to the Work as a result of a siting will be pursuant to the Contract Documents.
3. False Siting. Any costs or delays incurred by City or the Contractor due to
unreasonable or false notification of an endangered plant or animal will be borne by
the Contractor.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to comply with this paragraph, shall be included in
Contractor’s bid and distributed in the Schedule of Pay Items. No additional
compensation shall be made to the Contractor for this Work.
Preservation of Historical and Archeological Resources
1. General. If, in the performance of the Work, Contractor should unearth cultural
resources (for example, human remains, animal bones, stone tools, artifacts and/or
midden deposits) through excavation, grading, watering or other means, the
Contractor notify the Construction/Archeological Monitor and/or the City
Representative immediately, giving the location and nature of the findings. Written
confirmation of the evidence, location and nature of the findings shall be forwarded
to the Construction/Archeological Monitor and/or City within 2 Days.
2. Procedures. The Contractor shall immediately cease all construction activities in the
immediate area of the discovery to the extent necessary to protect the cultural
resource.
If directed by the City Representative, Contractor will refrain from working in the
immediate area, suspend the Work in its entirety, or re-sequence and/or alter its
performance to ensure full compliance with all applicable permits, laws and
regulations. Should the presence of cultural resources be confirmed, the Contractor
will assist the City Representative and the Construction/Archeological Monitor in the
preparation and implementation of a data recovery plan. The Contractor shall provide
such cooperation and assistance as may be necessary to preserve the cultural
resources for removal or other disposition. Any City directed changes to the Work as
a result of the cultural resource will be pursuant to the Contract Documents.
3. Contractor’s Liability. Should Contractor, without permission, injure, destroy,
excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will
be subject to disciplinary action, arrest and penalty under applicable law. The
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Contractor shall be principally responsible for all costs of mitigation and/or restoration of
cultural resources related to the unauthorized actions identified above. Contractor shall
be required to pay for unauthorized damage and mitigation costs to cultural resources
(historical and archeological resources) as a result of unauthorized activities that damage
cultural resources and shall indemnify City pursuant to the Contract Documents.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to comply with this paragraph, shall be included in
Contractor’s bid and distributed in the Schedule of Pay Items. No additional
compensation shall be made to the Contractor for this Work.
Dust and Pollution Control
1. Contractor shall provide all necessary material, equipment and labor to prevent and
control the emission of dust and any other potential pollutant on site.
2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other
air contaminants in violation of the law, rules, and regulations of the governing agency.
3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to comply with this paragraph, shall be included in
Contractor’s bid and distributed in the Schedule of Pay Items. No additional
compensation shall be made to the Contractor for this Work.
Fugitive Dust NOT
USED. OR
1. In addition to all other environmental and air quality requirements of the Contract
Documents, Contractor must also comply with the most recent version of any rules
implemented by the Air Quality Management District (AQMD) with jurisdiction over the
Project in order to reduce the amount of particulate matter entrained in the ambient air as
a result of the Project. All equipment shall be AQMD compliant and permitted, as needed.
2. City has considered these other requirements when determining the Contract Times and
no additional time or compensation will be added to the Contract due to these
requirements.
Management of Storm, Surface and Other Waters
1. Storm water, surface water, groundwater, and nuisance, or other waters may be
encountered at various times during construction of the Project. Federal and State laws
require the City and its contractors to manage such waters pursuant to the requirements
of California State Water Resources Control Board Order Number 2009-0009-DWQ, the
Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act.
Contractor acknowledges that it has investigated the risk arising from such waters in
conjunction with the Project, and assumes any and all risks and liabilities arising
therefrom.
124 GENERAL REQUIREMENTS
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2. The Contractor shall perform all construction operations in such a manner as to comply,
and ensure all subcontractors to comply, with all applicable Federal, State, and local laws,
orders, and regulations concerning the control and abatement of water pollution; and all
terms and conditions of any applicable permits issued for the Project. In the event there is
a conflict between Federal, State, and local laws, regulations, and requirements, the most
stringent shall apply.
3. Contractor violations. If noncompliance should occur, the Contractor shall report this to
the City Representative immediately, with the specific information submitted in writing
within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders,
regulations, or Water Quality Standards may result in City stopping all site activity until
compliance is ensured. The Contractor shall not be entitled to any change in Contract
Price or Contract Times, claim for damage, or additional compensation by reason of such
a work stoppage. Corrective measures required to bring activities into compliance shall
be at the Contractor's expense.
4. Compliance with Construction General Storm water Permit. Contractor shall be required
to comply with all aspects of the State Water Resources Control Board (State Board)
Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination
System General Permit for Storm Water Discharges Associated with Construction Activity
(Permit) for all projects that involve construction on or disturbance of one acre or more of
land or which are part of a larger common area of development.
(a) Contractor shall prepare and implement a Storm Water Pollution Prevention Plan
(SWPPP) for the Project site based on the appropriate Risk Level requirements, and
draft and coordinate submittal of all Permit related documents with City’s Legally
Responsible Person and/or Authorized Signatory as those terms are defined in the
Permit. The Contractor shall submit the SWPPP to the City Representative for review
not less than fifteen
(15) Days prior to the start of on- site construction work. City will file the Notice of
Intent and pay the filing fee.
(b) The SWPPP shall be developed by a Qualified SWPPP Developer and implemented
by a Qualified SWPPP Practitioner as those terms are defined in the Permit and shall
include industry standard requirements for water quality control including but not be
limited to the following:
(1) Sediment and erosion control measures to manage sediment and erosion
including vegetative practices, structural control, silt fences, straw dikes,
sediment controls or operator controls as appropriate. Storm water
management measures shall be instituted as required, including velocity
dissipaters, and solid waste controls shall address controls for building materials
and offsite tracking of sediment.
(2) Wastewater and storm water management controls to divert offsite surface flows
around the Project site and to divert surface flows within the Project area away
from areas of open earth or stockpiles of building and other materials.
Wastewater from general construction activities, such as drain water collection,
aggregate processing, concrete batching, drilling, grouting, or other construction
operations, shall not enter flowing or dry watercourses without having met the
authorized non-storm water discharge requirements listed in State Board Water
Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification
to the Regional Water Board.
125 GENERAL REQUIREMENTS
12/2023
(3) Pollution prevention measures including methods of dewatering, unwatering,
excavating, or stockpiling earth and rock materials which include prevention
measures to control silting and erosion, and which will intercept and settle any
runoff of sediment-laden waters.
(4) Turbidity prevention measures for prevention of excess turbidity including, but
are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment
dikes, flocculating processes, recirculation, combinations thereof, or other
approved methods that are not harmful to aquatic life. All such wastewaters
discharged into surface waters, shall contain the least concentration of
settleable material possible, and shall meet all conditions of section 402, the
National Pollutant Discharge Elimination System (NPDES) permit.
(5) Overall construction site management measures to address changes at the
Project site as the Project moves through different phases and changes that
account for rainy and dry season management practices.
(6) Pollution control measures and construction activity methods that will prevent
entrance, or accidental spillage, of solid matter, contaminants, debris, or other
pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands,
reservoirs, or underground water sources. Such pollutants and wastes include,
but are not restricted to: refuse, garbage, cement, sanitary waste, industrial
waste, hazardous materials, radioactive substances, oil and other petroleum
products, aggregate processing, tailings, mineral salts, and thermal pollution.
(7) Control measures for stockpiled or deposited materials prohibiting the stockpile
or deposit of excavated materials, or other construction materials, near or on
stream banks, lake shorelines, or other watercourse perimeters where they can
be washed away by high water or storm runoff, or can, in any way, encroach
upon the watercourse.
(8) Develop and implement a Rain Event Action Plan (REAP), if required, that must
be designed and implemented to protect all exposed portions of the site 48 hours
prior to any likely precipitation event.
(9) Monitoring, reporting and record keeping, as necessary to achieve compliance
with applicable Permit requirements, including but not limited to annual reports
and rain event reports.
(c) Before any Permit related documents, including the SWPPP, rain event reports, or
annual reports may be submitted to the State Board or implemented on the Project
site, they must first be reviewed and approved by City.
(d) City retains the right to procure and maintain coverage under the Permit for the Project
site if the Contractor fails to draft a SWPPP or other Permit related document, or fails
to proceed in a manner that is satisfactory to City. City reserves the right to implement
its own SWPPP at the Project site, and hire additional contractors to maintain
compliance. Whether Contractor has adequately maintained compliance with the
Permit shall be City’s sole determination. In the event that Contractor has failed or is
unable to maintain compliance with the Permit, any costs or fines incurred by City in
implementing a SWPPP, or otherwise maintaining compliance with the Construction
General Permit shall be paid by the Contractor.
