PW No. 07-26-03
CITY OF ALAMEDA
PUBLIC WORKS DEPARTMENT
PROJECT MANUAL
Notice Inviting Bids
Instructions to Bidders
Proposal Requirements
Conditions and Bid Procedures
Award and Execution of Contract
Bid Proposal and Schedule
Sample Contractor Agreement
General Requirements
Special Provisions
Technical Specification
Attachments
and
Project Plans
For
Lincoln Ave/Marshall Way/Pacific Ave
Advanced Striping Project
PW No. 07-26-03
Sealed proposals are due 2:00 P.M., September 8, 2026
Scott Wikstrom, P.E
City Engineer
September 8, 2026
950 W Mall Square, Suite 110
Alameda CA 94501
Project Manager: Aaliyah Douglas
Telephone: 510-747-7941
Email: [email protected]
PW No. 07-26-03
TABLE OF CONTENTS
A. INTRODUCTORY PAGES
COVER PAGE
TABLE OF CONTENTS
B. BID PROPOSAL AND SCHEDULE ................................................................................... 1 1 NOTICE INVITING BIDS ................................................................................................................2 2 PUBLIC CONTRACT CODE INSTRUCTIONS TO BIDDERS ..................................................4 3 PROPOSAL REQUIREMENTS, CONDITIONS AND BID PROCEDURES .............................6 4 AWARD AND EXECUTION OF CONTRACT ............................................................................ 10 5 BID PROPOSAL TO THE CITY OF ALAMEDA ....................................................................... 12 6 CONSTRUCTION AGREEMENT ................................................................................................. 28 C. GENERAL REQUIREMENTS ............................................................................................ 50 1 TERMS AND DEFINITIONS ......................................................................................................... 51 2 SCOPE OF WORK .......................................................................................................................... 55 3 CONTROL OF WORK ................................................................................................................... 59 4 CONTROL OF MATERIALS ........................................................................................................ 64 5 PROGRESS OF WORK .................................................................................................................. 67 6 MEASUREMENT AND PAYMENT .............................................................................................. 75 7 LEGAL RELATIONS AND RESPONSIBILITY ......................................................................... 81 D. SPECIAL PROVISIONS ...................................................................................................... 90 1 GENERAL ........................................................................................................................................ 91 2 INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 92 3 LEGAL RELATIONSHIPS AND RESPONSIBILITY ................................................................ 95 4 PROSECUTION AND PROGRESS OF WORK .......................................................................... 96 5 MEASUREMENT AND PAYMENT .............................................................................................. 97 6 CONTRACT TIME AND PERMITTED WORKING HOURS ................................................ 104 7 PROJECT CLOSEOUT – SCOPE ............................................................................................... 105 8 PROJECT MEETINGS ................................................................................................................. 106 9 STORM WATER AND POLLUTION PREVENTION (NOT USED)...................................... 107 10 CONSTRUCTION WASTE MANAGEMENT (NOT USED) ................................................... 108 11 INTEGRATED PEST MANAGEMENT POLICY (NOT USED) ............................................. 109 12 LINES AND GRADES (NOT USED) ........................................................................................... 110 13 CONCURRENT ACTIVITIES ..................................................................................................... 111 14 SIGNS AND NOTICES .................................................................................................................. 112 15 LICENSE, FEES, AND PERMITS ............................................................................................... 115 16 DUST CONTROL .......................................................................................................................... 116 17 TEMPORARY FACILITIES ........................................................................................................ 118 18 SUBMITTALS ................................................................................................................................ 119 19 ASSIGNMENT ............................................................................................................................... 120 20 UTILITIES ...................................................................................................................................... 121 21 PROJECT RECORD DOCUMENTS .......................................................................................... 123 22 LIMITATION OF DESIGN PROFESSIONAL'S RESPONSIBILITY .................................... 124 E. TECHNICAL SPECIFICATIONS
PW No. 07-26-03
F. ATTACHMENTS
A. Bond Forms (Performance And Payment)
B. List of Mixed Construction and Demolition Processors C. City Of Alameda Standard Plans And Details
D. City Of Alameda Pedestrian And Traffic Control Plan Application Form And Checklist G. PROJECT PLANS
BID DOCUMENTS
1 B. BID PROPOSAL AND SCHEDULE
1. Notice Inviting Bids
2. Instructions to Bidders
3. Proposal Requirements, Conditions and Bid Procedures
4. Award and Execution of Contract
5. Bid Proposal, including:
5 Bid Proposal
5-1 Bid Schedule
5-2 Proposed Subcontractor Form
5-3 Equal Opportunity Employment Certification (Not Used) 5-4 Non-collusion Declaration
5-5 Questionnaire to General Contractors
5-6 Bidder’s Statement of Financial Responsibility, Technical Ability and Experience 5-7 Bidder’s Bond
5-8 Bidder’s Request for Material Substitution
5-9 Guaranty
5-10 Executed Agreement to be Bound to Project Stabilization Agreement (Not Used)
6. Sample Contractor Agreement
BID DOCUMENTS NOTICE INVITING BIDS
2 1 NOTICE INVITING BIDS
CITY OF ALAMEDA
STATE OF CALIFORNIA
PW No. 07-26-03
Lincoln Ave/Marshall Way/Pacific Ave
Advanced Striping Project
The City of Alameda (“City”) will accept sealed bids for its Lincoln Ave/Marshall Way/Pacific Ave Advanced Striping Project (“Project”), by or before September 8, 2026 at 2:00p.m., at the City’s Public Works Office, located at 950 West Mall Square, Suite 110, Alameda, CA 94501, at which time the bids will be publicly opened. No bids will be accepted unless submitted on the Bid Proposal and Schedule form provided in the Project Manual.
The Project includes, but is not limited to, performing the following Work:
Furnishing all labor, tools, equipment, materials, except as herein specified; and doing all work associated with the Lincoln Ave/Marshall Way/Pacific Ave Advanced Striping Project.
This Project is situated on the following City streets:
• Pacific Avenue from Main Street/Central Avenue to Fourth Street • Marshall Way from Fourth Street to Fifth Street
• Lincoln Avenue from Fifth Street to Wilma Chan Way/Eighth Street Approximate cost of construction: $320,000
There will be no prebid meeting for this Project.
The Contractor shall begin Work no later than five working days following the start date specified in the Notice to Proceed, which may be hand delivered or sent by email. The Contractor shall complete all Work on the Project within 50 Working days after the above start date.
The Contractor, and all Subcontractors, shall pay all workers not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations (“DIR”), State of California, for the Work performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by the DIR, are on file at the City. Prevailing wage rates are also available online at: http://www. dir.ca.gov.
Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight (8) hours. The rate for holiday and overtime work shall be at least time and one-half.
Pursuant to Public Contract Code (“PCC”) section 4104, no contractor or subcontractor shall be qualified to bid on, or be listed in a bid proposal unless currently registered to perform public work pursuant to Section 1725.5.
BID DOCUMENTS NOTICE INVITING BIDS
3 No bids will be accepted from a Contractor who has not been licensed in accordance with Business and Professions Code section 7000 and following. The General Contractor shall possess a valid Class A construction license issued by the California Contractors State License Board for this Project.
Printed or electronic copies of the plans, specifications, and contract documents, including the Project Manual, and/or any issued addenda may be obtained from BPX Printing & Graphics located at 4903 Central Avenue, Richmond, CA 94804 for a non-refundable cost of $125 per set, exclusive of shipping and handling. Copies of the documents may be viewed and ordered at https://www.alamedaplanroom.com/ or by contacting BPX at (510) 559-8299 or at [email protected]. Please contact BPX for ordering or downloading questions. To ensure receipt of any subsequent communications (e.g., an Addenda), each prospective bidder is responsible for confirming that their firm appears on the BPX plan holders’ list.
Bidders are responsible for obtaining any and all changes to the plans, specifications, proposal forms, addenda, other project notifications, and documents during the bid process.
A bid is invalid if the Bidder has not deposited it at the designated location prior to the time and date for receipt of bids indicated in this Notice Inviting Bids or prior to any addendum extension thereof.
The City reserves the right to reject any or all bids; to waive minor defects or technicalities; or to solicit new bids. As per PCC section 20170, all bids shall be submitted under seal and accompanied by cash, a bidder’s bond executed by an admitted surety insurer, a cashier’s check, or certified check payable to the City of Alameda in an amount equal to 10% of the total amount bid (PCC 20171).
Upon award of the contract, the successful Bidder shall furnish a bond for faithful performance in the amount of 100% of the total bid. The successful Bidder shall also furnish a bond to secure the payment of all claims for labor and material in the amount of 100% of the total bid. Further, the successful Bidder, and all subcontractors, shall pay for and obtain a City of Alameda Business License.
Retention: The Contractor may elect to receive 100% of payments due under the contract from time to time, without the City retaining any portion of the payment, by depositing securities of equivalent value with the City or in an escrow agent pursuant to PCC section 22300. Such securities, if deposited by the Contractor, shall be valued by the City’s Risk Manager whose decision on valuation of the securities shall be final.
The Contractor’s attention is called to the Business and Professions Code section 7108.5, which generally requires subcontractors to be paid not later than seven days after receipt of each progress payment.
Please direct any Project questions to Aaliyah Douglas at 510-747-7941, [email protected]. Questions must be asked by 5:00pm Tuesday, September 1, 2026.
CITY OF ALAMEDA
Erin Smith
Public Works Director Dated: September 2026
BID DOCUMENTS PUBLIC CONTRACT CODE INSTRUCTIONS TO BIDDERS 4 2 PUBLIC CONTRACT CODE INSTRUCTIONS TO BIDDERS
2-1 ADDENDA
Addenda are written or graphic instruments issued before the opening of the bids, which modify or interpret the Project Manual, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Contract is executed. 2-2 INTERPRETATION OF CONTRACT DOCUMENTS
If any person contemplating the submission of a bid for the proposed construction finds discrepancies in or omissions from, or is in doubt as to the true meaning of any part of the Project Manual, the person shall request an interpretation in writing, on or before 5:00pm on September 1, 2026. Any interpretation or correction will be issued as an Addendum by the Engineer. Only a written interpretation or correction by Addendum is binding. 2-3 APPROVAL OF MATERIALS
Each Bidder represents that the Bidder’s bid is based upon the materials, services, and equipment described in the Project Manual. No substitution will be considered unless it has been identified in the bid and substantiation is submitted in accordance with General Requirement 4-2, Substitution of Equals.
2-4 SUBMISSION OF BID
All bids must be prepared on the forms provided by the City and submitted in accordance with the Instructions to Bidders. A bid is invalid if it has not been deposited at the designated location before the time and date for receipt of bids indicated in the Notice Inviting Bids, or any extension issued to the Bidders in writing.
The ability of the Bidder to meet the expected schedule is required to have the bid considered valid and responsive.
Unless otherwise provided in the Project Manual, no Bidder shall modify, withdraw, or cancel the Bidder’s bid or any part of it for 90 days after the time designated for the receipt of bids in the Notice Inviting Bids. Before the receipt of bids, if Addenda are issued, the Addenda will be mailed or delivered to each person or firm recorded on the plan holder list. It is the responsibility of each prospective bidder to confirm the Bidder’s firm is on the plan holders’ list held at BPXpress to ensure receipt of any subsequent communications, such as an Addenda.
Enclose the Bid Proposal and Schedule, with attachments, in a sealed envelope with the following address and identification on the face:
(Name of Bidder)
Bid Proposal for
PW NO. 07-26-03
Lincoln Ave/Marshall Way/Pacific Ave Advanced Striping Project
IN ALAMEDA COUNTY
ALAMEDA, CALIFORNIA
2-5 BID MODIFICATION
Any Bidder may modify the Bidder’s bid by email or written communication at any time before the scheduled closing time for receipt of bids if: (1) the communication is received by the City before the closing time; and (2) the City is satisfied that a written confirmation of the modification
BID DOCUMENTS PUBLIC CONTRACT CODE INSTRUCTIONS TO BIDDERS 5 over the signature of the Bidder was mailed before the closing time. The communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed bid is opened. If written confirmation is not received within two days before closing time, the City will not consider the modification.
BID DOCUMENTS PROPOSAL REQUIREMENTS, CONDITIONS AND BID PROCEDURES 6 3 PROPOSAL REQUIREMENTS, CONDITIONS AND BID
PROCEDURES
3-1 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK
The Bidder shall examine carefully the site of the Work and this Project Manual. The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed and materials to be furnished, and the requirements of the Contract. 3-2 ENGINEER’S ESTIMATE OF QUANTITIES
When given, the quantities in the Project Manual are approximate only, being given as a basis for the comparison of bids, and the Engineer does not expressly or by implication, agree that the actual amount of Work will correspond with those quantities, but reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable.
3-3 PROPOSAL FORMS
All proposals must be made upon the “Bid Proposal and Schedule” in the Project Manual. The Bidder shall completely fill out the form in a clear and legible manner and properly sign and guarantee it.
All proposals shall be submitted as directed in the “Notice Inviting Bids” under sealed cover plainly marked as a proposal, and identifying the Project to which the proposal relates and the date of the bid opening. The City may reject proposals that are not properly marked or sealed. 3-4 PROPOSAL GUARANTEE
The Proposal Guarantee (Bid Bond) shall be forfeited to the City of Alameda if the Bidder does not, within ten calendar days after receipt of written notice that the contract has been awarded to them, enter into a contract with the City for the Work. Unless otherwise specified in the Special Provisions, all proposals or bids shall be accompanied by cash, cashier’s or certified check, or Bidder’s bond executed by a corporate surety insurer, all payable to the City of Alameda, in an amount equal to 10% of the total amount bid.
3-5 ADDENDA
The Engineer may, when deemed necessary, and at a time before the bid opening, issue addenda to the Project Manual to amend, clarify or correct information in them. The addenda shall constitute a part of the Project Manual and shall be equally binding with it. Any/all addenda that are issued will be uploaded onto the project’s two bidding portals; BPX Printing & Graphics, and City of Alameda’s ‘planroom’. All bidders are responsible for obtaining any and all changes to the plans, specifications, project manual, addenda, etc., during the bid process. See Section 1 NOTICE INVITING BIDS to obtain timely access to these bidding portals. 3-6 SUBSTITUTION OF EQUALS
Each Bidder represents that the Bidder’s bid is based upon the materials, services and equipment described in the bidding documents. No substitution will be considered unless the Bidder submits a written request to the Engineer for approval, before the award of the Contract as required by PCC section 3400. Each such request shall include a complete description of the proposed substitute; the name of the material, service or equipment for which it is to be substituted; drawings, cuts,
BID DOCUMENTS PROPOSAL REQUIREMENTS, CONDITIONS AND BID PROCEDURES 7 performance and test data; and any other substantiating detail. The Engineer will issue approval of substitution requests in writing only, and only those manufacturers, materials and equipment approved in the Project Manual or by written notice will be acceptable for use on this Project. (See also General Requirements Sections 4-1 and 4-2.)
Any substitute material shall be identified in the proposal. 3-7 PROJECT STABILIZATION AGREEMENT (NOT USED)
3-8 WITHDRAWAL OF BIDS
The Contractor may withdraw its bid, in writing, at any time before the time fixed in the Notice Inviting Bids for the opening of bids. The withdrawal of a bid does not prejudice the right of a Bidder to file a new bid. Bids will not be received, and may not be withdrawn, after the time and date fixed in the Notice Inviting Bids.
3-9 OPENING OF BIDS
Bids will be opened and read publicly at the time and place indicated in the Notice Inviting Bids.
Bidders or their authorized agents are invited to be present. 3-10 RELIEF OF BIDDERS
Attention is directed to PCC sections 5100-5110, inclusive, concerning relief of Bidders, including the requirement that if the Bidder claims a mistake was made in his or her bid, the Bidder shall give the City written notice within five days of the opening of the bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred. 3-11 SUBCONTRACTORS
The Bidder shall comply with and be bound by the requirements of the “Subletting and Subcontracting Fair Practices Act” of the PCC section 4100 and following, for bidding, bid shopping and bid peddling, requiring accurate listing of all subcontractors, and requiring subcontractors to be licensed.
If the Bidder violates a provision of that chapter, the violation shall be deemed a breach of the Bidder and the City shall have all remedies provided by California law, including but not limited to those provided in PCC section 4110, allowing termination of the Contract or a penalty assessment of 10% of the subcontract.
As required under PCC section 4104 and following, a person making a bid shall in his or her bid set forth: (a) the name and location of the place of business of each subcontractor who will perform Work or labor or render service to the Contractor in or about the construction of the Work, or a subcontractor licensed by the State of California who, under subcontract to the Contractor specially fabricates and installs a portion of the Work according to detailed Drawings contained in the plans and Specifications, in an amount in excess of 0.5% of the total bid; (b) the portion of the Work which will be done by each such subcontractor under this act. The Bidder shall list only one subcontractor for each portion as defined by the Bidder in their bid. 3-12 BIDS FOR TRENCHING AND EXCAVATION WORK
In accordance with the provisions of California Labor Code section 6707, whenever the Project calls for the construction of a pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet deep or deeper, each bid submitted in response shall contain, as a bid item, adequate sheeting, shoring, and bracing or equipment method, for the protection of life or limb, which shall conform to applicable safety orders.
BID DOCUMENTS PROPOSAL REQUIREMENTS, CONDITIONS AND BID PROCEDURES 8 3-13 INSURANCE
Bidders’ attention is directed to the insurance requirements set forth in Special Provisions Section
2. It is highly recommended that Bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of the required insurance certificates and endorsements. If an apparent low Bidder fails to comply strictly with the insurance requirements, that Bidder may be disqualified from award of the contract. 3-14 CITY’S DETERMINATION OF LOWEST RESPONSIBLE BIDDER AND
BIDDER RESPONSIBILITY
3-14.1 General
The lowest responsible Bidder is that person who is the lowest monetary Bidder and:
1. whose bid is responsive (prepared and submitted in accordance with the requirements of the Bid Documents); and
2. who is responsible. In this case, “responsible” means the Bidder is responsible to perform the Work by demonstrating that it possesses: (1) the capacity to perform the Work required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the Work in accordance with the Contract Documents. The City Engineer shall review “responsibility” of bidders based upon the criteria set forth in Section 3-14.3 below, Process for Determination. 3-14.2 Responsibility
In determining whether nor not a Bidder is responsible, the City may consider the following factors in relation to the Work to be performed:
1. Demonstrated financial strength including, but not limited to, resources available, bonding capacity, and available insurance.
2. Demonstrated safety record.
3. Successful completion of projects of similar scope and size. In reviewing this factor, the City may consider elements including, but not limited to, contract amount of completed projects, experience on public works projects, experience implementing prevailing wage certified payroll requirements, timeliness of performance, and, if necessary, evaluation of Bidder’s work by previous cities, clients, design professionals, or subcontractors.
4. Sufficiency of contract administration and construction management systems including, but not limited to, proposed scheduling tools, proposed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents.
5. History of claims, litigation, and termination or disqualification from projects.
The City will make its determination of responsibility based upon information submitted by bidders contained in the Bidders Statement of Financial Responsibility, Technical Ability and Experience included in the Bid Documents, and, if necessary, interviews with previous cities, clients, design professionals, or subcontractors with whom the bidder has worked. If a nonresponsive or non-responsible Bidder submits additional evidence under Section 3-14.3 (7) of the Process for Determination, then that additional evidence shall be considered by the City Engineer in making its recommendation to the City Council.
3-14.3 Process for Determination
The City will determine the lowest responsible Bidder as follows:
BID DOCUMENTS PROPOSAL REQUIREMENTS, CONDITIONS AND BID PROCEDURES 9 1. City will determine the lowest monetary Bidder on the basis of the bid amount, in accordance with the calculation criteria set forth in the Bid Documents.
2. The lowest monetary Bidder’s bid will be evaluated to determine whether or not that Bid is responsive (being prepared and submitted in accordance with the requirements of the Bid Documents).
3. If the lowest monetary Bidder’s bid is responsive, the City Engineer will evaluate that Bidder’s qualifications to determine whether or not the bidder is responsible to perform the Work.
4. If the City Engineer finds that the lowest monetary Bidder submitted a responsive bid, and that the Bidder is responsible, then that Bidder shall be deemed the apparent lowest responsible bidder, and the City Engineer shall report the findings as recommendations to the City Council.
5. If the City Engineer finds that the lowest monetary Bidder’s bid is not responsive, or that the lowest monetary bidder is not responsible, then the Engineer may review the responsiveness and responsibility of the next low monetary Bidder. If the City Engineer finds that the next low monetary Bidder is responsive and responsible, then that next low Bidder shall be deemed the apparent lowest responsible Bidder, and the City Engineer shall report its findings as recommendations to the City Council.
6. This process may continue until the City Engineer finds the lowest monetary bidder which is also responsive and responsible.
7. If one or more low monetary Bidders are found by the City Engineer to be non-responsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the City Engineer, within five working days after the Bidder receives the notice.
8. The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed 60 days after the bid opening. The 60-day review period may be extended upon the written request by the City Engineer and written approval by the affected Bidders.
9. The City Engineer shall report his or her findings as recommendations to the City Council.
10. The City Council reserves the right to reject any or all bids, and to waive any irregularity. No bid is binding upon the City until after the Contract is signed by both the Contractor and the City.
11. If the City Council determines that it is in the City’s best interest to award the Contract, a Notice of Award shall be sent to the lowest responsible Bidder as determined by the City Council. The City Council’s decision is final.
BID DOCUMENTS AWARD AND EXECUTION OF CONTRACT
10 4 AWARD AND EXECUTION OF CONTRACT
4-1 AWARD OF CONTRACT
City reserves the right to reject any and all bids, accept or reject alternates, and waive irregularities or informalities in the bid and bidding.
Bids will be compared on the basis of the Engineer’s estimate of the quantities of Work to be done.
The decision of whether or not alternates will be used will be recommended by the City Engineer to City Council at the time of award. The value of alternates shall not be used in the determination of the low Bidder.
The award of the Contract, if it be awarded, will be to the lowest responsible Bidder (under Bid Documents Section 3-14) within 90 days after the proposals have been publicly opened.
The City reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit any portion(s) of the Work (including complete base bid items), at the contract price, as the Engineer deems necessary or advisable. Price negotiations on the contract prices are optional (at the request of either party) if the actual amount of the Work is different from the above estimates by 25% or greater.
4-2 CONTRACT BONDS
4-2.1 General
Before the City executes the contract, the Contractor shall file with the City surety bonds satisfactory to the City in the amounts and for the purposes noted in this Section. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals.
Each bond shall be signed by both the Contractor and surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall provide two good and sufficient surety bonds: the payment bond and the faithful performance bond. Sample bonds are included in Attachment A. 4-2.2 Payment Bond
The Payment Bond (material and labor) shall be for not less than 100% of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed on the Work. The bond shall be maintained by the Contractor in full force and effect until the completed Work is accepted by the City, and until all claims for materials and labor are paid. 4-2.3 Faithful Performance Bond
The Faithful Performance Bond shall be for 100% of the contract price to guarantee faithful performance of all Work, within the time prescribed, in a manner satisfactory to the City, and that all materials and Workmanship will be free from original or developed defects. The bond shall be maintained by the Contractor in full force and effect until the completed Work is accepted by the City and until all claims for materials and labor are paid.
BID DOCUMENTS AWARD AND EXECUTION OF CONTRACT
11 4-2.4 Bond Renewal and Extension
If any bond becomes insufficient, the Contractor shall immediately replace the bond with a substitute upon request from the City, and the effective date of the bond shall be from the beginning of Work.
If any surety at any time is unsatisfactory to the City, City will give notice to the Contractor. No further payments shall be deemed due or will be made under the contract until a new surety qualifies and is accepted by the City.
Changes in the Work, or extensions of time, made under the Contract, shall not release the Contractor or surety from their obligations. The surety must waive notice of such changes or extensions.
4-3 EXECUTION OF CONTRACT
The successful bidder will receive contracts in preparation for bid award by the City Council. The successful bidder shall sign the Contract and return it, together with the insurance certificate and necessary endorsements, within 5 calendar days after receiving the Contract Documents. The contract will not be considered fully executed until all parties sign the Contract Documents following Council award.
4-4 RETURN OF PROPOSAL GUARANTIES
Within ten calendar days after the execution of the contract, or the decision to reject all bids, the City will return the proposal guaranties accompanying those proposals not to be further considered.
BIDDER: ______________________________ PROPOSAL FOR PW 07-26-03 12 5 BID PROPOSAL TO THE CITY OF ALAMEDA
NAME OF BIDDER ____________________________________________________________ BUSINESS ADDRESS __________________________________________________________ CITY, STATE, ZIP _____________________________________________________________ TELEPHONE NO: AREA CODE ( ) _________________________________________ The Work for which this proposal is submitted is for construction in accordance with the Contract Documents.
The Project plans for the Work to be done were approved and are entitled:
Lincoln Ave/Marshall Way/Pacific Ave Advanced Striping Project PW NO. 07-26-03
CITY OF ALAMEDA
ALAMEDA COUNTY, CALIFORNIA
Bids are to be submitted for the entire Work. The amount of the bid for comparison purposes will be the total of bid items, including revocable bid items.
Bid bond or check. Accompanying this proposal is
________________________________________, [Insert: Cash $_______, Cashier’s Check, Certified Check, or Bidder’s Bond, as the case may be] in an amount equal to at least 10% of the total of the bid.
Execution within five days. The Bidder agrees to execute the required contract(s), with necessary bonds, within five calendar days of notification that the City has accepted the bid and the con-tract is ready for signature. If the Bidder fails to do so, the City may, at its option, determine that the Bidder has abandoned the contract. The penalty for default is forfeiture to the City of Alameda of the proceeds of the proposal guarantee accompanying this bid.
Addenda. This proposal is submitted to include the changes to the Contract Documents as Addendum numbers ____________________________________. [Fill in if addenda have been issued.] If addenda issued, print, sign and date each addenda and include with this bid proposal.
Warning. If the City has issued an addendum or addenda, the City may reject this Proposal if all addenda are not noted above as being received by the Bidder.
License. The Bidder is licensed in accordance with the State of California Contractor’s License Law.
License No. __________________________
BIDDER: ______________________________ PROPOSAL FOR PW 07-26-03 13 Class _________________________
Expiration Date _______________________
Bidder’s status. If an individual, so state. If a firm co partnership, state the firm name and give the names of all individuals or copartners composing the firm. If a corporation, state legal names of corporation and also names of President, Secretary, Treasurer and Manager.
The names of all persons interested in the Bid Proposal as principals are as follows:
[ Note: If Bidder or other interested person is a corporation, state legal name of the corporation, also names of the president, secretary, treasurer, and manager; if a co-partnership, state name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full. Use additional pages if necessary.] ______________________________________________________________________________ ______________________________________________________________________________ Documents included in Bid Proposal and Schedule. The following are attached and included in the Bid Proposal and Schedule:
5 Bid Proposal
5-1 Bid Schedule
5-2 Proposed Subcontractor Form
5-3 Equal Opportunity Employment Certification (Not Used) 5-4 Non-collusion Declaration
5-5 Questionnaire to General Contractors
5-6 Bidder’s Statement of Financial Responsibility, Technical Ability and Experience 5-7 Bidder’s Bond
5-8 Bidder’s Request for Material Substitution
5-9 Guaranty
5-10 Executed Agreement to be Bound to Project Stabilization Agreement (Not Used) Signature. Under penalty of perjury, I declare that to the best of my knowledge and belief: the representations made in these Bid Documents are true, correct and complete.
SIGNATURE OF BIDDER ______________________________________________________ Print or Type Name, Address and Telephone Number:
______________________________________________________________________________ ______________________________________________________________________________ DATED: ____________________________, 2026
BIDDER: ______________________________ PROPOSAL FOR PW 07-26-03 14 5-1 Bid Schedule for Lincoln Ave/Marshall Way/Pacific Ave Advanced Striping Project TO: CITY COUNCIL, CITY OF ALAMEDA, CALIFORNIA
The undersigned Bidder declares that Bidder has carefully examined the Project Manual, and is satisfied as to the field conditions the Bidder will encounter. The Bidder proposes to furnish all materials, labor and equipment and to do all Work required to complete the Work in accordance with the Project Manual, for the prices set forth in the following schedule (including all applicable taxes):
Bid
Item Description Quantity Unit of
Measure
Unit
Price Total Price
General
1 Mobilization & Demobilization 1 LS
2 Traffic Control & Construction
Schedule 1 LS
3 Water Pollution Control 1 LS
4 Construction Staking &
Monumentation 1 LS
Demolition
5 Remove Existing Pavement Striping
& Markings 1 LS
6 Remove and Salvage Existing Sign 8 EA
7 Remove and Salvage Existing Pole 2 EA
Pavement Delineation
Paint
8 Install/Refresh Red Curb Paint 1,675 LF
9 Install/Refresh Blue Curb Paint 50 LF
10 Install 6” White Stripe 3,130 LF
11 Install Caltrans Detail 22 275 LF
12 Install Caltrans Detail 27B 169 LF
13 Install Caltrans Detail 29 470 LF
14 Install Caltrans Detail 32 1,650 LF
15 Install Caltrans Detail 38 168 LF
16 Install Caltrans Detail 39 10,474 LF
17 Install Caltrans Detail 39A 1,970 LF
18 Install Caltrans Detail 41 35 LF
BIDDER: ______________________________ PROPOSAL FOR PW 07-26-03 15 19 Install Bike Lane w/Thru Symbol
Pavement Marking 263 SF
20 Install ONLY Pavement Marking 22 SF
21 Install SCHOOL Pavement Marking 70 SF
22 Install Shared Roadway (Sharrow)
Bicycle Pavement Marking 23 SF
23 Install SLOW Pavement Marking 46 SF
24 Install STOP Pavement Marking 22 SF
25 Install Type IV (Turn) Pavement
Marking 270 SF
26 Install Type VII (Thru-Turn)
Pavement Marking 27 SF
27 Install XING Pavement Marking 42 SF
28 Install Yield Pavement Marking 108 SF
29 Install 12” Limit Line 45 SF
Thermoplastic
30 Install 6” White Stripe 3,788 LF
31 Install Caltrans Detail 22 308 LF
32 Install Caltrans Detail 27B 847 LF
33 Install Caltrans Detail 29 236 LF
34 Install Caltrans Detail 32 723 LF
35 Install Caltrans Detail 37B 155 LF
36 Install Caltrans Detail 38 213 LF
37 Install Caltrans Detail 39 9,085 LF
38 Install Caltrans Detail 39A 1,123 LF
39 Install Bike Lane w/Thru Symbol
Pavement Marking 294 SF
40 Install Bike Lane w/Turn Symbol
Pavement Marking 21 SF
41 Install International Symbol of
Accessibility (ISA) Pavement
Marking
28 SF
42 Install ONLY Pavement Marking 22 SF
BIDDER: ______________________________ PROPOSAL FOR PW 07-26-03 16 43 Install Shared Roadway (Sharrow)
Bicycle Pavement Marking 104 SF
44 Install Type I (Thru) Pavement
Marking 14 SF
45 Install Type VII (Thru-Turn)
Pavement Marking 54 SF
46 Install Type IV (Turn) Pavement
Marking 165 SF
47 Install Yield Pavement Marking 36 SF
48 Install 12” Limit Line 237 SF
Miscellaneous
49 Install Colorized Paint 650 SF
50 Install Brown K-71 Post 18 EA
51 Install Green Methyl Methacrylate
(MMA) 355 SF
Signage
52 Furnish and Install New Sign 32 EA
53 Furnish and Install New Post 18 EA
Total
Entire Work. Bids are required for the entire Work, including the alternative bid items if any. The amount of the bid for the purposes of the award will be the total of the amount of all the base bid items. The City will determine which additional alternate(s), if any, will be awarded. All items are based on an “in place” condition.