126 GENERAL REQUIREMENTS
12/2023
(e) Failure to implement the SWPPP or otherwise comply with the Permit is a violation of
federal and state law. Contractor hereby agrees to indemnify City as required by the
Contract Documents for any noncompliance or alleged 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 City. 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.
5. In addition to compliance with the Permit, Contractor shall comply with the lawful
requirements of any applicable municipality, district, drainage district, flood control
district, and other local agencies regarding discharges of storm water, surface water,
groundwater or other nuisance waters off of the Project site.
6. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter referred to
collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing
or dry watercourses, lakes, wetlands, reservoirs, and any other water source.
(b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded
and sloped to permit safe containment of leaks and spills equal to the capacity of all
tanks and/or containers located within each area, plus a sufficient amount of
freeboard to contain the 25-year rainstorm.
(c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils
thick. Areas used for refueling operations shall have an impermeable liner at least 10
mils thick buried under 2 to 4 inches of soil.
(d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a
construction site is such that oil from an accidental spillage could reasonably be
expected to enter into or upon the navigable waters of the United States or adjoining
shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a
single container has a capacity in excess of 660 gallons, the Contractor shall prepare
an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least
30 days prior to delivery or storage of oil at the site. The Plan must have been
reviewed and certified by a registered professional engineer in accordance with 40
C.F.R., part 112
7. Underground tank prohibition. The Contractor shall not use underground storage tanks.
8. Construction safety standards. The Contractor shall comply with the sanitation and
potable water requirements of Section 7 of United States Bureau of Reclamation's
publication “Reclamation Safety And Health Standards.”
9. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions. The
Contractor shall obtain all other necessary licenses and permits.
(b) Monitoring. The Contractor is required to conduct monitoring in order to meet the
requirements of the permits, which may include sampling, testing and inspections.
127 GENERAL REQUIREMENTS
12/2023
(c) Recordkeeping. The Contractor shall retain all records and data required by the
permits for the time specified in the contract.
10. Cost. Except as specified herein, the cost of complying with this section shall be
included in the Schedule of Pay Items for work which necessitate the water pollution
prevention measures required by this paragraph.
H California Air Resources Board (“CARB”)
1. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
requirements of the most current version of the regulations imposed by California Air
Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13,
California Code of Regulations Division 3, Chapter 9 and all pending amendments
(“Regulation”).
2. Throughout the Project, and for three (3) years thereafter, Contractor shall make available
for inspection and copying any and all documents or information associated with
Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of
Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions
records, and any other information the Contractor is required to produce, keep or maintain
pursuant to the Regulation upon two (2) calendar days’ notice from the City.
3. Cost. Contractor shall be solely liable for any and all costs associated with compliance
with the Regulation as well as for any and all penalties, fines, damages, or costs
associated with any and all violations, or failures to comply with the Regulation. Contractor
shall defend, indemnify and hold harmless the City, its officials, officers, employees and
authorized volunteers free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Regulation.
END OF GENERAL REQUIREMENTS
ATTACHMENT 1
FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s
policies, rules and regulations and are familiar with the requirements of Title 13, California Code
of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder
hereby certifies, subject to penalty for perjury, that the option checked below relating to the
Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate
Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed
description of the subject vehicles, and reasoning for exemption has been attached
hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel
as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed
records describing the normal refueling methods, their attempts to procure renewable
diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third-
party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section
2449(i)(4) because this Project has been deemed an Emergency, as defined under
section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency
situation and records of the exempted vehicles must be maintained, pursuant to section
2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed
reasoning is attached hereto.
Name of Bidder: ___________________________________________________
Signature: ________________________________________________________
Name: ___________________________________________________________
Title: ____________________________________________________________
Date: ____________________________________________________________
TECHNICAL SPECIFICATIONS
FOR
AZUSA AVENUE PAVEMENT REHABILITATION – PHASE I
ALL WORK SHALL CONFORM TO THE LATEST EDITIONS OF STANDARD PLANS AND SPECIFICATIONS OF THE
CITY OF AZUSA, CALTRANS, STANDARD PLANS & SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
(GREEN BOOK); AND CALTRANS PERMANENT PEDESTRIAN FACILITIES ADA COMPLIANCE HANDBOOK. 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.
ORDER OF WORK:
• A project schedule shall be submitted prior to the pre-construction meeting.
• Prior to commencing work the Contractor shall submit the following items to the Engineer
for review:
1. Baseline Schedule
2. Advanced Public Notification (Construction Notice)
3. Provide 24-Hr Emergency Contact (Name and Cell Number)
4. Designation of Project Superintendent
5. Traffic Control Plans
6. Material Submittals (on City of Azusa Submittal Review Form)
• Portland Cement Concrete Mix Design
• Asphalt Concrete Mix Design
• Crushed Aggregate Base (CAB)
• Truncated Domes
7. Certificate(s) of Compliance
• Asphalt Concrete Mix Design
NOTE: The City reserves the right to require additional submittals from the Contractor that are
not specifically identified above.
BASELINE SCHEDULE:
The Contractor shall furnish to the Engineer a detail schedule for the concrete work. The schedule
shall list the dates when concrete will be removed and poured on all streets. The Contractor shall
adhere diligently to said detail schedule in the execution of the contract work. The schedule shall
identify the day and date work is proposed on a given street segment. The work shall not start if the
Contractor does not submit a detailed work schedule for review and approval.
The Contractor shall provide vehicular and pedestrian access to all businesses during the construction
of the project. Excavated curb ramps, sidewalks, drive approaches and alley approaches that will not
be poured the following day must be backfilled with crushed aggregate base or temporary asphalt to
allow pedestrians to safely travel across these construction areas. Contractor shall be responsible to
make these temporary backfilled areas safe and under no circumstance, pedestrians shall be forced to
walk on the street to go around these construction areas.
ADVANCED PUBLIC NOTIFICATION:
The Contractor shall deliver the following notices in the form of a door hanger or a notification letter:
• Two (2) weeks prior to beginning work on a specific street segment, the Contractor shall
deliver a written notice regarding the project to all members of the public affected, including
but not limited to residents, businesses, and schools. Distribution of notices shall also include
members of the public located on adjacent streets to which access will be restricted due to
construction activities. The notice shall state the construction activities to occur with emphasis
on the specific activities that will, in any way, inconvenience the public, affect their
operations, or restrict access to their properties. The notice shall include the scheduled start
dates and duration of construction work for each phase or activity. The name, address, and
contact number of the Contractor’s Project Superintendent and the City’s contact for the
project shall also be shown on the notice.
• Three (3) days prior to the beginning of work on a specific street segment, the Contractor shall
deliver another written notice to the same members of the public. The Contractor shall
specifically mention the name of the street(s) where construction activities are scheduled. For
each street, a two-day window when work is planned to occur shall be specified with start and
end dates for the construction activities. The notice shall mention that actual work may occur
on either day of the two-day window. Additional three-day notices shall be required if there
is a prolonged break that exceeds two weeks in duration between work activities. Separate
three-day notices shall be required for the chip seal and micro- surfacing work unless the time
between the placement of layers is short enough to avoid public complaints. The Engineer
shall determine whether addition notices shall be required. Separate three-day notices are not
required prior to weed removal, tree trimming, or pavement striping if these activities are
sufficiently described in the two-week notice and the notices have been delivered.
• The Contractor shall not be permitted to perform work on a specific street segment until the
required notices have been delivered.
• Copies of both notices shall be provided to the City for approval five (5) working days prior
to the distribution date of each notice.
The Contractor shall notify the following agencies 2 weeks prior to the start of construction. Copies of
the APPROVED advance construction notifications shall also be distributed to the agencies below. The
Azusa Police Department shall be notified 24 Hrs in advance of any lane/road closures.
• Azusa Police Department Dispatch (626) 812-3200
• Fire Department Station 32 (626) 334-0011
• Fire Department Station 97 (626) 334-5602
• U.S. Postal Service (800) 275-8777
• Foothill Transit (626) 931-7225
• Azusa Unified School District (626) 967-6211
• Athens Services (888) 336-6100
• Azusa Dial-A-Ride (626) 812-5206
• Azusa Water (626) 812-5063
• Azusa Electric (626) 812-5172
• SoCal Gas (909) 335-7825
24-HOUR EMERGENCY CONTACT:
The Contractor shall provide a 24-hour emergency contact to the City prior to commencing work.