Item price and total. The Bidder shall set forth for each unit basis item of Work an item price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the “total” column shall be the extension of the item price bid on the basis of the estimated quantity for the item.
Discrepancies. In the case of discrepancy between the item price and the total set forth for a unit basis item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “total” column, then the amount set forth in the “total” 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 item price.
BIDDER: ______________________________ PROPOSAL FOR PW 07-26-03 17 Quantities. The foregoing quantities are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of Work will correspond with the quantities, but reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit any portion(s) (this includes complete base bid items) of the Work, as the Engineer deems necessary or advisable, at the contract price. Price negotiations on the contract prices are optional if the actual amount of Work is different from the above estimates by 25% or greater.
BIDDER: ______________________________ PROPOSAL FOR PW 07-26-03 18 5-2 PROPOSED SUBCONTRACTOR FORM
A subcontractor is any entity, not a direct employee of the prime Contractor, which performs any work on the Project in excess of one half of one percent (.5%) of the prime Contractor’s total bid. Per California PCC section 4104, for each subcontractor to perform work or labor or render service to the prime Contractor in or about the construction of the Project, the Bidder is required to state the name, location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code (noted as DIR No. in the table below). If no subcontractors, sign form with none listed and include form with Bid Proposal.
SUBCONTRACTOR’S NAME CA LICENSE NO. BUSINESS ADDRESS DESCRIPTION OF WORK DIR NO. (This form may be duplicated if necessary to list additional subcontractors) Signed:_______________________________________
BIDDER: ______________________________ PROPOSAL FOR PW 07-26-03 19 5-3 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (NOT USED) Bidder__________________________________________ Proposal for PW NO. 07-26-03 20 5-4 NON-COLLUSION DECLARATION
Title 23 United States Code section 112, and
PCC section 7106
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 this 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 ___________, 2026, at ______________________(city), California.”
__________________________________________
(Signature of representative of Bidder)
Bidder__________________________________________ Proposal for PW NO. 07-26-03 21 5-5 QUESTIONNAIRE TO GENERAL CONTRACTORS
1. Bid depository or registry services. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? YES [ ] NO [ ]
If the answer to No. 1 is “yes,” please forward a copy of the rules of each bid depository you used with this questionnaire.
2. Other source of subcontractors. Did you have any source of subcontractor bids other than bid depositories?
YES [ ] NO [ ]
3. Threats of boycott or other sanctions. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depository? YES [ ] NO [ ]
If the answer to No. 4 is “yes,” please explain the following details:
a. Date:
b. Name of person or group:
c. Job involved (if applicable):
d. Nature of threat:
e. Additional comments (use additional paper if necessary):
4. Disqualification or removal. Have you, any officer of Bidder, or any employee who has a proprietary interest in Bidder ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? If so, explain the circumstances. (PCC §10162.) YES [ ] NO [ ]
5. Federal court action. No more than one final, un-appealable finding of contempt of court by a federal court has been issued against the Bidder within the immediately preceding two-year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. (For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.) (PCC §10232.) TRUE? [ ]
Bidder__________________________________________ Proposal for PW NO. 07-26-03 22 6. No convictions. Neither the Bidder nor any proposed subcontractor (nor the partner, member, officer, director, responsible managing officer, or responsible managing employee of either of them) has been convicted of any of the following offenses: fraud, bribery, collusion, conspiracy, bid-rigging, price-fixing or any other act in violation of any state or federal antitrust or public corruption law in connection with the bidding upon, award of, or performance of, any public works contract with any public entity. (PCC §10285.1.) TRUE? [ ]
7. Litigation. Please provide the following information on all state or federal litigation in which Bidder or any proposed subcontractor was a named party:
a. Case name
b. Case location (including county and state for state litigation, or district for federal litigation) c. Year case was filed
d. Whether case is pending or resolved
SIGNED: _____________________________________________________________________ Please return this form with your bid proposal.
Bidder__________________________________________ Proposal for PW NO. 07-26-03 23 5-6 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL
ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar character to that included in the proposed contract the Bidder has successfully performed and give reference which will enable the City Council to judge his responsibility, experience skill, and business standing.
The Bidder shall have at least three years of experience as a licensed Contractor and shall submit with the bid a list of five similar installations in the Bay Area installed during the three-year period.
The Bidder shall submit with the bid proposal a statement of the work of a similar size and character to that included in the proposed contract which the Bidder has successfully performed.
Agency for Whom
Work Was Done
Contact Name w/
Phone #
Project Completion
Date
Contract
Price
SIGNED: _____________________________________________________________________
Bidder__________________________________________ Proposal for PW NO. 07-26-03 24 5-7 BIDDER’S BOND
We: ______________________________________________________________as Principal, and _____________________________________________________________ as Surety, are bound to the City of Alameda in the penal sum of ten percent (10%) of the total amount of the bid of the Principal, for the payment in United States dollars, to be made to the City of Alameda. We bind ourselves, our heirs, executors, administrators and successors, jointly and severally, by this Bidder’s Bond. In no case shall the liability of the surety under this bond exceed $____________________. Bid: This bond is based on the fact that the Principal has submitted a bid to the City of Alameda for certain construction specifically described as ______________________________.
The bids are to be opened at City Hall West, Alameda, California on __________________, 2026.
NOW, THEREFORE,
a) If the bid is rejected or awarded to another bidder, then this obligation is void. b) If the Principal is awarded the contract and, within the time and manner required under the Contract Documents enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be void; otherwise, it remains in effect.
c) The Surety agrees that its obligations and those of the bond shall not be impaired or affected by any extension of the time within which the City of Alameda may accept the bid; and the Surety here waives notice of any such extension.
d) If the City brings suit on this bond, the surety shall pay reasonable attorney’s fees and costs incurred by the City, in addition to the bond amount.
Signatures. We have executed this Bidder’s Bond (and seals) on __________, 2026. ______________________________ (SEAL) _____________________________ (SEAL) ______________________________ (SEAL) _____________________________(SEAL) ____________________________________ ____________________________________
PRINCIPAL ADDRESS SURETY ADDRESS
NOTE: Signatures of those executing for the surety must be properly acknowledged.
Bidder__________________________________________ Proposal for PW NO. 07-26-03 25 5-8 BIDDER’S REQUEST FOR MATERIAL SUBSTITUTION
The Bidder has 15 calendar days after award of the contract for submission of data substantiating a request for a substitution of “an equal” item(s). (See Bid Documents, Section 3-5.) A request for a substitution of material must be identified on this sheet and submitted as part of the Bid Proposal. If no material substation requests, leave the table blank, sign the form and submit with bid.
The Bidder here submits a list of substitute material for consideration as “an equal”.
Trade Name/Model or Catalog Number
as Specified in Special Provisions
Substitute Trade Name/Model
or Catalog Number
Signed: _______________________________________________________________________
Bidder__________________________________________ Proposal for PW NO. 07-26-03 26 5-9 GUARANTEE
CITY OF ALAMEDA
A. The Bidder guarantees the construction and installation all of the Work included in this Project.
B. If within 12 months after the City accepts the Work under the Contract:
(a) any of the materials or equipment prove defective; or (b) the Work as a whole proves defective due to faulty workmanship, material furnished or methods of installation; or
(c) the Work or any part of it fails to operate properly as originally intended and in accordance with the Contract Documents;
the Bidder/Contractor agrees to the following:
1. to reimburse the City, upon demand, for its expenses incurred in restoring the Work to the condition contemplated in the Project, including the cost of any equipment or materials replaced and the cost of removing and replacing any other Work necessary to make the replacement or repairs; or
2. upon demand by the City, to replace any such material and to repair the Work completely without cost to the City so that the Work will function successfully as originally contemplated.
C. The City has the unqualified option to make any needed replacements or repairs itself or to have those replacements or repairs done by the Bidder/Contractor. If the City chooses to have the Work performed by the Bidder/Contractor, the Bidder/Contractor agrees that the Bidder/Contractor will make the repairs and furnish the materials as are necessary, within a reasonable time after City’s demand. If Bidder/Contractor fails or refuses to comply with the Bidder/Contractor’s obligations under this guaranty, the City is entitled to all costs and expenses, including attorneys’ fees, reasonably incurred by reason of that failure or refusal. __________________________________________ ______________________________ Bidder/Contractor Date
Bidder__________________________________________ Proposal for PW NO. 07-26-03 27 5-10 AGREEMENT TO BE BOUND TO PROJECT STABILIATION AGREEMENT (NOT USED)
Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 28 Version 7/1/26
6 CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this _____ day of ___________ 2026, (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City"), and ___________, a (California corporation, LP, GP, sole proprietor/individual) whose address is Address, (“Contractor”), in reference to the following:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City’s Charter.
B. The City is in need of the following services: Lincoln Ave/Marshall Way/Pacific Ave Advanced Striping Project. City staff issued an IFB on Friday, August 21, 2026, after a submittal period of thirteen (13) days received ____________ of timely submitted bids, and the bids were opened on Tuesday, September 8, 2026. Staff reviewed the bids and selected the lowest responsive and responsible bidder.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement, and desires to perform and assume responsibility for those services on the terms and conditions described herein. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by this Agreement.
D. [NOTE: If City staff seek to enter into an initial contract with a vendor to perform one phase of a project, and may also seek to enter into a subsequent contract with the vendor for a later phase of the same project, the initial contract must include this recital: Contractor’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement.]
E. [Whereas, the City Council authorized the City Manager to execute this agreement on ___________________.]
F. The City and Contractor desire to enter into an agreement for Lincoln Ave/Marshall Way/Pacific Ave Advanced Striping Project, upon the terms and conditions herein.
Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 29 Version 7/1/26
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Contractor agree as follows:
AGREEMENT
1. TERM:
Contractor shall have fifty (50) consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contractor acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.
3. COMPENSATION TO CONTRACTOR:
a. Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit A and incorporated herein by this reference. Payment shall be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City. b. Payment shall be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. However, the City reserves the right to adjust budget within and between tasks.
Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed to in writing.
c. Payment shall be made for 95% of the value of the work completed as determined by the City. The City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest shall be paid to Contractor on retained funds. d. Total compensation for work is $_____________, with a ______ percent contingency in the amount of $_____________ for a total not to exceed of $_____________.
Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
e. The City shall hold retainage from the prime contractor and shall, as determined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 30 Version 7/1/26
after receiving payment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including but not limited to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non-DBE subcontractors.
4. TIME IS OF THE ESSENCE:
a. Contractor and the City agree that time is of the essence regarding the performance of this Agreement.
b. It is agreed by the parties to this Agreement that if all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in Paragraph 1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor shall pay the City the sum of ONE THOUSAND DOLLARS ($1,000) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement. c. It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge Contractor, its successors, heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions.
d. Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that Contractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts in good faith and the extent of the delay, and its findings of the facts thereon shall be final and conclusive.
5. STANDARD OF CARE:
Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 31 Version 7/1/26
in the same discipline in the State of California. Contractor represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement.
Contractor further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement. Contractor further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Contractor and shall not be re-employed to perform any further services under this Agreement.
6. INDEPENDENT PARTIES:
Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. Any personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees (as defined in Section 9, below) from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractors or suppliers shall harass or discriminate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to race, religious creed, color, national origin, Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 32 Version 7/1/26
ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g., cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“City Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor even if City Indemnitees are alleged to have been negligent. If the Claims filed against City Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify City Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
b. As to Claims for professional liability only, Contractor’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Contractor’s obligation to indemnify, defend and hold harmless City Indemnitees shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10.b. (1) through (5). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 33 Version 7/1/26
acceptable to the City. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE:
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 shall be considered equivalent to the required minimum limits shown above. . (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
(4) Pollution Prevention:
Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence.
(5) Builders Risk:
Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to the Contractor; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 34 Version 7/1/26
and/or minimum required limits, which are applicable to a given loss, shall be available to the City.
c. SUBROGATION WAIVER:
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSURED:
The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and shall not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the City Indemnitees or Additional Insureds, whether primary or excess, and which also apply to a loss Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 35 Version 7/1/26
covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Contractor are exhausted. If a Contractor is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. BONDS:
Contractor shall furnish the following bonds from a bonding company acceptable to the City’s Risk Manager:
a. Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, including contingency, if any, and b. Labor and Materials: A bond for labor and materials in the amount of 100% of the total contract price, including contingency, if any.
Faithful Performance bonds and Labor and Material bonds are only required for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget for the bond premiums and those estimates over $25,000 will need to budget for the bond premiums.
12. PROHIBITION AGAINST TRANSFERS:
a. Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, Contractor’s claims for money from the City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to the City by Contractor.
b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the entity.
13. SUBCONTRACTOR APPROVAL:
a. Unless prior written consent from the City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
b. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.
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c. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services and work hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the City. b. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by the City.
c. Contractor shall, at such time and in such form as the City may require, furnish reports concerning the status of services and work required under this Agreement.
16. RECORDS:
a. Generally, the City has the right to conduct audits of Contractor’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contractor an opportunity to discuss and respond to any findings before a final audit report is filed. b. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.
c. Contractor shall maintain adequate records of services and work provided in sufficient detail to permit an evaluation of services and work. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of the City or its designees, and gives the City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
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d. If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section 17.
b. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Aaliyah Douglas, Project Manager
Ph: (510) 747-7941
Email: [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
[Provider Name]
[Department]
[Address]
[City, State, zip]
ATTENTION: [Title]
Ph: (xxx) [xxx-xxxx]
Email address: [for insurance purposes only]
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f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
[Department]
[Address]
Alameda, CA 94501
ATTENTION: [Name/Title]
Ph: (510) [xxx-xxxx] / Email
18. SAFETY:
a. Contractor shall be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement shall apply continuously and not be limited to normal working hours. In addition, Contractor shall comply with all safety provisions in conformance with U.S. Department of Labor standards, Cal/OSHA requirements, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements shall be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor shall immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor shall promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
20. HEALTH AND SAFETY REQUIREMENTS.
Contractor acknowledges and agrees that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor further acknowledges and agrees to make Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 39 Version 7/1/26
available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
21. PREVAILING WAGES:
Contractor acknowledges the requirements of, and agrees to comply with, California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Contractor’s request, shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
22. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 through 24 of this Agreement, the terms “claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.
b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certain bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public-Works/ContractorRegistration.html c. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10- day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 40 Version 7/1/26
violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. 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. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website: https://www.dir.ca.gov/Public-Works/Certified-PayrollReporting.html d. Contractor is required to post all job site notices as prescribed by State law. (See 8 Cal. Code Regs, Section 16451(d).)
e. The project that is governed by this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. 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 shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. f. In executing this Agreement, Contractor acknowledges and agrees that the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1. 23. HOURS OF LABOR:
a. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by Contractor or by any subcontractor on any subcontract under this Agreement, upon the work or upon any part of the work contemplated by this Agreement, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon this public work, provided that the employees’ compensation for all hours worked in excess of eight (8) hours per day is not less than one and one-half (1-1/2) times the basic rate of pay. b. Contractor shall pay the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 41 Version 7/1/26
hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
c. Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified. Holidays shall be defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.
24. APPRENTICES:
a. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
b. Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project, and which administers the apprenticeship program in that trade, for a certificate of approval, if they have not previously applied and are covered by the local apprenticeship standards.
c. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the funds administrator is unable to accept Contractor' required contribution. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.
d. 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.
25. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section 1735.
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26. REGISTRATION OF CONTRACTORS:
Before submitting bids for any work authorized by this Agreement, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California. 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 shall 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. 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.
27. URBAN RUNOFF MANAGEMENT:
a. Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains.
b. Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:
i. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site.) ii. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.
iii. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. iv. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
v. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they occur.
c. The objective is to ensure that the City and County of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction.
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d. These recommendations are intended to be used in conjunction with the State’s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. e. Failure to comply with this program shall result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code Section 13385.
28. COMPLIANCE WITH MARSH CRUST ORDINANCE:
Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Section 13-56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building Official whether the excavation work is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance.
29. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:
Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional Stormwater NPDES Permit, Order R2-2022-0018, issued by the San Francisco Bay Regional Water Quality Control Board.
Contractor shall use the most current IPM technologies available to ensure the long-term prevention or suppression of pest problems and to minimize negative impacts on the environment, non-target organisms, and human health for the control or management of pests in and around City buildings and facilities, parks and golf courses, urban landscape areas, rights-of-way, and other City properties.
Contractor shall consider the City IPM Policy’s hierarchy of options or alternatives listed below, in the following order before recommending the use of or applying any pesticide on City property: (1)
a. No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);
b. Physical or mechanical controls (e.g. hand labor, mowing, exclusion); c. Cultural controls (e.g. mulching, disking, alternative vegetation) and good housekeeping (e.g. cleaning desk area);
d. Biological controls (e.g., natural enemies or predators); e. Reduced-risk chemical controls (e.g., soaps or oils); and f. Other chemical controls.
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Prior to applying chemical controls Contractor shall complete a checklist for the City’s pre-approval that explains why a chemical control is necessary. For annual contracts that require regular application of chemical controls the contractor shall submit one checklist prior to the initiation of the project demonstrating that the hierarchy has been reviewed and no other options exist. (See Exhibit C). Additionally, Contractor shall provide documentation to the City’s project manager of the implementation of the IPM techniques hierarchy described in the City’s IPM Policy. Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA);
b. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion);
c. Diamides (chlorantraniliprole and cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran); e. Pyrethroids (bifenthrin, cyfluthrin, beta-cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyhalothrin, metofluthrin, permethrin, and tralomethrin), carbamates (e.g., carbaryl and aldicarb), diuron, fipronil and its degradates, and indoxacarb; and
f. Copper-based pesticides unless their use is judicious, other approaches and techniques have been considered, and the threat of impact to water quality is prevented.
Contractor shall sign the Contractor Verification Form (attached as Exhibit B) indicating the intent to implement the City’s IPM Policy, and return a signed copy to the City’s project manager.
Contractor shall provide to the City’s project manager an annual report of all pesticide usage in support of City operations including pesticide name, active ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide. Contractor shall provide a copy of any current IPM certifications(s) to the City’s project manager prior to initiation of the service work.
A copy of the City's IPM Policy may be obtained from the City’s project manager and is also on file with the City Clerk.
If this Agreement pertains to the use of any items listed above, Contractor will need to fill out and send in the Contractor Verification Form and Contractor Check List. ADD EXHIBIT B IF PEST CONTROL.
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30. PURCHASES OF MINED MATERIALS REQUIREMENT:
a. Contractor shall ensure that all purchases of mined materials such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).
b. Within five days of award of contract, Contractor shall submit a report to the City which lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be viewed at:
www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.
31. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE:
a. Contractor, shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board regulations including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“CARB Regulations”). b. 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 subcontractors’ fleet including, without limitation, Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the CARB Regulations upon two (2) calendar days’ notice from the City. c. Contractor shall be solely liable for any and all costs associated with complying with the CARB Regulations as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the CARB Regulations.
Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City Indemnitees from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the CARB Regulations.
32. TERMINATION:
a. In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof. b. The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein.
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c. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
33. ATTORNEYS’ FEES AND COSTS:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
34. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204. Contractor must include reasonable documentation to support each claim. b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the claim shall be processed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C). d. If the City fails to timely respond to a claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the claim shall be processed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding mediation. If the City and Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 47 Version 7/1/26
Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced. g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specifications, or at law or in equity which are not in conflict with Public Contract Code 9204.
35. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
36. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from the City to do otherwise.
37. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
38. INTEGRATED CONTRACT:
Subject to the language of Section 43, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement shall be effective only by written execution signed by both the City and Contractor.
Bidder__________________________________________ Proposal for PW NO. 07-26-03 [Contractor Name] 48 Version 7/1/26
39. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.
40. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
41. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
42. SIGNATORY:
By signing this Agreement, each signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
43. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
44. CONFLICT OF INTEREST:
Contractor represents that it has no known relationships with third parties, City Council members, or employees of City which would 1) present a conflict of interest with the rendering of services under this agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law; 2) prevent Contractor from performing the terms of this Agreement; or 3) present a significant risk of disclosure of confidential information.
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BID DOCUMENTS SAMPLE CONSTRUCTION AGREEMENT
[Contractor Name] 49 Version 7/1/26
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
COMPANY NAME CITY OF ALAMEDA,
a (California corporation, LP, GP, a municipal corporation sole proprietor/individual)
(Name) Gerry Beaudin
(Title) City Manager
RECOMMENDED FOR APPROVAL
(Name) [DEPARTMENT HEAD NAME]
(Title) [DEPARTMENT HEAD TITLE]
Contractor License No._______________ APPROVED AS TO FORM:
City Attorney
DIR No.___________________________
[NAME]
Assistant City Attorney
GENERAL REQUIREMENTS
50 C. GENERAL REQUIREMENTS
GENERAL REQUIREMENTS
51 1 TERMS AND DEFINITIONS
1-1 TERMS
The Project Plans and Specifications are of the abbreviated, simplified or streamlined type and may include incomplete sentences. Whenever this occurs, omission of words or phrases such as “The Contractor shall,” “in conformity with,” “shall be,” “as noted on the Plans,” “according to the plans,” “a,” “an,” “the,” and “all” is intentional. Omitted words or phrases shall be supplied by inference in the same manner as they are when a “note” occurs on the Plans.
Unless otherwise stated, the words “directed,” “required,” “permitted,” “ordered,” “instructed,” “designated,” “considered,” “necessary,” “prescribed,” “approved,” “acceptable,” “satisfactory,” or words of similar meaning, refer to actions, expressions, and prerogatives of the Engineer.
Whenever the words “reviewed,” “approved,” “satisfactory,” “directed,” “submitted,” “inspected,” or similar words or phrases are used, it shall be assumed that the words “Engineer or his representative” follows the verb as the object of the clause, such as “approved by the Engineer or his representative.”
All references to manufacturer’s installation directions mean the latest edition. 1-2 DEFINITIONS
Addenda – Written or graphic instruments issued before the opening of the bids, which modify or interpret the Project Manual by additions, deletions, clarifications or corrections. (See Instruction to Bidders, Section 2-1.)
Architect/Engineer or A/E or Design Professional – The person or City consultant who created the intended project concept into a constructible design suitable to the City, and who developed the Project Plans and Specifications. The registered professional architect or engineer who is responsible for the overall aesthetic and technical design of the Project.
As Required – In accordance with Contract Documents, applicable codes, industry standards, or manufacturers recommendations.
Bid Documents – The Notice Inviting Bids; Instruction to Bidders; Proposal Requirements, Conditions and Bid Procedures; Award and Execution of Contract; Bid Proposal and Schedule (with all attachments); Contract form; and Addenda.
Bidder – Any individual, firm, partnership, corporation, or combination of them, submitting a proposal for the Work contemplated, acting directly or through an authorized representative.
Building Code – The latest edition of the California Codes, published by the California Building Standards Commission and as adopted and modified by City ordinance.
California Test – Whenever reference is made to a California Test by number, it shall mean the California Test developed by the State of California, Department of Transportation, in effect on the day the Notice Inviting Bids is dated.
City – The City of Alameda, County of Alameda, State of California.
City Engineer or Engineer – The City Engineer of the City of Alameda or his or her designee acting within the scope of the duties delegated to them.
Change order – (See General Requirements Section 2-6.)
GENERAL REQUIREMENTS
52 Claim - Contractor's request for: (a) the payment of any additional compensation for any cause; (b) an extension of time for the performance of Work; or (c) any other relief with reference to the terms of the Contract, including any dispute or question related to the Contract Documents. (See General Requirements Section 6-7.)
Code – The most recent version or latest edition of the applicable codes, laws, regulations, Municipal Code, zoning ordinance, and protective covenants governing the site of the Work. In case of conflict, the strictest of the codes shall govern.
Construction Schedule or Schedule – a detailed schedule, with bar chart, showing the sequence of events for completion of the Work, and identifying the critical path items. (See General Requirements Section 5-2, Progress Schedule.)
Contract – The contract form, including the Contract Documents.
Contract Documents or Project Documents – All of the documents governing the Project, in the following order of precedence:
1. Change Orders and Written Orders
2. Addenda
3. Contract
4. Bid Proposal and Schedule (see Definition above)
5. Permits from other agencies
6. Special Provisions
7. Technical Specifications
8. Project Plans
9. City-approved Shop Drawings
10. General Requirements
11. City of Alameda Standard Plans and Specifications
12. State Standards Specifications
13. State Standard Plans
14. Alameda County Standard Plans
Contractor – The individual, partnership, corporation, joint venture, or other legal entity entering into a contract with the City to perform the Work. It includes the Contractor’s employees and agents. In the case of Work being done under permit issued by the City or other authorization granted by the City, the Permittee shall be construed to be the Contractor.
Day – a calendar day, unless stated otherwise. (See General Requirements Section 5-6 regarding working day.)
Extra Work – (See General Requirements Sections 2-7 and 6-3.) General Requirements – General commercial and administrative requirements that apply to the Project as a whole, found in this Section III of the Project Manual. (May be abbreviated in references as “GR”.)
Inspector – The person employed by the City to inspect the Work for compliance with the Contract Documents. This person shall act under the direction of the City, but shall coordinate and submit reports to all participating members of the Project team.
Laboratory – The designated materials testing laboratory authorized by the City Engineer to test materials and Work involved in the Contract.
GENERAL REQUIREMENTS
53 Modifications – Modifications to the Contract Documents may be in one of the following forms:
(See General Requirements Section 2-2.)
1. Addenda (See Bid Document Section 2-1)
2. Change Order (See General Requirements Section 2-6)
3. Written Order, issued by the Engineer for a minor change in the Work Or Approved – Indicates that a different material, product, or manufacturer may be used in place of the one specified, if it has first been approved by the Engineer.
Plans - Generally will indicate dimensions, position and kind of construction.
Project or Work – See Work.
Project Manager – The authorized representative (agent) of the City, and the official point of contact between the City, A/E, and Contractor.
Project Manual – The Bid Documents, General Requirements, Special Provisions, Technical Specifications, Project Plans and Addenda. (Once the Contract is signed, the completed set of documents concerning the Project is called the Contract Documents.) Regional Sewer Standards – Whenever the words “Regional Sewer Standards”, “Regional Standards” or “Sewer Standards” with reference to any sanitary sewer Specifications, they shall be understood to refer to the current edition of the Regional Standards for Sanitary Sewer System Installation, Rehabilitation and Repair.
Scope of Work – Work described in the Project Documents. See also Section 2 of these General Requirements (Scope of Work).
Shop Drawings – The City-approved manufacturer’s Drawings submitted to City by Contractor.
Special Provisions – Specific clauses setting forth conditions or requirements peculiar to the Work and supplementary to the General Requirements, or modifications of the General Requirements.
Specifications – Generally indicate qualities and methods of construction shown on the Plans.
Includes the Technical Specifications and State Standard Specifications, in the order of precedence listed under “Contract Documents”.
State Standard Specifications – Whenever the words “State Standard Specifications” or “State of California” or “Caltrans” with reference to any Specifications, they shall be understood to refer to the current edition of the State of California Department of Transportation’s Standard Specifications.
Subcontractor – A person, firm or corporation having a direct contract with the Contractor or one of Contractor’s subcontractors. It includes one who furnishes material worked to a special design according to the Contract Documents. It does not include one who furnishes material only.
Technical Specifications – The Technical Specifications are divided under various headings in order to make the explanation of Work clearer and to set forth the different parts to be furnished or installed. The Technical Specifications are not considered as limits of Work required by any trade. All Work shall be completed, however, to the satisfaction of the A/E and City.
Work or Project – The entire Project which is the subject of the Contract. The term “Work” as applied to the Contractor includes labor and/or materials and any necessary tools and equipment.