DIG ALERT:
The Contractor shall notify Dig Alert 48 hrs prior to commencing work. The Contractor is responsible
to provide a Dig Alert number to the City’s Public Works Inspector.
POTHOLING
The Contractor is responsible to pothole and verify the location of all existing underground utilities at
their expense. The Contractor shall verify all existing conditions before commencing work. All
discrepancies between the project documents and actual field conditions shall be immediately reported
to the Engineer, who shall determine if modifications to the work are necessary. The Contractor shall
not modify the work without prior authorization from the Engineer. Any removal, repair, or replacement
caused by the Contractor’s failure to recognize or report unsuitable conditions shall be performed by
the Contractor at the Contractor’s sole cost and expense.
SOILS AND MATERIALS TESTING
The Contractor is responsible for soils and materials testing including but not limited to subgrade relative
compaction, crushed aggregate base and crushed miscellaneous base compaction, asphalt placement
temperature and compaction and concrete strength in accordance with the approved Plans and
Specifications. Testing shall be conducted at the locations and frequency established by the Inspector.
The following test methods shall be used for determining relative compaction:
California Test 231 (Nuclear Gauge Method)
The subgrade and base materials shall be compacted to 95% relative compaction unless noted
otherwise. If compaction fails to meet the contract specifications, then the Contractor shall make the
necessary adjustments and is responsible for the cost of additional compaction tests until compaction
per the specifications is met.
Payment for material testing shall be included in Bid Item No. 1. No additional compensation
will be made therefor.
BID ITEM NO. 1 - MOBILIZATION, BONDS, INSURANCE AND DEMOBILIZATION:
This shall include full compensation for furnishing all labor and materials, including tools, equipment
and incidentals, and for performing all of the work involved in placing, removing, storing,
maintaining, moving to new locations, replacing, disposing of equipment and material testing as
specified in the Standard Specifications and these Technical Specifications, and as directed by the
Engineer. At the completion of the Work, Contractor must remove from the worksite all of its
equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat
appearance. Before demobilizing from the Worksite, Contractor must ensure that all surfaces are
cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the
like have been properly removed from the completed Work and the surrounding areas, leaving those
areas in the condition originally found or better.
Payment
Bid Item No. 1 “Mobilization, Bonds, Insurance and Demobilization” is listed as a separate bid
item and shall be paid as a Lump Sum (LS) and include but not be limited to, furnishing all labor,
materials, tools, equipment, and incidentals for mobilization, bonds, insurance and
demobilization and no additional compensation will be made therefor.
BID ITEM NO. 2 - CONSTRUCTION SAFETY, TRAFFIC CONTROL, 6 CMS BOARDS,
DAILY CLEANUP, AND CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP):
The Contractor shall provide a traffic control plan for each all streets included in the scope of work,
unless the Engineer waives this requirement in writing for a given street. Traffic control plans shall
also be required on street segments covered by an outside agency permit. The traffic control plans
shall be specific for the required work on each street and for each phase of the project, including
traffic control required at intersections and shall include provisions for pedestrian and bicycle, and
access through the work zone during construction.
At the discretion of the City Engineer and only if the site conditions allow the work to be performed
in a safe manner, the Contractor may use traffic control from the CA MUTCD, WATCH, and/or CATTCH
latest edition manuals. All site-specific traffic control plans shall be certified by a licensed Civil Engineer or
Traffic Engineer registered in the State of California. The traffic control plans must be reviewed and approved
by the City prior to starting any work. The traffic control plans shall be submitted for all streets in the project
as one package for review by the City. Partial submittals may be rejected by the City.
The traffic control measures as designed by the Contractor and identified on the traffic control plan
shall be in place prior to the start of each day’s work. The traffic control measures shall include the
use of at least 6 changeable message signs (CMS). All traffic control plans shall include provisions
for pedestrian access through the work zone during construction.
The Contractor shall comply with Best Management Practices (BMP) guidelines identified in the LA
County Public Works BMP Manual. Each entry point to the storm drain system shall be protected
from sediment and pollutant entry. The methods and devices used shall allow the storm drain system
to function properly during rainfall events while still preventing the sediment and other pollutants
from entering the storm drain system.
Particular attention shall be given to the following:
1. All materials (ie. Asphalt, rock, gravel, sand, cement, etc.) shall be stored away from storm
drains and be covered with plastic tarps to protect from rain.
2. Cover and seal catch basins, drainage inlets and manholes to prevent polluted run-off from
construction activities to enter storm drain system.
3. During all saw-cutting activities, paving materials shall be vacuumed up and pumped to a
holding tank for disposal. All storm drain inlets shall be blocked or protected by a berm to
prevent paving materials from entering drainage system.
4. When cleaning up construction site, dirt, sand and other fine particulates shall be swept up and
disposed of in the trash. Washing/spraying site with water to be disposed of through a drainage
inlet is NOT permitted.
5. Monitor all heavy equipment for oil/gas leakage. If a leak occurs, do not “wash away” with
water, dispose of materials properly as outlined in the LA County Best Management Practices
guidelines latest edition.
6. All pollution mitigation devices shall be installed as per LA County Public Works Best
Management Practices guidelines latest edition and/or as deemed necessary by the Engineer.
NOTE: Contractor is responsible for ensuring all personnel, laborers, sub-contractors, suppliers,
and any other personnel that are involved with the work are trained in the implementation and
prevention of storm water pollution. Each worker shall be trained before being allowed to work.
Full compensation for conforming to the provisions in this section “Best Management
Practices,” shall be considered as included in the unit prices paid for the various items of work
requiring best management practices and no additional compensation will be allowed therefor.
Payment
Bid Item No. 2 “Construction Safety, Traffic Control, 6 CMS Boards, Daily Cleanup, and
Construction Best Management Practices (BMP)” is listed as a separate bid item and shall be paid as
a Lump Sum (LS) and include but not be limited to, furnishing all labor, materials, tools, equipment,
and incidentals for construction safety and traffic control, daily cleanup, construction best
management practices, and no additional compensation will be made therefor.
BID ITEM NO. 3 - RE-ESTABLISH ALL SURVEY MONUMENTS & CENTERLINE (CL)
TIES:
In accordance with the State of California Business & Professions Code §8771 and §8725, Penal Code
§605 and Government Code §27581, monument preservation shall be conducted to perpetuate
monuments in jeopardy of being destroyed due to planned construction on every public project. The
contractor shall hire a California Licensed Land surveyor prior to construction. The Contractor’
surveyor shall:
Research all available maps and notes of record; conduct a diligent search for all survey monuments
within the project limits, reference or "tie out" all monuments subject to disturbance, destruction or
missing; prepares and files a pre-construction Corner Record "A" with the County Surveyor's Office
(or a Record of Survey, if required by law) depicting the location and character of the original found
monuments and those missing monuments before they were destroyed. The surveyor shall submit a
draft of the corner records/record of survey to the city for review prior to filing with the County
Surveyor’s Office.
After the roadway is paved in Phase II, the surveyor shall:
Perpetuate the original monuments by setting new monuments on the surface of the newly built
improvements, prepares and files a post-construction Corner Record "B" depicting the location and
character of the new monuments complying with California state law.
Payment
Measurement and payment for Bid Item No. 3 “Re-establish All Survey Monuments and Centerline
(CL)Ties” shall be paid as a Lump Sum (LS) and include but not limited to furnishing all labor,
materials, tools, equipment, filing fees, and incidentals for re-establishing all survey monuments and
ties within the project limits and no additional compensation will be made therefor.
BID ITEM NO. 4 - CONSTRUCTION STAKING AND SURVEY, LINE AND GRADE:
The Contractor shall hire a California Licensed Land Surveyor to prepare centerline notes, replace
centerline ties, survey monuments and bench marks in accordance with the technical specifications
of Bid Item #3. In addition, the Licensed Land Surveyor shall establish the elevations, set any grade
stakes, and additional survey work required to complete the Project. The City Engineer retains the
right to approve or disapprove of the Surveyor selected. Contractor is required to use any benchmark
provided by the City Engineer.
Contractor must also provide, preserve, and replace if necessary, all construction stakes required for
the Project. All construction staking must be set by a California licensed surveyor or a California
registered civil engineer entitled to practice land surveying. Contractor must notify the Engineer of
any discrepancies found between the construction staking and the grading information provided in
the Contract Documents. Upon completion, all work must conform to the lines, elevations, and grades
shown in the Plans.