GENERAL REQUIREMENTS
54 Written Notice – Shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any office of the corporation for whom it is intended, or if sent by registered mail to the last business address known to the one who gives the notice.
Written Order – An order issued by the Engineer regarding a change in the Contract Documents.
Includes a response to a request for information or clarification. (See General Requirements Section 2-6.)
GENERAL REQUIREMENTS
55 2 SCOPE OF WORK
2-1 INTENT OF PLANS AND SPECIFICATIONS
The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent and is reasonably inferable from those Contract Documents as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with those recognized meanings.
The organization of the Project Manual into divisions, sections and articles, and the arrangement of Plans shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.
The intent of the Plans and Specifications is to describe the details for the construction and completion of the Work that the Contractor undertakes to perform in accordance with the terms of the Contract. Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specifically stated, the Contractor shall furnish all tools, equipment and incidentals and perform all Work that is to be performed in the best workmanlike manner to assure that the completed Work will be in accordance with the Plans and Specifications. The Contractor is responsible for verifying all measurements and existing conditions related to his scope of Work before the start of any Work.
If materials and/or equipment are to be furnished by the City, as designated in the Special Provisions or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials and equipment to complete the Contract.
By executing the Contract, the Contractor represents they have visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents. The Contractor shall, upon discovering any error or omission in the plans or Specifications, immediately call it to the attention of the Engineer. 2-2 MODIFICATIONS GENERALLY
Modifications to the Contract Documents may be in one of the following forms:
1. Addenda (See Bid Documents Section 2-1)
2. Change Order (See General Requirements Section 2-6)
3. Written Order, issued by the Engineer for a minor change in the Work 2-3 CHANGES INITIATED BY THE CITY
The Work is subject to change by additions, deletions, suspensions, or revisions by the City as directed to the Contractor in writing. Additions, deletions, suspensions and revisions are within the contemplation of the parties and will not be the basis of a compensable delay. Such Change Orders or Written Orders shall not invalidate the Contract. The Contractor shall not make any changes or modifications in the Work described or in any way cause or allow the Work to deviate from the Contract Documents without the written direction from the City. If the Contractor makes any changes or other modifications in the Work described without written direction from City, such change or modification constitutes an agreement by Contractor that it will not be paid for that changed Work, even if it received verbal directions from City or any of City’s representatives. In
GENERAL REQUIREMENTS
56 addition, Contractor is liable for any and all losses, costs, expenses, damages and liability arising out of any change or modification it makes without the City’s written direction. It is further understood that no change, modification to, or deviation from the Contract Documents shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with the Project, and no notice is required to be given by the City to such surety of any change, modification or deviation.
When changes are initiated by the City through revisions to the Contract Documents, it will be assumed that the change in the scope of Work is insignificant unless the Contractor submits a claim for it within ten working days, or the City initiates a Change Order. 2-4 CHANGES REQUESTED BY THE CONTRACTOR
Contractor may request a change in the Contract Documents, in writing. Approved changes shall be made by written Change Orders except when emergency conditions dictate prompt action.
Nothing here shall be construed as granting a right to the Contractor to demand acceptance of such proposed changes.
2-5 COMPENSATION
The unit prices set forth in the Contractor’s accepted Bid Proposal shall be used in determining increases or decreases in compensation to be made for any alterations, deviations, additions or deletions. Where the unit price does not apply, compensation shall be based on one or more of the following methods:
1. By unit price bid in the Contractor’s accepted proposal or as subsequently agreed upon.
2. By cost plus percentage or by cost plus a fixed fee.
3. By an agreed on lump sum price.
4. By Change Order as set forth in Section 2-6 below.
5. By Extra Work, as set forth in Sections 2-7 and 6-3.4 below. 2-6 CHANGE ORDERS; WRITTEN ORDERS
Either the City or the Contractor may initiate a Change Order. Change orders shall be in writing and state the dollar value of the change or establish a method of payment, any adjustment in contract time, and shall be signed by the Contractor indicating his acceptance. If no emergency or protest exists, a contract Change Order will not become effective until the City Engineer signs it.
The Engineer may issue a Change Order to the Contractor at any time. If the Contractor disagrees with any term in the Change Order, which he has not, or refuses to execute, he shall submit a written protest to the Engineer within 15 days after the receipt of the Change Order and shall state the reasons for the protest.
The Engineer may issue a Written Order regarding a change in the Contract Documents, or a response to a request for information or clarification. A Written Order may or may not lead to a follow-up Change Order.
2-7 EXTRA WORK
New and unforeseen Work will be classed as Extra Work when: (a) the Engineer determines that the Work is not covered by any of the various items for which there is a bid price or by combinations of such items; and (b) the Work is specifically designated as Extra Work in the Contract Documents.
GENERAL REQUIREMENTS
57 The Contractor shall do such Extra Work (and furnish labor, materials and equipment for it) upon receipt of an approved Change Order or Written Order. The Contractor is not entitled to payment without an approved Change Order or Written Order.
Extra Work will be paid for under this Section 2 or Section 6-3.
In addition to the requirements of any other Contract provision, the time allowed and the price agreed upon for changed and Extra Work shall be conclusive. Any cost of the Work, direct or indirect, and any consequences of added time on the Project, direct or indirect, shall be included in the signed Change Order.
2-8 CLAIMS FOR CONCEALED OR UNKNOWN CONDITIONS
If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the observing party shall promptly give notice to the other party before conditions are disturbed and in no event later than 21 calendar days after the first observance of the conditions. The Engineer will promptly investigate the conditions, and, if they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Work, will recommend an equitable adjustment in the Contract sum or Contract time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer shall so notify the Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination must be made within 21 days after the Engineer has given notice of the decision. If the City and Contractor cannot agree on an adjustment in the Contract sum or Contract time, the adjustment shall be referred to the Engineer for initial determination, subject to further proceedings under General Requirements Section 2-6. 2-9 SITE CONDITIONS
It is believed that information pertaining to conditions that may affect the cost of the proposed Work is shown on the Plans or indicated in the Specifications; however, the City does not warrant the completeness or accuracy of that information. Where an investigation of subsurface conditions has been made, it is for design only. No guarantee, express or implied, is made about the adequacy or sufficiency of those investigations. It is the Contractor’s responsibility to ascertain the existence of any conditions affecting the cost of the Work that would have been disclosed by reasonable examination of the site.
The Contractor shall maintain in operation during the duration of the Contract, drainage lines, storm drains, gas, electrical, steam, and other utility service lines within the working area.
Contractor shall remove and dispose of existing improvements visible at the job site, for which no specific disposition is made on the Plans, but which could reasonably be assumed to interfere with the satisfactory completion of the Work.
2-10 SITE ACCESS
The City will provide rights of way or easements for Work to be constructed. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of rights of way or easements unless otherwise specifically provided.
The Contractor may not store construction equipment or materials within the public right-of-way without written permission of the Engineer. Contractor shall locate and use an appropriate area for
GENERAL REQUIREMENTS
58 storage of equipment and materials at his cost. Contractor must obtain permission from property owner before storing equipment or materials within private property.
GENERAL REQUIREMENTS
59 3 CONTROL OF WORK
3-1 AUTHORITY OF CITY ENGINEER
The City Engineer shall decide all questions which may arise as to: the quality or acceptability of materials furnished and Work performed; the manner of performance and rate of progress of the Work; the interpretation of the Contract Documents; the Contractor’s acceptable fulfillment of the contract; and compensation. His decision shall be final and he has the authority to enforce and make effective the decisions and orders which the Contractor fails to promptly carry out. 3-2 PLANS AND WORKING DRAWINGS
The successful Contractor will be furnished, free of charge, three complete hard copy sets and an electronic (PDF) complete set of Plans and Specifications and revisions to them. Additional sets may be obtained from the Engineer for the cost of reproduction. All Modifications affecting the Contract Documents shall be in writing.
In general, the Plans will indicate dimensions, position and kind of construction, and the Specifications, qualities and methods. Any Work indicated on the Plans and not mentioned in the Specifications shall be the same as similar parts that are detailed, marked or specified. When an item is necessary for the operation of the equipment drawn or specified, the Contractor shall furnish a suitable item that will allow the system to function properly at no extra charge.
Should an error appear in the Plans or Specifications, or the Work done by others affecting this Work, the Contractor shall notify the Engineer who will issue a Written Orders how to correct the error. If the Contractor proceeds with the Work suggested without instruction from the Engineer, it shall make good any resulting damage or defect. This includes typographical errors in the Specifications and notational errors on the Plans where doubtful of interpretation.
Working drawings or plans not included in Plans furnished by the Engineer shall be approved by the Engineer before any Work involving these plans is performed, unless the Engineer waives approval in writing. If the Engineer furnishes additional details to more fully explain the Work, they shall be considered a part of the Contract. If any details are, in the opinion of the Contractor, more elaborate than scale drawings and specifications warrant and indicate Extra Work, the Contractor shall give written notice to the Engineer within five days of receipt. The claim will then be considered and, if justified, the drawings will be amended or the Extra Work authorized.
Failure to give such notice relieves the City of any claim.
Full compensation for Contractor furnishing all working drawings shall be considered as included in the prices paid for the contract items of work to which the drawings relate and no additional compensation will be allowed.
The Contractor shall keep at the Work site a copy of the Plans and Specifications, and the Engineer shall have access to them at all times.
If there is a conflict between the Contract Documents, the precedence shall be as set forth in General Requirements Section 1-2, Definitions (Contract Documents). 3-3 SHOP DRAWINGS
Refer to the Special Provisions for additional shop drawing and submittal information. When shop drawings or other drawings are necessary to adequately control the Work or are required by the Plans or Specifications, or requested by the Engineer, the Contractor shall prepare them in accordance with current modern engineering/architectural practice and at the Contractor’s
GENERAL REQUIREMENTS
60 expense. The drawings shall show completely the work to be done, expanding on the Contract Plans for details not previously shown, field conditions and condition of the Work. Drawings shall be of a size and scale to show clearly all necessary details and shall be transmitted by letter to the Engineer for prompt review and acceptance, allowing sufficient time for that activity, return to the designer and distribution to Contractor and inspection personnel. Resolution of unforeseen field problems will be expedited to minimize adverse effects on construction.
Materials shall not be furnished or fabricated nor any work done for which drawings are required before review and acceptance of the drawings.
When first submitted, the Contractor shall submit electronic copies of each drawing through the project web-based project document platform. Shop drawings shall be clearly marked with the name of the Project, the Contractor and the Subcontractor or supplier making the submittals. The drawing shall be stamped and signed by the Contractor certifying to such check and accompanied by a signed letter of transmittal. This requirement is mandatory and the Engineer will not review submissions without such certification.
If accepted without change or correction, an electronic copy with approval-stamped will be furnished to the Contractor. Contractor shall furnish a copy of the approved shop drawings and keep at the Work Site with the copy of Plans and Specifications, and the Engineer shall have access to them at all times. If extensive additions or corrections are required, the Engineer will return one marked-up electronic copy to the Contractor.
Review and acceptance of shop drawings by the Engineer shall not relieve the Contractor from the responsibility for errors or omissions in those drawings or from deviations from the Contract Documents unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal submitted with the drawings. The Contractor shall be responsible for the correctness of the drawings, for shop fits and field connections, and for the results obtained by use of such drawing. The Contractor shall check all dimensions at the job and shall be responsible for all discrepancies between the dimensions between the dimensions of the actual Work and those shown on the documents or shop drawings. The Contractor shall be solely responsible for all quantities of materials or equipment for to properly complete the Work. 3-4 PROJECT RECORDS DOCUMENTS
The Project Records Documents are the Engineer’s construction documents for the Project that have been modified by the Engineer to show the actual conditions of in-place construction installed by the Contractor as accurately as possible. They include:
1. Drawings marked where required to show changes in dimension or configuration between the original design and final construction;
2. Specifications marked to indicate changes of materials, products, or methods of installation;
3. Modifications to Specifications issued during the course of construction (including Addenda, Change Orders, or Written Orders);
4. Approved Shop Drawings and product data; and
5. Field test records and reports.
Contractor shall prepare record documents as the Work progresses. Do not conceal in place construction until field verifications are made for record purposes.
Locate internal utilities and concealed in the construction, referenced to visible and accessible features of the structure. Note field changes of dimension and detail, and changes made by Change Order. Sketch details not on the original Drawings.
GENERAL REQUIREMENTS
61 For Specifications and Addenda, legibly mark each section to record the manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. Note changes made by Change Order.
Submit an electronic copy (ex. PDF) and not less than two sets of project record document, marked up plans and specifications to the City at the end of the Work, before final payment is made. 3-5 LINES AND GRADES (NOT USED)
3-6 PROTECTION OF WORKERS IN TRENCH EXCAVATIONS
As required by Labor Code section 6705 (and in addition to it), whenever Work under the Contract involves the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the City (or by a registered civil or structural engineer employed by the City, to whom authority to accept has been delegated), in advance of excavation, a detailed plan showing the design of shoring, bracing, slopes, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If the plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs shall be included in the Contract price. Nothing in this section shall be deemed to allow the use of a shoring, slopes, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose tort liability on the City, the Engineer, nor any of their officers, agents, representatives, or employees.
3-7 SUPERINTENDENT
The Contractor is solely responsible for the Work done by his subcontractors or other employees, and all orders or instructions from the Engineer shall be through the Contractor.
At all times during the progress of the Work, the Contractor shall have a competent, authorized superintendent present at the construction site who has complete authority to represent and to act for the Contractor. The Contractor shall not change the superintendent except with consent of the City Engineer, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor.
Whenever the Contractor or the superintendent is not present on any particular part of the Work where the Engineer may wish to give direction, the Engineer may order the Work to stop, or not pay for the work done during that time.
The Contractor shall coordinate the Work of his subcontractors. The Contractor is responsible for the specific scheduling of the Work of his Subcontractors at the proper time to avoid delay or injury to either work or materials.
3-8 EMERGENCY PROVISIONS
Before initial Work is begun, the Contractor and his superintendent shall file with the City Engineer, addresses and telephone numbers where they can be reached during hours when the Work is not in progress. The Contractor shall furnish to the City 24-hour telephone numbers of all key personnel, including key personnel of subcontractors, for use in case of any emergencies. 3-9 CHARACTER OF WORKERS
The Contractor shall at all times enforce strict discipline and good order among his subcontractors and employees, and shall not employ on the Work any unfit person or anyone not skilled in the
GENERAL REQUIREMENTS
62 Work assigned to him, nor anyone incompetent or unfit for his duties. When advised by the City, the Contractor shall dismiss such person and shall not again, without permission, employ that person on the Project.
3-10 CONTRACTOR’S EQUIPMENT AND FACILITIES
The Contractor shall furnish and maintain in good condition all equipment and facilities required for the proper execution and inspection of the Work. The equipment and facilities shall meet all code requirements.
3-11 CLEAN-UP
The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. Before final inspection of the Work, the Contractor shall clean the construction area, material sites, and all ground occupied by him in connection with the Work of all rubbish, excess materials, form lumber, etc. All parts of the Work shall be left in a neat and presentable condition.
3-11.1 Dust control
Whenever the presence of dust becomes a problem, the Contractor shall apply dust control materials as necessary to alleviate the problem. If, in the opinion of the Engineer, the presence of dust has become a problem, Engineer will specify a dust palliative according to these Specifications, which the Contractor shall apply as necessary to alleviate the problem. No separate payment shall be made for the application of materials for dust control and full compensation for furnishing all labor, materials, tools, equipment, and incidentals and doing all the Work involved in applying the materials or palliatives as specified or required by the Engineer shall be considered as included in the prices paid for various contract items of Work. 3-11.2 Watering
Full compensation for developing water supply and applying water, including water used for dust control, shall be considered as included in the various items of Work and no separate payment will be made thereof. The Contractor shall not draw water from any fire hydrant, except to extinguish a fire, without first obtaining permission from the water agency concerned. 3-11.3 Daily Site Clean-Up
The Contractor shall promptly clean the Work as it progresses. As directed during construction, debris and rubbish shall be removed. Site clean-up must occur on a daily basis. The Contractor is responsible for providing the debris container(s). If the City observes the accumulation of trash and debris, the construction manager will send the Contractor a 24-hour written notice to mitigate the condition. If the Contractor fails to perform the required clean-up, or if the Engineer deems the clean-up is unsatisfactory, the City will then perform the clean-up. All costs associated with any City clean-up work (including all travel, payroll burden, and costs for supervision) will be deducted from the Contractor’s total contract amount.
3-11.4 Floors and Pavements
Interior floors and pavements shall be vacuum-cleaned or swept daily. Exterior floors, pavements, and decks shall be swept daily.
3-11.5 Daily Street Clean-Up
Streets shall be cleaned daily of all spilled dirt, gravel, or other foreign material caused by the construction operations. Cleaning shall be by grader and front-end loader supplemented by
GENERAL REQUIREMENTS
63 washing with water, power brushing, and hand labor. All clean-up work shall comply with the stormwater and pollution prevention requirements of Special Provisions Section 9. 3-11.6 Finished Building Surfaces and Appurtenances
Clean, free from labels, stains, and soil of all kinds wherever located. Hardware shall be polished, without paint or dirt marks, and in perfect operation and adjustment. Glass and plastics shall be clean and polished with all labels removed. Fixtures and equipment shall be clean and in perfect operation and adjustment.
3-11.7 Removal of USA markings
Contractor shall remove USA markings as part of the final clean-up. 3-12 INSPECTION
All Work and materials are subject to inspection and approval of the Engineer. The Contractor shall notify the Engineer before noon of the working day before the working day inspection is required. Unless otherwise authorized, work shall be done only in the presence of the Engineer.
Any work done without proper inspection is subject to rejection. The Engineer shall at all times have access to the Work during its construction at off-site shops and yards as well as the Project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with the Contract Documents. City inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract.
The Contractor shall, without additional cost to the City, replace any material or correct any workmanship found not to conform to the Contract requirements, unless the City consents to accept such material or workmanship with an adjustment in Contract price. The Contractor shall immediately separate and remove the rejected material from the site.
If the Contractor does not promptly replace rejected material or correct rejected workmanship, the City may: replace such material or correct the workmanship and charge the cost to the Contractor; or terminate the Contractor’s right to proceed according to the Contract termination clause in General Requirements Section 5.4.
No portion of any Work or installed materials shall be covered or concealed in any manner whatsoever without first obtaining an inspection. The Contractor shall assume the cost of uncovering and replacing Work and materials not inspected.
Projects financed in whole or in part with County, State or Federal funds are subject to inspection at all times by the agency involved.
3-13 FINAL INSPECTION
Whenever the Work has been satisfactorily completed and the final cleaning up performed, the Contractor shall request in writing a final inspection. The City Engineer will make the final inspection with reasonable promptness.
Should the Engineer consider that the Work is incomplete or defective, he will promptly notify the Contractor in writing listing the incomplete or defective work. The Contractor will immediately remedy the deficiencies and send a second written notice that the Work is complete and ready for a re-inspection. When the Engineer determines that the Work is complete, the Contractor shall proceed with closeout submittals. The Contractor may be held liable for the cost of re-inspection if the engineer is required to make more than two inspections to determine if the Work is complete.
GENERAL REQUIREMENTS
64 4 CONTROL OF MATERIALS
4-1 EQUIVALENTS AND ALTERNATIVES
4-1.1 Option to propose equivalent within 15 days
Except as provided below, and in accordance with the PCC section 3400, the Contractor may supply any of the materials specified or offer an equivalent. The Contractor has a period of up to 15 days after award of the contract to submit data substantiating a request for a substitution of “an equal” item.
The Engineer shall determine whether the material offered is equivalent to that specified. Recycled materials, if deemed acceptable by the Engineer, for the requirements of these specifications will be considered for building materials.
If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material. The specified contract completion time shall not be affected by any circumstance developing from the provisions of this subsection. 4-1.2 City-designated material
The City may call for a designated material, product, thing or service by specific brand or trade name and is not obligated to allow substitutes: (a) where the product is designated to match others in use on a particular public improvement either completed or in the course of completion; or (b) if the City Council adopts a resolution making findings that a particular material, product, thing or service is designated by specific brand or trade name in order that a field test or experiment may be made to determine the product’s suitability for future use. 4-1.3 Evaluation of alternatives
Except as provided above, whenever a particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of the manufacturer, that wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal.” A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process or equipment that he considers to be equivalent to that indicated, and it will be evaluated according to the following procedures:
1. The Contractor shall, at their expense, furnish data concerning items offered by him as equivalent to those specified. He shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function.
2. Test methods are subject to the Engineer’s approval. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent.
His findings shall be in writing and are final. Installation and use of a substitute item shall not be made until approved by the Engineer.
3. The Contractor assumes the cost of any redesign necessitated by the substitution. 4-2 SUBSTITUTION OF EQUALS
Once construction has begun, Contractor is liable for the cost of additional Work on the part of the Engineer related to substitutions which the Engineer has not approved in writing before construction. (See also General Requirements Section 2-4.)
GENERAL REQUIREMENTS
65 Within 35 days after the date of the Contract, the City may, at its option, consider formal requests from the General Contractor for substitution of materials in lieu of those specified, or having received prior approval, when submitted in accordance with the following requirements. (PCC section 3400.) One or more of these conditions must also be documented.
1. The substitution is required for compliance with final interpretation of code requirements or insurance regulations.
2. The substitution is due to the unavailability of the specified products, through no fault of the Contractor.
3. Subsequent information discloses the inability of the specified products to perform properly or to fit in the designated space.
4. The manufacturer or fabricator’s refusal to certify or guarantee performance of the specified product as required.
5. In the Engineer’s judgment, a substitution would be substantially to the City’s best interests in terms of cost or time.
The approval of different materials or products shall be determined by the methods set forth in this Section 4. No product or material shall be arbitrarily presumed to be “acceptable” without having first been so judged by appropriate procedures.
4-3 DEFECTIVE WORK AND MATERIALS AND UNAUTHORIZED WORK
All materials, parts and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Workmanship shall be in accordance with the generally accepted standards. Material and Workmanship are subject to the Engineer’s approval.
Materials and Workmanship not conforming to the requirements of these Specifications shall be considered defective and is subject to rejection. Defective Work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at his expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged Work or material after reasonable notice, the Engineer may cause the Work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts and equipment may be used only if permitted by the Engineer.
Any Work done beyond the lines and grades shown on the approved plans, or established by the Engineer, without written authority, will be considered unauthorized and will not be paid for.
If the Contractor fails to comply promptly with any Engineer’s Order made under this article 6, the Engineer has the authority to cause the defective Work to be remedied, or removed and replaced, and unauthorized Work to be removed, and to deduct (back charge) the costs from any moneys due or to become due the Contractor.
4-4 CITY-FURNISHED MATERIALS
Materials furnished by the City will be made available at locations designated in the Special Provisions. The cost of handling and placing City-furnished materials is considered as included in the price paid for the contract item.
The Contractor is responsible for all materials furnished and shall pay all demurrage and storage charges. The Contractor shall replace City-furnished materials lost or damaged. The Contractor is liable to the City for the cost of replacing City-furnished material and those costs may be deducted from any moneys due to the Contractor.
GENERAL REQUIREMENTS
66 4-5 STORAGE OF MATERIALS
Materials shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work. When considered necessary by the Engineer, materials shall be placed on platforms or other hard, clean surfaces and covered when directed. Materials shall be stored so as to facilitate inspection.
The Contractor shall promptly inspect all material as delivered and return defective materials without waiting for rejection by the Engineer.
The Contractor, at their expense, shall select and maintain locations and arrangements for storage sites for materials and equipment outside the right of way or limits of Work, unless otherwise designated in the Contract Documents. Full compensation for furnishing such storage sites is considered as included in the unit price bid for various items of Work and no additional compensation will be allowed.
4-6 SAMPLES AND TESTS
Before incorporation in the Work, the Contractor shall submit samples of materials, as specified and as the Engineer may require, at no cost to the City. The Contractor, at his own expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, the initial testing shall be at no expense to the Contractor. Any re-testing due to failing to pass tests shall be at the Contractor’s expense. When required by the Engineer, the Contractor shall furnish at no cost to the City the manufacturer’s Certificate of Compliance and other documents which state that tests and quality have been passed.
The Contractor shall notify the City in writing at least 15 days in advance of his intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. 4-7 WARRANTY
The Contractor warrants to the City that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of any portions of the Contract Documents or by any requirements of code, law, ordinance or statute.
The entire Work shall be warranted against defects in materials and workmanship for a period of one year from the date of final acceptance by the City, unless a longer period is indicated in the Contract Documents. The warranty shall specifically provide that all defects in materials and workmanship will be remedied to the satisfaction of the Engineer, at no additional cost to the City.
Contractor shall furnish a Warranty Bond by an approved bonding company for the warranty period.
Contractor further warrants all corrective action against defects in design (when design is not provided by the City), during the one-year warranty period (subject to the limitations of Civil Code section 2782.8).
GENERAL REQUIREMENTS
67 5 PROGRESS OF WORK
5-1 BEGINNING OF WORK
The Contractor shall begin Work within five days after receiving notice to proceed and shall diligently and continuously pursue the Work to completion without interruption within the time limit provided in the Contract Documents.
If the Contractor begins Work in advance of receiving the notice to proceed, any Work performed in advance of the that date shall be considered as having been done by him at his own risk and as a volunteer, unless the Contract Documents provide otherwise. 5-2 PROGRESS SCHEDULE
5-2.1 Requirements
Within ten days after the Notice of Award, or on returning the signed contract, whichever is sooner, the Contractor shall submit to the Engineer a detailed Construction Schedule and Construction Logistics Plan.
The Construction Schedule shall show: the order in which the Contractor proposes to carry out the Work; the dates on which he will start the several salient features of the Work (including procurement of materials, plant and equipment); the contemplated dates for completing each feature; and the critical path items. The accompanying bar chart shall show in detail and in order sequence all activities, their descriptions, duration and sequence, necessary and required to complete all Work and any separable parts of it. The activity listing shall show the following information for each activity on the network diagram:
• Identification by description
• Duration
• Start and finish dates
• Critical Path
• Total float time
The Construction Schedule shall be complete in all respects, covering in addition to activities at the site of Work, off site activities such as design, fabrication, procurement and delivery supported by schedules from subcontractors and sub-suppliers, and the scheduled job site delivery dates of equipment to be furnished by the City, if any. The Contractor is required to prepare and submit an electronic full size executed black line print of this schedule through the web-based project document platform to the Engineer for approval before the first application for payment.
1. The Construction Logistics shall depict: the general location and areas of Work in sequence, the planned temporary detours, including durations, to maintain access to affected residents and businesses the Work will be sequenced and access to residents and businesses in the project area, and depict the necessary sequences of Work to protect the existing active utility systems during construction until utility services are cut-over to the new utilities. .
5-2.2 City acceptance
The City shall have fifteen working days to accept or reject the Schedule and Logistics Plan.
Contractor shall update the Schedule and Logistics Plan as required by the Engineer. The Contractor shall keep the Engineer advised of the progress of the Work and shall notify the
GENERAL REQUIREMENTS
68 Engineer immediately in writing of any delay, and the causes for it, which may prevent the Project from being completed within the specified time.
Contractor’s Construction Schedule may be rejected by the City if the Schedule does not show the separable tasks to be performed in sufficient detail to determine the progress of the Work. It may also be rejected if the Schedule does not show the critical path when a network analysis is required, or show the sequence of tasks and dependencies. No Schedule will be accepted that shows a completion date that is before the contract date. The Schedule may show an early finish, provided that the free float is available to the City or the Contractor, whoever has need to use it first. The count of working days stops when the Work is complete and a final inspection is called for. The time required to correct deficiencies after the final inspection in not part of the contract time and is additional time as defined in the Contract Documents. 5-2.3 Schedule changes
The Contractor shall promptly inform the City of any proposed change in the schedule and narrative and shall furnish the City with a revised Schedule within ten calendar days after approval by the City of the change. The schedule and logistics plan shall be kept up to date, taking into account the actual progress of Work and shall be revised, if necessary every 30 calendar days. The revised schedule and logistics plan shall, as determined by the City, be sufficient to meet the requirements for the completion of the separable parts of any and all Work as set forth in the Contract.
When the Schedule is changed, Schedule updates must be submitted as a condition of receiving the monthly progress payment. No change will be allowed to the critical path without the City’s written consent. Schedule updates must show the as-built progress of Work completed before the date of the update.
5-3 TEMPORARY SUSPENSION OF WORK
5-3.1 Suspension by Engineer
If the Engineer determines that the Work is not proceeding in accordance with the Contract Documents or any applicable rules and regulations, the Engineer may order the cessation of further Work until the Work proceeds in compliance with those requirements. Delays in the Work occasioned by such stoppage do not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion.
The Engineer has the authority to suspend the Work wholly or in part, for a period as he deems necessary, due to unsuitable weather, or to other conditions that are considered unfavorable for the suitable prosecution of the Work. Such a temporary suspension will be considered as justification for time extensions to the Contract in an amount equal to the period of the suspension.
If a suspension of Work is ordered under this Section, the Contractor, at his expense, shall do all work necessary to provide safe conditions in accordance with General Requirements Section 7.15, Public Convenience and Safety, during the period of the suspension. If the Contractor fails to perform the work as specified, the City will perform that work and the cost will be charged against the Contractor and will be deducted from moneys due the Contractor. 5-3.2 Abnormal weather conditions
Weather days will be recorded by the Contractor and forwarded to the Construction Manager within five days of occurrence. Weather day delays are calculated by subtracting the 10-year average disruptive weather, as described above, from the actual encountered/report days.