If requested by the City Engineer, the Contractor’s Surveyor shall provide a topographic survey for
any areas that do not meet ADA standards or areas with drainage issues, including but not limited to
sidewalks, curb and gutter, curb ramps (including top and bottom landings), driveways and
longitudinal gutters. The extent of survey shall be sufficient to ensure a compliant transition from
private property to the public right of way. The deliverable shall be a CAD file in DWG format and a
scaled PDF of the area surveyed.
Payment
Measurement and Payment for Bid Item No. 4 “Construction Staking and Survey, Line and Grade”
shall be paid as a Lump Sum (LS) and include but not be limited to, furnishing all labor, materials,
tools, equipment, and incidentals for construction staking and survey, line and grade, and no
additional compensation will be made therefor.
BID ITEM NO. 5 - REMOVE AND REPLACE SIDEWALK PER CITY OF AZUSA
STANDARD R6-2:
The Contractor shall remove and replace Sidewalk as shown on the construction drawings. The new
sidewalk shall be constructed per the City of Azusa Standard Plan R6-2 and be ADA compliant. In
addition, this bid item includes the cost of demolition, hauling and disposal of concrete debris, excess
grading spoils, clearing and grubbing of landscape, the cost to saw cut the existing sidewalk and/or
PCC pavement, grade and backfill if required, preparation of the subgrade, and adjust to grade existing
utilities including utility vaults, pull boxes, water/gas meters, valve cover/lids and any other surface
utilities within the sidewalk if deemed necessary by the Engineer.
This bid item shall also include the cost to grade and compact subgrade to 90% relative compaction.
Payment
Payment for Bid Item No. 5 “Remove and Replace Sidewalk Per City of Azusa Standard R6-2” shall
be paid at the contract price per square foot (SF) and include but not be limited to, furnishing all labor,
materials, backfill, tools, equipment, adjusting to grade existing surface utilities, and incidentals for
removing and replacing sidewalk, and no additional compensation will be made therefor.
BID ITEM NO. 6 - REMOVE AND REPLACE CURB AND GUTTER PER CITY OF AZUSA
STANDARD R4-2, AND RECONSTRUCT ASPHALT ABUTTING CONCRETE PER CITY
OF AZUSA STANDARD PLAN R11-2:
The Contractor shall remove and replace Curb and Gutter as shown on the construction drawings. The
new curb and gutter shall be constructed per the City of Azusa Standard Plan R4-2”. In addition, this
Bid Item includes the cost of demolition, hauling and disposal of concrete debris and excess grading
spoils, the cost to saw cut the existing curb and gutter and AC pavement, grade and compact the
subgrade to 95% relative compaction, and the reconstruction of asphalt abutting the curb and gutter
per the City of Azusa Standard Plan R11-2.
All painted curbs that are removed and replaced shall be repainted to match the original color, and
shall be included in the cost of this Bid Item.
Payment
Payment for Bid Item No. 6 “Remove and Replace Curb and Gutter Per City of Azusa Standard Plan
R4-2, and Reconstruct Asphalt Abutting Concrete Per City of Azusa Standard Plan R11-2”, shall be paid at
the contract price per lineal foot (LF) and include but not be limited to, furnishing all labor, materials,
tools, equipment, and incidentals for removing and replacing curb and gutter, and no additional
compensation will be made therefor.
BID ITEM NO. 7 - REMOVE & CONSTRUCT ADA CURB RAMP WITH
TRUNCATED DOME PER LATEST CALTRANS STANDARD PLAN A88A &
SPECIFICATIONS, AND REMOVE AND CONSTRUCT ADJOINING CURB &
GUTTER PER CITY OF AZUSA STANDARD PLANS R4-2 AND R11-2 :
The Contractor shall remove and replace the ADA curb ramps identified in the Construction drawings.
This Bid Item includes the cost of demolition, hauling and disposal of the existing concrete ramps and
their appurtenances, including but not limited to sidewalk, curb and gutter, pull boxes, water/gas meters,
valve covers/lids, bollards and any other surface utilities within the curb ramps. In addition, this bid
item shall include the cost to adjust to grade the aforementioned utilities if deemed necessary by the
Engineer, and to grade and compact the subgrade to 90% relative compaction (R.C.)
The curb ramps shall be constructed per the latest Caltrans Standard Plans & Specifications. The curb
and gutter adjoining the curb ramp shall be removed, disposed of and constructed per City of Azusa
Standard Plan R4-2, and shall be constructed in separate pours. The asphalt abutting the curb ramp curb
and gutter shall be included in this bid item and shall be reconstructed per City of Azusa Standard R11-
2.
The truncated domes shall be Safety Step Truncated Domes, Equaltile Conventional Line or Approved
Equal; must be yellow in color, surface mounted, and have a 2.35” dome spacing from center to center.
Payment
Measurement and payment for Bid Item No. 7 “Remove and Construct ADA Curb Ramp with Truncated
Dome per Latest Caltrans Standard Plan A88A and Specifications; and Remove and Construct
Adjoining Curb and Gutter per City of Azusa Standard Plans R4-2 and R11-2”, shall be paid at the
contract unit price per each (EA) and include but not be limited to, the replacement of curb and gutter
and sidewalk along the curb return from the beginning of curve (BC) to the end of curve (EC). In
addition, payment for this bid item shall include but not be limited to, replacing abutting asphalt to new
curb and gutter, adjusting to grade existing surface utilities including but not limited to utility vaults,
pull boxes, water/gas meters, valve covers/ lids, manhole covers, pedestrian push button poles, street
light bollards, traffic signal poles and any other surface utilities within the ADA ramps, furnishing all
labor, materials, tools, equipment, and incidentals for the removal and replacement curb ramps, and no
additional compensation will be made therefor.
BID ITEM NO. 8: INSTALL CONCRETE BUS PAD PER SPPWC STANDARD 131-3, AND
RECONSTRUCT ASPHALT ABUTTING CONCRETE PER CITY OF AZUSA STANDARD
PLAN R11-1, TYPE 2:
The Contractor shall construct the bus pads shown on the construction drawings. The new bus pads shall
be constructed per SPPWC standard 131-3. In addition, this Bid Item shall include the cost of
demolition, hauling and disposal of concrete and AC debris and any surplus earthwork material, the cost
to saw cut the existing pavement, grade and compact the subgrade and the crushed aggregate base (CAB)
and the reconstruction of asphalt abutting the curb and gutter per the City of Azusa Standard Plan R11-
2.
The subgrade and base materials shall be compacted to 95% relative compaction unless noted
otherwise. If compaction fails to meet the contract specifications, then the Contractor shall make the
necessary adjustments and is responsible for the cost of additional compaction tests until compaction
per the specifications is met.
Payment
Payment for Bid Item No. 8 “Install Concrete Bus Pad Per SPPWC Standard Plan 131-3, and
Reconstruct Asphalt Abutting Concrete Per City of Azusa Standard Plan R11-2” shall be paid at the
contract price per each (EA) and include but not be limited to, furnishing all labor, materials, tools,
equipment, and incidentals for constructing new concrete bus pads and no additional compensation will
be made therefor.
BID ITEM NO. 9 - REMOVE EXISTING DRIVE APPROACH AND CONSTRUCT 8”
THICK DRIVE APPROACH PER CITY OF AZUSA STANDARD R5-2, AND
RECONSTRUCT ASPHALT ABUTTING CONCRETE PER CITY OF AZUSA STANDARD
PLAN R11-2:
The Contractor shall remove and replace the driveway approaches identified in the Construction
drawings. This Bid Item includes the cost of demolition, hauling and disposal of the existing concrete
approaches and their appurtenances, including but not limited to traffic loops, landscape, sidewalk, curb
and gutter, pull boxes, water/gas meters, utility vaults, valve covers/lids, manhole covers and any other
surface utilities within the driveway approach. In addition, this bid item shall also include the cost to
adjust to grade the aforementioned utilities if deemed necessary by the Engineer, and the replacement
of striping legends and markings that are removed during construction. The City Engineer reserves the
right to request for compaction testing of the subgrade and crushed aggregate and no additional
compensation will be allowed therefor.
The new drive approaches shall be constructed per the City of Azusa Standard Plan R5-2. The curb and
gutter adjoining the drive approach are included in this bid item and shall be removed, disposed of and
constructed per City of Azusa Standard Plan R4-2, and shall be constructed in separate pours. In
addition, the asphalt abutting the drive approach curb and gutter shall be included in this bid item and
shall be reconstructed per City of Azusa Standard R11-2.
The contractor shall provide vehicular and pedestrian access to all businesses during the construction of
the project. The removal of all drive approaches shall be coordinated with the affected businesses.
The new driveway approaches shall be made ADA accessible by providing a minimum 48-inch path of
travel with a cross slope less than 2 percent. If the Engineer finds it necessary, the contractor shall
provide a topographic survey in accordance with “Construction Staking and Survey” and no additional
compensation will be allowed therefor.
Payment
Measurement and payment for Bid Item No. 9, “Remove Existing Drive Approach and Construct 8”
Thick Drive Approach Per City of Azusa Standard R5-2, and Reconstruct Asphalt Abutting Concrete Per
City of Azusa Standard Plan R11-2”, shall be paid at the contract unit price per each (EA) and include but
not be limited to, the replacement of curb and gutter and abutting asphalt, 95% relative compaction
testing, and include but not be limited to, furnishing all labor, materials, tools, equipment, the
replacement of striping legends and markings that are removed during construction, and incidentals for
the removal and replacement of drive approaches, and no additional compensation will be made therefor.
BID ITEM NO. 10: REMOVE AND REPLACE TYPE “A” CURB PER CITY OF AZUSA
STANDARD PLAN R4-2, AND RECONSTRUCT ASPHALT ABUTTING CONCRETE PER
CITY OF AZUSA STANDARD PLAN R11-2:
The Contractor shall remove and replace Type”A” Curb per City of Azusa Standard Plan R4-2, as shown
on the construction drawings. The Curb shall be constructed to match existing adjacent median curb.
This Bid Item includes the cost of demolition, hauling and disposal of concrete debris and excess
grading spoils, the cost to saw cut the existing curb and AC pavement, grade and compact the subgrade
to 95% relative compaction, and the reconstruction of asphalt abutting the curb per the City of Azusa
Standard Plan R11-2.
Payment
Payment for Bid Item No. 10 “Remove and Replace Type”A” Curb per City of Azusa Standard Plan
R4-2, and Reconstruct Asphalt Abutting Concrete Per City of Azusa Standard Plan R11-2”, shall be
paid at the contract price per lineal foot (LF) and include but not be limited to, furnishing all labor,
materials, tools, equipment, and incidentals for removing and replacing median curb, and no
additional compensation will be made therefor.
BID ITEM NO. 11 - REMOVE & REPLACE ALLEY APPROACH PER CITY OF AZUSA
STANDARD R8-2, AND RECONSTRUCT ASPHALT ABUTTING CONCRETE PER CITY OF
AZUSA STANDARD PLAN R11-2:
The Contractor shall remove and replace the Alley Approaches identified in the construction
drawings. This Bid Item includes demolition, hauling and disposal of the existing concrete and their
appurtenances, and is not limited to traffic loops, landscape, sidewalk, curb and gutter and abutting
asphalt, pull boxes, water/gas meters, utility vaults, valve covers/lids, manhole covers and any other
surface utilities within the Alley Approach. In addition, this bid item shall also include adjusting to
grade or if deemed necessary by the Engineer.
The new Alley Approaches shall be constructed per the City of Azusa Standard Plan R8-2. This bid
item shall also include the installation of 6-inches of crushed aggregate base compacted to 95%
relative compaction. The City Engineer reserves the right to request for compaction testing of the
subgrade and crushed aggregate and no additional compensation will be allowed therefor. The
variable curb height (full height to flush) along portions of the Alley Approach shall be monolithic
with the Alley Approach. In addition, the asphalt abutting the alley approach curb and gutter shall be
included in this bid item and shall be reconstructed per City of Azusa Standard R11-2.
The new Alley Approaches shall be made ADA accessible by providing a minimum 48-inch path of
travel with a cross slope less than 2 percent. If the Engineer finds it necessary, the contractor shall
provide a topographic survey in accordance with “Construction Staking and Survey, Line and Grade”
and no additional compensation will be allowed therefor. The installation of truncated domes shall
not be required at alley approaches.
Payment
Payment for Bid Item No. 11 “Remove & Replace Existing Alley Approach Per City of Azusa
Standard R8-2, and Reconstruct Asphalt Abutting Concrete Per City of Azusa Standard Plan R11-2”,
shall be paid at the contract price per each (EA) and includes all work described above, and is not
limited to furnishing all labor, materials, tools, equipment, and incidentals for removing and replacing
Alley Approach, curb and gutter and abutting asphalt, and no additional compensation will be made
therefor.
BID ITEM NO. 12 - REMOVE & REPLACE CATCH BASIN LOCAL DEPRESSION PER
SPPWC STANDARD 313-4 CASE “B”, AND RECONSTRUCT ASPHALT ABUTTING
CONCRETE PER CITY OF AZUSA STANDARD PLAN R11-2:
The Contractor shall remove and replace the Catch Basin Local Depression per the Standard Plan for
Public Works Construction (SPPWC) Standard 313-4, Case “B”, as identified in the construction
drawings. This Bid Item includes demolition, hauling and disposal of the existing concrete and their
appurtenances. In addition, the asphalt abutting the local depression shall be included in this bid item
and shall be reconstructed per City of Azusa Standard R11-2.
Payment
Payment for Bid Item No. 12 “Remove & Replace Catch Basin Local Depression per the Standard
Plan for Public Works Construction (SPPWC) Standard 313-4, Case “B”, and Reconstruct Asphalt
Abutting Concrete Per City of Azusa Standard Plan R11-2”, shall be paid at the contract price per
each (EA) and includes all work described above, and is not limited to furnishing all labor, materials,
tools, equipment, and incidentals for removing and replacing Catch Basin Local Depression, and
abutting asphalt, and no additional compensation will be made therefore.
BID ITEM NO. 13 – REMOVE EXISTING PARKWAY SIGN AND INSTALL SIGN PER
CITY OF AZUSA STANDARD PLAN R15-2:
The Contractor shall remove, salvage, and re-install existing signs and sign posts per the City of Azusa Standard
Plan R15-2. The new location of the sign post shall be determined by the public works inspector. The contractor
shall replace all posts or “post anchors” damaged during demolition. The contractor shall be responsible for
storing the all signs removed before they are relocated.
Payment
Payment for Bid Item No. 13 “Remove Existing Parkway Sign and Install Sign Per City of Azusa
Standard Plan R15-2” shall be paid at the contract price per each (EA) and include but not be limited
to, furnishing all labor, materials, tools, equipment, and incidentals for removing and install existing
parkway sign and no additional nor separate compensation will be made therefor.
BID ITEM NO. 14: REMOVE AND REPLACE SPANDREL AND/OR CROSS GUTTER PER
CITY OF AZUSA STANDARD R7-2, AND RECONSTRUCT ASPHALT ABUTTING
CONCRETE PER CITY OF AZUSA STANDARD PLAN R11-2:
The Contractor shall remove and replace Spandrel and/or Cross Gutter as shown on the construction
drawings. The Spandrel and/or Cross Gutter shall be constructed per the City of Azusa Standard Plan R7-
2.
This Bid Item includes sawcutting existing Spandrel and/or Cross Gutter and Asphalt Concrete pavement,
demolition, hauling and disposing concrete debris and excess grading spoils, grading and compacting the
subgrade, and constructing the asphalt concrete abutting the Spandrel and/or Cross Gutter per the City of
Azusa Standard Plan R11-2. The Spandrel and/or Cross Gutter shall maintain positive flow without low
spots.
Payment
Payment for Bid Item No. 14 “Remove and Replace Spandrel and/or Cross Gutter per City of Azusa
Standard Plan R7-2, and Reconstruct Asphalt Abutting Concrete Per City of Azusa Standard Plan R11-2”,
shall be paid at the contract price per square foot (SF), and shall include all work described above, and is
not limited to furnishing all labor, materials, tools, equipment, and incidentals for removing and replacing
Spandrel and/or Cross Gutter, and abutting asphalt, and no additional nor separate compensation will be
made therefor.
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AZUSA AVE
SHEET TITLESHEET NO.
CITY OF AZUSA GENERAL NOTES:
1.CONTRACTOR AGREES THAT THEY SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF THE CONSTRUCTION OF THIS
PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO WORKING HOURS; AND THAT
THE CONTRACTOR SHALL DEFEND, INDEMNIFY IT, AND HOLD THE OWNER, AND THE CITY OF AZUSA HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN
CONNECTION WITH THE PERFORMANCE OF THE WORK ON THIS PROJECT.