Contractor’s schedule should include normal weather days. There shall be no increase in the
GENERAL REQUIREMENTS
69 contract sum or remuneration of any kind by City to Contractor for extensions due to abnormal weather day delays.
A rain, windstorm, high water or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality, shall not be construed as abnormal. It is hereby agreed that all disruptive weather events with an average interval of ten years or more between their occurrence and the occurrence of a similar event of equal or greater magnitude cannot be reasonably anticipated. For the purposes of this contract, weather information and historical data for an area in question shall be assumed to be the same as that measured at the nearest or most applicable record station of the Environmental Data Service of the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce.
Information on measuring stations of the National Oceanic and Atmospheric Administration (NOAA) can be found in the “Climatological Data” published by NOAA. This publication may be found in public libraries or contact:
National Climatic Data Center Telephone: (828) 271-4800 Federal Building Website: www.ncdc.noaa.gov
151 Patton Avenue
Asheville, NC 28801-5001
5-4 TERMINATION OF CONTRACT FOR DEFAULT
5-4.1 Grounds for termination
The City Council may terminate the Contract at any time upon a determination that the Contractor has:
1. failed or refuses to supply either properly skilled workers, a sufficient work force, proper materials or suitable equipment for the Work; or
2. disregarded laws, ordinances, rules and regulations, or orders of a public authority having jurisdiction; or
3. failed to prosecute the Work diligently and in compliance with the schedule in accordance with the terms of the Contract Documents; or
4. otherwise materially breached the terms and conditions of the Contract.
The decision to terminate the Contract for the reasons set forth in this section shall be made by the City Council and such decision shall be final and binding on the parties to the Contract. City shall provide written notice of termination to both the Contractor and its surety. 5-4.2 Upon termination
Upon termination, the Contractor shall cease all operations on the Project and the City, without prejudice to any other rights or remedies, may:
1. take possession of all or any part of the Contractor’s materials, tools, equipment and appliances upon the premises and use them for the purpose of completing the Work; and/or
2. hire such forces and buy or rent such additional machinery, tools, appliances and equipment and buy such additional materials and supplies at Contractor’s expense as may be necessary for the proper completion of the Work; and/or
3. employ other parties to carry out the Contract to completion, employ the necessary workers, substitute other machinery and materials and purchase the materials contracted for in such a manner as the City may deem proper, and/or
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70 4. annul and cancel the Contract and re-let the Work or any portion of it.
If requested by City, Contractor agrees to promptly assign to City such subcontracts, equipment rental contracts, materials, purchase contracts, and other contracts with third parties who were furnishing property and/or services for construction of the Project. 5-4.3 Costs after termination
When the City terminates the Contract for any of the reasons stated above, neither Contractor nor its surety shall be entitled to receive any further payments until the Work has been finally completed. All costs and expenses, including costs of administering the Contract incurred in the completion of the Work, shall be charged to the Contractor and its surety. Any excess of costs arising over and above the Contract price shall be the responsibility of the Contractor and its sureties. The Contractor will be credited with the surplus, if any, remaining after all just claims have been satisfied and costs of completion have been paid. 5-5 RIGHT-OF-WAY DELAYS
If through the failure of the City to acquire or clear rights of way (except for utility delays, which will be governed by Section 5-10.4, Utility Relocation and Rearrangement), the Contractor sustains loss which could not have been avoided by the judicious handling of forces, equipment, and plant, the City shall pay the Contractor the amount as the Engineer finds to be fair and reasonable compensation for the part of the Contractor’s actual loss as, in the opinion of the Engineer, was unavoidable.
Actual loss shall be understood to include no items of expense other than idle time of equipment at prevailing rates in the area and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls, with no markup in any case for overhead or profit.
If performance of the Contractor’s Work is delayed as the result of the failure of the City to acquire or clear rights of way, the City will grant an extension of time determined under these General Requirements. (See also General Requirements Section 6-7.3, Delays.) 5-6 TIME OF COMPLETION
The Contractor shall complete all of the Work called for under the contract within the number of working days set forth in the Contract Documents.
A “working day” is defined as any day, except: (a) Saturdays, Sundays and legal holidays; (b) days on which the Contractor is specifically required by the Contract Documents to suspend operations; (c) days on which the Contractor is prevented by inclement weather or conditions resulting immediately from it, adverse to the current controlling operation(s), as determined by the Engineer, from proceeding with at least 75% of the normal labor and equipment force engaged on the operation(s) for at least five hours toward completion of the operation(s).
If the Contractor prepares to begin Work at the regular starting time in the morning of any day on which inclement weather or the conditions resulting from the weather, or the condition of the Work, prevents the Work from beginning at the usual starting time, and the crew is dismissed as a result, and the Contractor does not proceed with at least 75% of the normal labor and equipment force engaged in the current controlling operation(s) for at least five hours toward completion of the operation(s), the Contractor will not be charged for a working day, whether or not conditions change later during the day and the major portion of the day could be considered to be suitable for the construction operations.
GENERAL REQUIREMENTS
71 The “current controlling operation(s)” as used in the above paragraph includes any feature of the Work considered at the time by the Engineer and the Contractor, which, if delayed, will delay the time of completion of the contract.
Determination of each non-working day, except Saturdays, Sundays, legal holidays, and days on which the Contractor is specifically required by the Contract Documents to suspend construction operations, shall be made and agreed upon during the day by conference between the Engineer and the Contractor, and if they fail to agree, the Contractor will be allowed ten days in which to file a written protest setting forth in what respects he differs from the Engineer. Otherwise the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. 5-7 LIQUIDATED DAMAGES
5-7.1 General
The parties agree that: time is of the essence in the completion of this Work; and if all the Work is not completed before or upon the completion date, the City will sustain damages; and it is impracticable to determine the actual damage which the City will sustain; the Contractor will pay to the City the sum set forth in the Contract Documents per day for each and every day’s delay beyond the time prescribed to complete the Work; and the Contractor will pay such liquidated damages; and, if those damages are not paid, the City may deduct the amount from any money due or that may become due the Contractor.
It is further agreed that if the Work called is not completed within the number of working days specified, the Engineer has the right to increase the number of working days or not, as he may deem best to serve the City’s interests. If he decides to extend the number of working days, he may charge the Contractor, or sureties, and deduct from the final payment for the Work, all or any part, as he deems proper, of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of the extension. However, the cost of final surveys and preparation of final estimate shall not be included in those charges.
5-7.2 Extensions
The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the Work beyond the time named in the Contract Documents caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, shortage of materials and freight embargoes. The Contractor has the responsibility for applying for extensions of time for delays arising from these causes within ten days from the beginning of any such delay. The Contractor has the burden of documenting, as the Engineer may require, the basis for the request for extension of time. The request shall be submitted to the Engineer whose findings shall be final and conclusive.
Upon the Contractor’s submission of satisfactory proof to the Engineer, shortage of material will be acceptable as grounds for increasing the number of working days. In order that such proof may be satisfactory and acceptable to the City Engineer, there must be a showing that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. The Engineer may decide whether or not an increase in the number of working days will be granted, and his decision is final. If the increase is granted, the Contractor will not be assessed with liquidated damages nor the cost of engineering and inspection during the increase.
Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable,
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72 practical, or economical cost or price, unless it is shown to the satisfaction of the Engineer that the material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining those quantities.
If the Contractor is delayed in the completion of the Work by reason of changes made under Section 4 (Scope of Work), or by failure of the City to acquire or clear right of way, or by any act of the Engineer not contemplated by the Contract, an extension of time commensurate with the delay so caused will be granted and the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by that extension of time. However, the Contractor shall notify the Engineer in writing of the causes of the delay within ten days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay, and his findings shall be final. 5-8 SUBCONTRACTING
The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. No subcontractor will be recognized as such, and all persons engaged in the Work of construction will be considered as employees of the Contractor and he will be held responsible for their Work.
5-9 ASSIGNMENT
The City and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party and to the partners, successors, assigns and legal representatives of the other party in respect to the terms of the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him under the Contract without the City’s prior written consent.
A consolidation or merger of Contractor or a change in ownership of 25% or more of Contractor’s capital stock shall constitute an assignment by Contractor requiring the written consent of City. 5-10 PROTECTION OF EXISTING UTILITIES
5-10.1 Notice
In accordance with the requirements of Government Code sections 4216 and 4216.9, Contractor shall give notice to the Regional Notification Center, USA Underground Service Alert Regional Notification Center (USA) at 1-800-227-2600, at least two working days before beginning any excavation work.
The Contractor shall immediately notify the Engineer and utility owner of any damage to a utility. 5-10.2 Location
No utility lines are shown on the Plans. Records of existing utilities locations, as received from the various utility companies, are on file at the Public Services Department – Engineering Division office and may be examined by the Contractor at any time before or after the job is bid.
Before beginning Work, the Contractor shall mark the area of proposed excavation with white paint or other suitable marking, as required by code, before calling USA. Where it is not possible to adequately delineate the work area, the Contractor shall include in his notification a request for a field meeting with representatives with a plan showing the Work area as needed to expedite marking of facilities. A valid inquiry number shall be maintained and re-validated upon expiration for the duration of the excavation Work. The Contractor shall further request the utility owners to
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73 mark or otherwise indicate the approximate location of their installations and cooperate with them in the necessary arrangements.
It is the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which Contractor believes may affect or be affected by its operations. 5-10.3 Damage and Protection
Contractor shall exercise extreme care and caution in the performance of all underground Work to avoid damage to any facility. No compensation for any necessary rearrangement of underground facilities shall be allowed. Where it is necessary to construct or relocate underground utilities in the construction area, such Work shall be done by the respective utility owner, or their agent, unless otherwise noted. Unless otherwise permitted by the owner of the underground facility, the Contractor shall hand dig wherever he is within 24” (horizontally) of any marked utility line.
Damage to any of the facilities shall be repaired by the owner of the utility at the Contractor’s expense.
If an existing sanitary sewer lateral is damaged, repairs must be arranged for immediately by a qualified Contractor. This entails securing a repair permit at the District office. All repairs must be completed at the Contractor’s expense and must be inspected by a District Inspector.
All Work on this Project shall be so conducted as to permit utility companies to maintain their services or if necessary, to install any additional facilities without interruption.
The Contractor shall immediately notify the Engineer and utility City of any damage to a utility.
The cost of repairing and/or relocating any damaged utilities is the Contractor’s responsibility when the locations are shown on the Project plans or marked by the utility, or when the Contractor fails to call USA or request a remarking of obliterated marks. 5-10.4 Utility Relocation and Rearrangement
The right is reserved to the City and the utility owners (or their authorized agents) to the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his operation in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by those forces, and shall allow the respective utilities time to relocate their facilities.
The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities when facilities are identified by the Contract Documents. It is the Contractor’s duty to coordinate with the owner of utility facilities for the rearrangement of those facilities.
If certain underground utilities not known to the City or in a different location than shown on the plans or special provisions are found to exist, the Contractor shall: (1) immediately notify the Engineer of the existence of the facilities; and (2) take steps to ascertain the exact location of all underground facilities before doing work that may damage the facilities.
Requests for extensions of time arising out of utility rearrangement delays shall be governed by the procedure set forth in Section 5.5, right-of-way delays. In accordance with Government Code section 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the Project when the delay was caused by the failure of the public agency or owner of the facilities to provide for removal or relocation of the existing facilities.
GENERAL REQUIREMENTS
74 Where the Engineer determines that the rearrangement of an underground main, the existence of which is not shown in the Contract Documents, is essential to accommodate the contemplated improvement, the Engineer will provide for the rearrangement of the facility by other forces.
Alternatively, those rearrangements shall be performed by the Contractor and will be paid for as Extra Work.
When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the owners and the work will be done at no cost to the Contractor.
Temporary or permanent relocation or alteration of utilities desired by the Contractor for his own convenience are his responsibility, and he shall arrange and bear all costs.
Some existing utility facilities may require relocation during construction of the Project. The following procedure shall be used to determine if relocation is necessary: Contractor shall notify U.S.A. for underground utility locating and locating shall be completed.
Contractor to determine locations of potential conflict between existing utilities and proposed underground construction. In case of conflicts, the Contractor and Engineer shall decide if existing utilities or the proposed improvements should be relocated. If conflicts with utilities occur and utility relocations are necessary, it shall be the responsibility of the Contractor to coordinate all necessary utility relocations with the appropriate utility companies. Contractor shall schedule Work so that during such conflict and relocation there shall not be any Work stoppage including labor, tools, and equipment and consequently no extra cost shall be charged for idle time.
GENERAL REQUIREMENTS
75 6 MEASUREMENT AND PAYMENT
6-1 MEASUREMENT OF QUANTITIES
6-1.1 Methods of Measurement
Materials and items of Work which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections involved. 6-1.2 Certified Weights
When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing the actual net weights. The City will accept the certificate as evidence of the weights delivered.
6-1.3 Units of Measurement
Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon.
Material not used from a transporting vehicle shall be determined by the Engineer and deducted from the certified tag.
When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Engineer in writing, the material will be weighted and converted to volume measurement for payment purposes. The Engineer shall determine factors for conversion from weight measurement to volume measurement and the Contractor shall agree them before that method of measurement of pay quantities will be adopted.
Full compensation for all expense involved in conforming to the above requirements for measuring and weighing materials is included in the unit prices paid for the materials being measured or weighed and no additional allowance will be made.
The City will not pay for the following and they will be deducted from the final total quantities:
quantities of material wasted or disposed of in a manner not called for under the contract; rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the contract; material not unloaded from the transporting vehicle; material placed outside the lines indicated on the plans or given by the Engineer; material remaining on hand after completion of the contract. No compensation will be allowed for hauling rejected material.
6-2 SCOPE OF PAYMENT
The Contractor shall accept the compensation, as provided in the Contract Documents, as full payment for: furnishing all labor, materials, tools, equipment, disposal and incidentals necessary to the completed Work; performing all Work contemplated under the contract; loss or damage arising from the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work; expenses incurred in consequence of the suspension or discontinuance of the Work as specified in the Contract Documents; and for completing the Work according to the Contract Documents. Neither the
GENERAL REQUIREMENTS
76 payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective Work or material.
No compensation will be made for loss of anticipated profits. Increased or decreased Work involving Change Orders or Engineer's Orders will be paid for as provided in those documents.
Payment for items called out elsewhere in the Plans and Specifications, but not specifically listed as a bid or pay item, shall be considered to be included in other items of Work and no additional compensation will be allowed for them.
6-3 EXTRA WORK
6-3.1 General
New or unforeseen Work will be classed as Extra Work when the Engineer determines that it is not covered by Contract unit prices or stipulated unit prices. (See also Section 2-7.) 6-3.2 Payment
When the price for the Extra Work cannot be agreed upon, the City will issue a Written Order and pay for the Extra Work based on the accumulation of costs as provided here. 6-3.3 Daily Reports by Contractor
At the close of each working day, the Contractor shall submit a daily report to the Engineer, on forms approved by the City, together with applicable delivery tickets, listing all labor, materials and equipment involved for that day, and for other services and expenditures when authorized.