2.ALL WORK IN THE PUBLIC RIGHT-OF-WAY SHALL CONFORM TO THE STANDARD PLANS & SPECIFICATIONS OF THE CITY OF AZUSA LATEST EDITION, CALTRANS STANDARD PLANS
& SPECIFICATIONS LATEST EDITION, LOS ANGELES COUNTY PUBLIC WORKS STANDARD PLANS & SPECIFICATIONS LATEST EDITION, AND THE STANDARD PLANS &
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK) LATEST ADDITION. A COPY SHALL BE ON THE JOB SITE AT ALL TIMES. ALL WORK SHALL BE SUBJECT TO
CITY INSPECTOR'S ACCEPTANCE AS A CONDITION OF COMPLETION OF WORK BY THE CONTRACTOR.
3.CONTRACTOR SHALL BE RESPONSIBLE FOR RESTORING TO ITS ORIGINAL OR BETTER CONDITION, ANY DAMAGES DONE TO EXISTING FENCES, CURBS, STREETS, DRIVEWAYS,
LANDSCAPING AND STRUCTURES, AND EXISTING UTILITIES (NOT ADJUSTED ON PLANS). COST OF RESTORATIONS, IF ANY, SHALL BE THE CONTRACTOR'S ENTIRE EXPENSE.
4.WORKING HOURS SHALL BE FROM 7:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY
5.NO WORK IS ALLOWED ON CITY OBSERVED HOLIDAYS OR WEEKENDS WITHOUT PRIOR CITY AUTHORIZATION.
6.FOR ALL WORK IN THE PUBLIC RIGHT-OF-WAY, THE CONTRACTOR SHALL PROCURE ALL PERMITS AND LICENSES, PAY ALL CHARGES, FEES AND TAXES, AND GIVE ALL NOTICES
NECESSARY AND INCIDENTAL TO THE DUE AND LAWFUL PROSECUTION OF THE WORK.
7.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO LOCATE UTILITY SERVICE LINES AS REQUIRED FOR CONSTRUCTION.
8.DUE TO FEDERAL REGULATIONS TITLE 49, PART 192 (8), GAS COMPANIES MUST MAINTAIN ACCESS TO GAS VALVES AT ALL TIMES. THE CONTRACTOR MUST PROTECT AND
WORK AROUND ANY GAS VALVES THAT ARE IN THE PROJECT AREA.
9.THE CONTRACTOR SHALL HAVE COPIES OF THE PLANS ON THE PROJECT, AND BE FAMILIAR WITH ALL APPLICABLE STANDARDS.
10.ANY REVISIONS OR CHANGES TO THE APPROVED CONSTRUCTION PLANS WILL REQUIRE APPROVAL BY IN WRITING BY THE CITY ENGINEER.
11.CONTRACTOR SHALL BE RESPONSIBLE TO DOCUMENT ALL APPROVED CHANGES AND SUBMIT A SET OF "REDLINE" AS BUILT PLANS AT THE COMPLETION OF THE PROJECT.
12.DURING THE COURSE OF THE WORK, PEDESTRIANS, AND VEHICULAR ACCESS MUST BE MAINTAINED AT ALL TIMES.
13.ALL WORK SHALL BE SUBJECT TO THE CITY OF AZUSA INSPECTOR'S AND ACCEPTANCE AS A CONDITION OF COMPLETION OF WORK BY THE CONTRACTOR.
14.ALL EXISTING STRUCTURES AND SUBSTRUCTURES SHOWING ON THESE PLANS ARE FROM AVAILABLE RECORDS IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE
LOCATION OF SAID STRUCTURES AND SUBSTRUCTURES AND PROTECT THEM IN PLACE WHETHER OR NOT SHOWING ON THESE PLANS.
15.CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS AND SHALL SHOW REPORT ALL DISCREPANCIES TO THE CITY ENGINEER PRIOR TO COMMENCING OF WORK.
16.ALL DAMAGED, DESTROYED, OR DISTURBED CENTERLINE TIES OR SURVEY MONUMENTS ARE TO BE RESET IN ACCORDANCE WITH THE TECHNICAL SPECIFICATIONS.
17.THE CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT (USA) AT 1-800-227-2600, ALL PUBLIC UTILITY COMPANIES, AND OWNERS OF ALL PRIVATE FACILITIES WITHIN
THE AREA OF CONSTRUCTION AT LEAST SEVEN (7) WORKING DAYS IN ADVANCE OF PERFORMING ANY WORK WITHIN SAID AREA.
18.THE CONTRACTOR SHALL MAINTAIN ALL TRAFFIC CONTROL DEVICES 24 HOURS 7 DAYS A WEEK. 24/7 HOUR CONTACT IS ___________________ WHO CAN BE REACHED
AT_______________________.
19.THE CONTRACTOR SHALL NOTIFY THE PUBLIC WORKS INSPECTOR TWO (2) WORKINGS DAYS PRIOR TO COMMENCING WORK. THE NOTIFICATION TO BE CONFIRMED BY THE
PUBLIC WORKS INSPECTOR.
20.CONTRACTOR SHALL INSTALL CHANGEABLE MESSAGE SIGN(S) (C.M.S.) TWO WEEKS PRIOR TO COMMENCING WORK ANNOUNCING CONSTRUCTION START AND END DATES. THE
C.M.S. SIGN SHALL REMAIN UNTIL ALL WORK IS COMPLETED. THE NUMBER OF C.M.S. SHALL BE PER THE TECHNICAL SPECIFICATIONS.
21.CONTRACTOR SHALL BE RESPONSIBLE FOR WATER TESTING OF ROADWAY LIMITS.
22.THE CONTRACTOR SHALL REQUEST AN APPOINTMENT FOR INSPECTION SERVICES TWO (2) WORKINGS DAYS PRIOR TO THE PROPOSED INSPECTION DATE WITH THE PUBLIC
WORKS INSPECTOR. THE APPOINTMENT TO BE CONFIRMED BY PUBLIC WORKS INSPECTOR.
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AZUSA AVE. PAVEMENT
REHABILITATION
PROJECT - PHASE I
(CONCRETE IMPROVEMENTS)
AGENCY CONTACTS:
CITY OF AZUSA WATER DIVISION: KEN GODBEY - DISTRUBUTION SUPERVISOR & INSPECTOR...........................................(626) 812-5086
CITY OF AZUSA WATER DIVISION: MELISSA BARBOSA - ASSISTANT GENERAL MANAGER WATER OPERATIONS............. (626) 812-5173
CITY OF AZUSA ELECTRIC DIVISION: ..............................................................................................................................................(626) 812-5172
CITY OF AZUSA ENGINEERING DIVISION: ......................................................................................................................................(626) 812-5264
CITY OF AZUSA ENGINEERING DIVISION: PUBLIC WORKS INSPECTOR.....................................................................................(626) 523-7505
CITY OF AZUSA PARKS OPERATIONS: SUPERINTENDENT..............................……………….......................................................(626) 812-5259
AZUSA POLICE DEPARTMENT DISPATCH …………………………………………………………………….........................................(626) 812-3200
FIRE DEPARTMENT STATION NO.32 …………………………………………………………..……………….........................................(626) 334-0011
FIRE DEPARTMENT STATION NO.97 …………………………………………………………..……………….........................................(626) 334-5602
THE GAS COMPANY:...........................................................................................................................................................................(323) 881-3601
SOUTHERN CALIFORNIA EDISON: ...................................................................................................................................................(616) 303-8447
FOOTHILL TRANSIT: ...........................................................................................................................................................................(626) 931-7225
ATHENS SERVICES ………………………….………………………………………………....…………....................................................(888) 336-6100
CHARTER COMMUNICATIONS:............................................................................................................................(951) 348-5100 EXTENSION:4183
U.S. POSTAL SERVICE …………………………………………………………..………………................................................................(800) 275-8777
AZUSA UNIFIED SCHOOL DISTRICT ……………………………………………………………..………………......................................(626) 858-4259
AZUSA DIAL-A-RIDE ……………………….…………………………………………………………..………………...................................(626) 812-5206
FOOTHILL TRANSIT AGENCY (FTA) NOTES:
WHEN A FOOTHILL TRANSIT AGENCY (FTA) BUS STOP IS IMPACTED NOTIFICATION IS REQUIRED AT (800) 743-3463, AND HENRY LOPEZ
AT (626) 931-7225, HLOPEZ@FOOTHILLTRANSIT.ORG TWO WEEKS PRIOR TO CONSTRUCTION. NOTIFICATION SHALL BE CONFIRMED
BY FTA DISPATCH, HENRY LOPEZ.
CITY OF AZUSA TRAFFIC CONTROL PLAN NOTES:
1.ALL WORK AND MATERIAL SHALL COMPLY WITH THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (M.U.T.C.D.), CALIFORNIA TEMPORARY TRAFFIC CONTROL
HANDBOOK (C.A.T.T.C.H.), OR WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.) LATEST EDITION.
2.ALL SIGNS SHALL BE REFLECTORIZED AND STANDARD SIZE.
3.THE CONTRACTOR SHALL HAVE ALL BARRICADES, DELINEATORS, SIGNS, ETC. PRIOR TO COMMENCING CONSTRUCTION.
4.THE CONTRACTOR SHALL MAINTAIN, ON A CONTINUOUS BASIS, ALL BARRICADES, DELINEATORS, SIGNS, ETC. TO ENSURE PROPER FLOW, AND SAFETY OF TRAFFIC DURING
CONSTRUCTION.
5.CONSTRUCTION OPERATIONS SHALL BE CONDUCTED IN SUCH A MANNER AS TO CAUSE AS LITTLE INCONVENIENCE TO ABUTTING AND ADJACENT PROPERTY OWNERS.
6.CONTRACTOR DURING NON-WORKING HOURS SHALL REMOVE FROM VIEW AND TURN OFF ALL, BARRICADES, CHANGEABLE MESSAGE BOARD SIGNS, DELINEATORS, SIGNS,
ETC. FROM TRAVEL LANES WHEN NOT IN USE.
7.WORKING HOURS SHALL BE FROM 7:00 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY.
8.NO WORK IS ALLOWED ON CITY OBSERVED HOLIDAYS.
9.ANY REVISION TO TRAFFIC CONTROL PLANS SHALL BE APPROVED IN WRITING BY THE CITY ENGINEER.
10.AFFECTED RESIDENTS AND BUSINESSES SHALL BE NOTIFIED 7 DAYS IN ADVANCE PRIOR TO COMMENCING WORK.
11.TEMPORARY R26 (CA) "NO PARKING" SIGNS SHALL BE POSTED 72 HOURS PRIOR TO COMMENCING WORK.
12.ALL CHANGES, AND/OR REVISIONS SHALL BE WRITING AND COPIES SHALL BE FORWARDED TO THE CITY ENGINEER.
13.THE CITY, THROUGH ITS DESIGNATED EMPLOYEES, RESERVES THE RIGHT TO INITIATE FIELD CHANGES TO ASSURE PUBLIC SAFETY, AND SHALL SUPERSEDE THIS PLAN. ALL
CHANGES SHALL BE IMPLEMENTED AT THE AT THE SOLE EXPENSE OF THE CONTRACTOR.
14.TRENCHES MUST BE BACK FILLED OR PLATED AND SECURED DURING NON-WORKING HOURS AS DIRECTED BY THE PUBLIC WORKS INSPECTOR.
15.PEDESTRIAN CONTROLS SHALL BE PROVIDED AS SHOWN ON PLANS.
16.ACCESS TO DRIVEWAYS SHALL BE MAINTAINED AT ALL TIMES UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER.
17.THE CONTRACTOR SHALL MAKE IMMEDIATE TEMPORARY REPAIRS TO ANY STREET LIGHT / TRAFFIC SIGNAL CONDUIT DAMAGE DURING CONSTRUCTION. PERMANENT REPAIRS
MUST BE WITHIN FIVE (5) WORKING DAYS.
18.ALL STRIPING REMOVED OR DAMAGED, SHALL BE REPLACED BY THE CONTRACTOR WITH LIKE MATERIAL. WITHIN 10 CALENDAR DAYS (OR REPLACED WITH TEMPORARY TABS,
THOUGH THE CONTRACTOR IS STILL RESPONSIBLE FOR THE FULL REPLACEMENT AS MENTIONED ABOVE.)
19.ALL FLAGGERS SHALL BE EQUIPPED WITH A HARD HATE, TWO-WAY RADIOS, AND C28 "STOP / SLOW" PADDLE. IN ADDITION, ALL FLAGGERS SHALL BE TRAINED IN THE PROPER
FUNDAMENTALS OF FLAGGING TRAFFIC.
20.ANY WORK THAT DISTURBS NORMAL TRAFFIC SIGNAL OPERATIONS SHALL BE COORDINATED WITH THE CITY OF AZUSA ENGINEERING DIVISION, 72 HOURS PRIOR TO
BEGINNING CONSTRUCTION.
21.THE CONTRACTOR SHALL MAINTAIN ALL TRAFFIC CONTROL DEVICES 24 HOURS A DAY AND 7 DAYS PER WEEK.
22.A MINIMUM OF TWELVE (12) FOOT TRAVEL LANES SHALL BE MAINTAINED IN EACH DIRECTION UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER..
23.CONTRACTOR SHALL INSTALL CHANGEABLE MESSAGE SIGN(S) (C.M.S.) TWO WEEK PRIOR TO COMMENCING WORK ANNOUNCING CONSTRUCTION START AND END DATES. THE
C.M.S. SIGN SHALL REMAIN UNTIL ALL WORK IS COMPLETED. THE NUMBER OF C.M.S. SHALL BE PER THE TECHNICAL SPECIFICATIONS.
24.NON-SKID CALTRANS APPROVED STEEL PLATES SHALL BE RECESSED IN TRENCH CROSSING ALL STREETS (AREA DESIGNATED BY THE CITY ENGINEER) AND INSTALLED PER
CALTRANS SPECIFICATIONS. PAVEMENT SHALL BE COLD PLANED TO A DEPTH EQUAL TO THE THICKNESS OF THE PLATE.
25.STEEL PLATES USED FOR BRIDGING MUST EXTEND A MINIMUM OF 12FT. BEYOND THE EDGES.
26.DURING THE COURSE OF THE WORK, PEDESTRIAN, AND VEHICULAR ACCESS SHALL BE MAINTAINED AT ALL TIMES.
27.ALL SIGNS SHALL CONFORM TO THE CURRENT CA MUTCD & THE UNITED STATES DEPARTMENT OF TRANSPORTATION BOOK OF STANDARD HIGHWAY SIGNS. UNLESS SHOWN
OTHERWISE ON THE PLANS, NO SIGNS SHALL OVERLAP. ALL TUBULAR DELINEATORS SHALL BE 36" MIN HEIGHT & CONES SHALL BE 28" MIN. HEIGHT & SHALL INCLUDE A 6" & 4"
HIGH INTENSITY REFLECTIVE SLEEVES.
28.POST SPEED LIMIT TO 25MPH WITHIN CONSTRUCTION ZONE PER MUTCD REQUIREMENTS. CONFLICTING SIGNS SHALL BE COVERED & UNCOVERED AS NEEDED & CONFLICTING
PAVEMENT MARKERS SHALL BE REMOVED WITH WET SAND BLASTING & RESTORED AT THE COMPLETION OF THE PROJECT.
29.CONTRACTOR SHALL SUBMIT A TRAFFIC CONTROL PLAN IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS.
DIGALERT NOTES:
1.CONTRACTORS SHALL CALL DIGALERT AT 811, 48 HOURS PRIOR TO COMMENCING ANY WORK
2.CONTRACTOR SHALL MARK THE SURROUNDING LIMITS OF EXCAVATION FOR THE PROPOSED WORK
3.CONTRACTOR SHALL VERIFY ALL AGENCIES HAS MARKED ALL UTILITIES
4.CONTRACTOR SHALL POT HOLE FOR EXISTING DEPTH OF UTILITIES PRIOR TO START OF CONSTRUCTION CONTRACTOR SHALL PERFORM CONSTRUCTION IN SUCH A MANNER
SO THAT NO DAMAGE WILL RESULT TO EITHER PUBLIC OR PRIVATE UTILITIES IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO DETERMINE THE ACTUAL LOCATIONS
OF, AND MAKE ACCOMMODATES TO MAINTAIN ALL UTILITIES
5.CONTRACTOR SHALL BE LIABLE FOR ALL DAMAGE(S) WHICH MAY RESULT FROM ITS FAILURE TO MAINTAIN UTILITIES DURING THE PROGRESS OF THE WORK
6.CONTRACTOR SHALL INDEMNIFY CITY AS REQUIRED BY THE CONTRACT DOCUMENTS FROM ALL CLAIMS ARISING OUT OF OR CONNECTED WITH DAMAGE TO UTILITIES
ENCOUNTERED DURING CONSTRUCTION; DAMAGES RESULTING FROM DISRUPTION OF SERVICE; AND INJURY TO PERSONS OR DAMAGE TO PROPERTY RESULTING FROM THE
NEGLIGENT, ACCIDENTAL, OR INTENTIONAL BREACHING OF UTILITIES, AND NO COMPENSATION WILL BE MADE THEREFOR
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AZUSA AVECONSTRUCTION NOTES:
REMOVE & REPLACE SIDEWALK PER CITY OF AZUSA STANDARD PLAN R6-2
REMOVE AND REPLACE CURB AND GUTTER PER CITY OF AZUSA STANDARD PLAN R4-2, AND RECONSTRUCT
ASPHALT ABUTTING CONCRETE PER CITY OF AZUSA STANDARD PLAN R11-2
REMOVE & CONSTRUCT ADA CURB RAMP WITH TRUNCATED DOMES PER LATEST CALTRANS STANDARD
PLANS A88A & SPECIFICATIONS; AND REMOVE AND CONSTRUCT ADJOINING CURB & GUTTER PER CITY OF
AZUSA STANDARD PLANS R4-2 AND R11-2
INSTALL CONCRETE BUS PAD PER SPPWC STANDARD PLAN 131-3, AND RECONSTRUCT ASPHALT ABUTTING
CONCRETE PER CITY OF AZUSA STANDARD PLAN R11-2
REMOVE EXISTING DRIVE APPROACH AND CONSTRUCT 8" THICK DRIVE APPROACH PER CITY OF AZUSA
STANDARD PLAN R5-2, AND RECONSTRUCT ASPHALT ABUTTING CONCRETE PER CITY OF AZUSA STANDARD
PLAN R11-2
REMOVE & REPLACE TYPE "A" CURB PER CITY OF AZUSA STANDARD PLAN R4-2, AND RECONSTRUCT
ASPHALT ABUTTING CONCRETE PER CITY OF AZUSA STANDARD PLAN R11-2
REMOVE & REPLACE ALLEY APPROACH PER CITY OF AZUSA STANDARD PLAN R8-2, AND RECONSTRUCT
ASPHALT ABUTTING CONCRETE PER CITY OF AZUSA STANDARD PLAN R11-2
REMOVE AND REPLACE CATCH BASIN LOCAL DEPRESSION PER SPPWC STANDARD PLAN 313-4 CASE "B",
AND RECONSTRUCT ASPHALT ABUTTING CONCRETE PER CITY OF AZUSA STANDARD PLAN R11-2
REMOVE EXISTING PARKWAY SIGN AND INSTALL PER CITY OF AZUSA STANDARD PLAN R15-2
REMOVE & REPLACE SPANDREL AND/OR CROSS GUTTER PER CITY OF AZUSA STANDARD PLAN R7-2, AND
RECONSTRUCT ASPHALT ABUTTING CONCRETE PER CITY OF AZUSA STANDARD PLAN R11-2
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CITY OF AZUSA CONSTRUCTION NOTES:
1.LANDSCAPE SHALL BE REPLACED TO THE SATISFACTION OF AZUSA'S PUBLIC WORKS SUPERINTENDENT OF PARKS AND FACILITIES.
2.CONTRACTOR SHALL POT HOLE FOR EXISTING DEPTH OF UTILITIES CONDUIT PRIOR TO START OF CONSTRUCTION.
3.PRIOR TO ANY EXCAVATION THE CONTRACTOR SHALL SUBMIT A CONCRETE MIX DESIGN FOR APPROVAL BY THE PUBLIC WORKS INSPECTOR OR CITY ENGINEER.
4.ALL CONCRETE SHALL BE REPLACED FROM SCORE LINE TO SCORE LINE.
5.CONTRACTOR TO MAINTAIN 4 FT. MINIMUM CLEARANCE FOR PEDESTRIAN TRAFFIC, OR ESCORT PEDESTRIANS AROUND THE WORK ZONE DURING CONSTRUCTION.
6.ALL EXCAVATION SHALL BE OPEN TRENCH. BORING IS NOT PERMITTED IN THE CITY OF AZUSA.
7.ALL MATERIAL SPECIFICATIONS AND REQUIRED CERTIFICATE OF COMPLIANCE SHALL BE SUBMITTED TO THE CITY OF AZUSA ENGINEERING DIVISION FOR REVIEW AND
APPROVAL 2 WEEKS PRIOR TO COMMENCING ANY WORK.
CITY OF AZUSA LIGHT AND WATER DEPARTMENT NOTES:
1.CONTRACTOR TO CONTACT ALW TO INSPECT ANY ALW FACILITY BELIEVED TO BE DAMAGED PRIOR TO CONSTRUCTION OR REMOVAL OF EXISTING CONCRETE.
2.REPLACEMENT OF ANY DAMAGED ALW FACILITIES NOT INSPECTED WILL BE AT THE CONTRACTORS EXPENSE.
3.CONTRACTOR TO NOTIFY AND INCLUDE ALW WATER DIVISIONS STAFF IN ALL PRE-CONSTRUCTION AND CONSTRUCTION MEETINGS.
4.CONTRACTOR SHALL PROTECT IN PLACE ALL EXISTING ALW FACILITIES AND SHALL TAKE SOLE RESPONSIBILITY FOR COST INCURRED DUE TO ANY MODIFICATION,
RELOCATION, DAMAGE, OR ALTERATION OF EXISTING ALW FACILITIES CAUSED BY THIS PROJECT TO SATISFACTION OF ALW WATER DIVISION.
5.CONTRACTOR IS REQUIRED TO ADHERE TO ALL ALW REQUIREMENTS, INCLUDING ALL SPACING AND CLEARANCE REQUIREMENTS BETWEEN UTILITIES PER ALW STANDARD
W-16 AND W-19. A MINIMUM OF 5 FEET HORIZONTAL SEPARATION AND 6" VERTICAL SEPARATION AT CROSSING (SOD TO OD) BETWEEN ALW WATER MAINS AND ANY OTHER
UTILITIES, EASEMENTS, AND STRUCTURES, ETC.
6.ANY DAMAGED ALW FACILITIES SHALL BE REPLACED IN KIND AT CONTRACTORS EXPENSE.
7.TO COMPLETE THIS WORK ALW WILL REQUIRE THAT THE VALVE CANS BE ACCESSIBLE AT ALL TIMES.
8.THE VALVE CANS BE KEPT CLEAN AND FILLED WITH PAVEMENT OR EARTH DEBRIS.
9.THE VALVE CAN COVERS BE ADJUSTED FLUSH WITH THE NEW PAVEMENT SURFACE.
10.ANY DAMAGED VALVE CANS AND COVERS BE REPLACED WITH NEW VALVE CANS AND COVERS PER ALW STANDARD DRAWING W-10 AND PAINTED PER ALW STANDARD
DRAWING W-20.
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CITY OF AZUSA PEDESTRIAN NOTES:
A DEDICATED INDIVIDUAL SHALL BE ASSIGNED THE RESPONSIBILITY OF ESCORTING PEDESTRIANS THROUGH THE WORK AREA IN ACCORDANCE WITH THE FOUR (4) MAJOR
CONSIDERATIONS:
1.PEDESTRIANS SHALL NOT BE LED INTO DIRECT CONFLICT WITH WORK SITE VEHICLES, EQUIPMENT, AND/OR OPERATION.
2.PEDESTRIANS SHALL NOT BE LED INTO DIRECT CONFLICT WITH MAINLINE TRAFFIC MOVING THROUGH, OR AROUND THE WORK SITE.
3.PEDESTRIANS SHALL BE PROVIDED WITH A REASONABLY SAFE AND CONVENIENT, AND ACCESSIBLE PATH THAT REPLICATES AS NEARLY AS PRACTICAL THE MOST DESIRABLE
CHARACTERISTICS OF THE EXISTING SIDEWALK FOOTPATH.
4.CONTRACTOR TO MAINTAIN 4 FT. MINIMUM CLEARANCE FOR PEDESTRIAN TRAFFIC, OR ESCORT PEDESTRIANS AROUND THE WORK ZONE DURING CONSTRUCTION.
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