The parties shall attempt to reach agreement or reconcile the report daily, and both shall sign it. If there is disagreement, pertinent notes shall be entered by each party to explain points that cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by subcontractors or others shall be submitted through the Contractor. 6-3.4 Basis for Establishing Costs
6-3.4A Labor
The report shall show names of workers, classification and hours worked. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Extra Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification that would increase the Extra Work cost will not be permitted unless the Contractor establishes the necessity for the additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor surcharge for all payments required by State and Federal law shall be taken from the current State of California Labor Surcharge and Equipment Rental Rate publication. 6-3.4B Material
The report shall describe and list quantities of materials used. The cost of materials reported shall be at invoice or lowest current price at which the materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight and delivery.
The City reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the City.
GENERAL REQUIREMENTS
77 6-3.4C Equipment
The report shall show type of equipment, size, identification number, hours of operation, including loading and transportation, if applicable.
6-3.4D Tool and equipment rental
No payment will be made for the use of tools that are not listed on the current State Labor Surcharge and Equipment Rental Rate publication. The rates shall be taken from the current edition of the Rate publication, except modified as follows:
Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.
The rental rates paid shall include: the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance; depreciation, storage; insurance; necessary loading and transportation costs; and all incidentals. Operators of rented equipment will be paid for as provided for under “Labor” above.
If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the City than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site at no expense to the City.
All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and manufacturer’s approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
The reported rental time for equipment already at the job site shall be the duration of its use on the Extra Work, beginning at the time it is first put into actual operation on the Extra Work, plus the time required to move it from its previous site and back, or to a closer site. 6-3.4E Other services and expenditures
Other services and expenditures shall be described in such detail as the City may require. 6-3.4F Other Items
The City may authorize other items that may be required on the Extra Work. Such items include labor, services, material and equipment which are different in their nature from those required for the Work specified in the Contract and which are of a type not ordinarily available from the Contractor or any of his subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment.
6-3.5 Invoices; Mark-up
Vendors’ invoices for material, equipment rental, and other expenditures, shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the City may establish the cost of the item involved at the lowest price that was current at the time of the report.
Except any markup prohibitions in Section 6.3, a markup not to exceed 10% of total Contractor costs is allowed for overhead and profit. A markup not to exceed 5% of the total Subcontractor costs is allowed for overhead and profit.
GENERAL REQUIREMENTS
78 6-4 PARTIAL PAYMENTS
To arrive at agreement on partial payments for items bid as lump sum, the Contractor shall submit a proposed breakdown of values of the various elements of work comprising the lump sum. The Engineer shall, once each month, prepare an estimate (on forms furnished by the Engineer) of the total amount of Work done and acceptable materials on hand (materials furnished and delivered by the Contractor on the ground and not used). The Contractor shall review and sign the Engineer’s monthly estimate. Upon the Engineer’s approval of the monthly estimate, the City shall retain 5% of the estimated value of the Work done and materials on hand, and shall monthly pay to the Contractor, while carrying on the Work, the balance not retained, after deducting all previous payments and all sums to be kept or retained under the Contract. No such estimate or payment is required when, in the Engineer's judgment, the Work is not proceeding in accordance with the Contract, or when in his judgment the total value of the Work done since the last estimate amounts to less than $1,000.00.
6-5 PAYMENT WITHHELD
The City may withhold or nullify (on account of later discovered evidence) all or part of any payment made to the Contractor by the City as to the amount determined to be due the Contractor, to the extent and period of time only as is necessary to protect the City from loss on account of:
Defective Work not remedied, or uncompleted Work:
1. Claims filed or reasonable evidence indicating probable filing;
2. Failure to properly pay Subcontractors or for material or labor;
3. Reasonable doubt that the Work can be completed for the balance then unpaid;
4. Failure to achieve sufficient progress with the Work to meet the required completion date; or
5. Damage to another contractor or third party, other than damage due to delays. 6-6 ACCEPTANCE OF THE WORK AND FINAL ESTIMATE AND PAYMENT Whenever City Council has accepted the work as complete, the City will file a Notice of Completion with the County Recorder within 15 days. (Civil Code section 9204.) Retention will be held sixty days after the Notice of Completion is filed or until a recorded copy of the Notice of Completion is returned from the County, whichever is first. 6-6.1 Final measurements
The payment due the Contractor shall be determined from the final measurements made by the Engineer and the unit prices bid, or provided, by the Contractor, including the authorized Extra Work. All prior partial quantities and payments are subject to correction in the final payment, and no payment shall be construed to be an acceptance of any defective work or improper materials. 6-6.2 Deductions
From the total amount of the Work, the City will deduct: (a) 5%; and, (b) from the remainder, all amounts due to the City from the Contractor in accordance with the Contract.
From the balance thus determined, the City will deduct the total amount of all previous payments made to the Contractor. The remainder will be the amount to be paid to the Contractor. 6-6.3 Payment of retained amounts
The final payment of retained amounts is due within 60 days of completion of the Work. “Completion” means City’s use of the Work; (2) acceptance of the Work; or (3) other factors set forth in PCC section 7107. (See Civil Code section 9200 regarding definition of “completion.”)
GENERAL REQUIREMENTS
79 The City shall not certify that the Contract has been completed until 60 days or more after the City files the Notice of Completion.
6-6.4 Contractor's release of claims
Payment of undisputed contract amounts is contingent upon the Contractor’s furnishing City with a release of all claims against City arising from the performance of Work relative to those amounts.
Contractor may only exclude from the release those claims in the amounts stated which have been properly noticed.
6-6.5 Substitute security
Under PCC section 22300, the Contractor may substitute securities for any money held by the City to ensure performance of the Contract. Securities eligible under this section are limited to those listed in Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or other security mutually agreed upon by the Contractor and the Engineer.
6-7 CLAIMS
6-7.1 Definition; Submittal
Contractor's request: (a) for the payment of any additional compensation for any cause; (b) an extension of time for the performance of Work; or (c) any other relief with reference to the terms of the Contract, including any dispute or question relative to the Contract Documents; is a “Claim”.
The Contractor must submit a Claim to the Engineer in writing for consideration. Notices of potential claim are not acceptable for the purpose of timely notice to the City of a Claim.
Each Claims shall contain sufficient detail to enable the Engineer to evaluate the basis, validity and computation of the Claim including, but not limited to, evidence supporting the alleged Claim and a current schedule showing the effect of the occurrence on the critical path.
Submittal of a claim properly certified, with all required supporting documentation, and City's written rejection or denial of all or part of the claim, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the Contractor. 6-7.2 Timing
When a Claim is based on an act or failure to act by the City, its agents, employees or representatives, the Contractor must present the claim to the Engineer before the Contractor performs the work. In all other instances Claims must be presented in writing within ten days after the occurrence of the event giving rise to the Claim. Contractor’s noncompliance with any of the time and notice requirements in this section shall render the Claim(s) invalid. 6-7.3 Delays
There is no compensable delay unless there is a delay to the critical path and the Project completion is delayed beyond the Contract completion date. Except for the additional compensation provided for in Section 5.5, Right of Way Delays, and except as provided in this Section 6.7, Claims, the Contractor has no claim for damage or compensation for any delay or hindrance. It is recognized that changes to the contract are expressly within the contemplation of the parties. 6-7.4 Claim certification
All claims submitted to the City must be certified as follows:
GENERAL REQUIREMENTS
80 I, ___________________, being the _______________________ (must be an officer) of ______________________________________ (General Contractor), declare under penalty of perjury under the laws of the state of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents, and said claim is made in good faith; the supporting data is truthful and accurate; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the City is liable; and further, that I am familiar with Government Code Section 12560 – 12656 (False Claims Act) and Penal Code section 72 pertaining to false claims, and further know and understand that the submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequence.
6-7.5 Subcontracts
Contractor shall include the following provisions in all subcontracts.
The Contractor and the City contemplate that the completion of the Work may be delayed by weather, force majeure, minor changes in Plans and Specifications, and actions of utilities and other third parties. The Contractor shall have no claim for damages or compensation for delay in completion of the Work:
1. Caused by any person or entity other than the City or due to any reason beyond the complete control of the City.
2. Caused by the City, unless the delay is unreasonable under the circumstances. Any such delay shall be presumed to be reasonable unless the delay results from a cause that was reasonably foreseeable to the City and the City negligently or through willful misconduct failed to prevent the delay.
3. If the Work is completed within the number of work days stated in the Contract Documents, regardless of whether the Contractor’s schedule indicated an earlier completion date.
4. Resulting from a Change Order.
5. If there was no delay in the critical path of the Work.
If the Contractor is entitled to bring a claim for delay under this section, any compensation or damages shall be limited to the Contractor's actual loss. "Actual loss" does not include any expense other than idle time of equipment, necessary payments for idle time of day labor, the cost of extra moving of equipment and the cost of longer hauls. Compensation, if any, for idle equipment and day labor shall be determined under the State of California Standard Specifications Section 8-
1.07C. In no event is the Contractor entitled to compensation or damages which include profit, mark-ups, overhead (including but not limited to central office overhead and salaries of salaried employees), and costs for non-working days.
6-7.6 Tort Claims Act
Before filing a construction claim under PCC section 20104-20104.6, the Contractor must first file a tort claim under Government Code section 900, et seq..
GENERAL REQUIREMENTS
81 7 LEGAL RELATIONS AND RESPONSIBILITY
7-1 LAWS TO BE OBSERVED
The Contractor shall stay fully informed of and comply with all existing and future County, State and Federal laws and regulations and all municipal ordinances and regulations of the City which affect those employed in the Work, or the materials used, or which affect the conduct of the Work, and of all the orders and decrees of bodies or tribunals having jurisdiction or authority over the Work. If a discrepancy or inconsistency is discovered in the Contract Documents in relation to a law, ordinance, regulation, order or decree, the Contractor shall promptly report it in writing to the Engineer.
7-2 LABOR
7-2.1 General
The Contractor is bound by and shall comply with the applicable provisions of the Labor Code and with Federal, State and local laws related to labor. 7-2.2 No Discrimination
Under Labor Code section 1735, the Contractor shall not discriminate in the employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation of any person, except as provided in Government Code Section 12940. A Contractor violating this section is subject to all the penalties imposed for a violation.
7-2.3 Apprentices
Attention is directed to Labor Code sections 1777.5, 1777.6 and 1777.7 and to Title 8, California Administrative Code section 227 and following. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio, the Contractor (and subcontractors) should, where some question exists, contact the Division of Apprenticeship Standards before beginning the Work. The Contractor is responsible for compliance with this paragraph.
7-2.4 State Wage Determination
As required by Labor Code sections 1770 and following, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of the prevailing rates are on file at the City offices, and will be made available to any interested party on request. The Contractor shall post a copy of the prevailing rates at each job site.
As provided in Labor Code Section 1775 (and subject to that section), the Contractor shall, as a penalty to the City, forfeit up to $200 for each calendar day, or portion of a day, for each worker paid less than the prevailing rates, whether the worker is employed by Contractor or a subcontractor.
GENERAL REQUIREMENTS
82 7-2.5 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations
7-2.5A Payroll records
As required by Labor Code section 1776, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Project. These payroll records shall be certified and shall be available for inspection at all reasonable hours at the Contractor’s principal office on the following basis:
A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
A certified copy of all employee payroll records shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. The Contractor and each subcontractor shall file a certified copy of the requested payroll records within ten days after receiving a written request.
7-2.5B Public inspection
A certified copy of all payroll records shall be made available upon request by the public for inspection or copies. However, a request by the public shall be made through the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided under subparagraph 1(b), above, the requesting party shall, before receiving the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal offices of the Contractor.
No disclosure of individuals. Any copy of records made available for inspection and copies furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated.
7-2.5C Location of records
The Contractor shall inform the City of the location of the payroll records including the street address, city and county, and shall, within five working days, provide a notice of change of location and address.
7-2.5D Notice and penalty for non-compliance
In the event of noncompliance with the requirements of this section 7-2.5, the Contractor shall have ten days in which to comply after receiving written notice specifying in what respects the Contractor must comply. If Contractor has not complied within the ten-day period, the Contractor shall, as a penalty to the City, forfeit $100.00 for each calendar day, or portion of a day, for each worker, until strict compliance occurs. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Contractor is responsible for compliance with this section.
GENERAL REQUIREMENTS
83 7-2.5E Department of Industrial Relations Requirements As required by Labor Code section 1725.5, the Contractor and subcontractors shall be registered with the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner per Labor Code section 1771.4. The Department of Industrial Relations will monitor and enforce compliance with prevailing wage requirements.
7-2.6 Working Hours
The Contractor shall comply with the applicable provisions of Labor Code sections 1810 to 1815 relating to working hours. The Contractor shall, as a penalty of the City, forfeit $25.00 for each worker employed on the Project by the Contractor or by any subcontractor for each calendar day during which the worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week, unless the worker receives compensation for the hours worked in excess of eight hours at not less than one and one-half times the basic rate of pay. 7-2.7 Workers’ Compensation
In accordance with Labor Code section 1860, the Contractor’s attention is directed to the requirement that (under Labor Code section 3700) every Contractor is required to secure the payment of compensation of his or her employees. In accordance with the Labor Code section 1861, each Contractor shall sign and file with the City the following certification before performing the Work: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance 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.” 7-3 (NOT USED)
7-4 CONTRACTOR’S LICENSING LAWS
Attention is directed to the provisions of the California Business and Professions Code concerning the licensing of Contractors. All Contractors shall be licensed in accordance with the laws of the State of California and any Contractor not so licensed is subject to the penalties imposed by those laws.
7-5 PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the lawful prosecution of the Work. On contracts let by the City, fees and charges required by City permit will be waived. A City of Alameda Business License from the City of Alameda, 2263 Santa Clara Avenue, Finance Department, Room 220, Alameda is required. See Section 14 Special Provisions.
7-6 USE OF EXPLOSIVES
Each person engaged in the activities of receiving, storing, using, handling or transporting any explosives must obtain a permit from the Contra Costa County Fire Prevention District; and all Work shall be governed by the Health and Safety Code and the California Fire Code, both as adopted by the City and the District.
GENERAL REQUIREMENTS
84 7-7 SAFETY NOTICES
The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss.
7-8 DISPOSAL OF MATERIAL OUTSIDE THE PROJECT LIMITS
The Contractor shall arrange for disposal of materials outside the Project limits. Contractor shall pay all costs involved.
When any material is to be disposed of outside the Project limits, the Contractor shall first obtain a written permit from the property owner on whose property the disposal is to be made and he shall file with the Engineer the permit or a certified copy of it together with a written release from the property owner absolving the City from responsibility in connection with the disposal of material on the property.
When material is disposed of, the Contractor shall conform to the requirements of the City Municipal Code regarding grading, hauling and filling of earth. Any permits so required shall be no-fee, but the Engineer may require a bond.
The Contractor shall comply with the City’s Municipal Code Section 13-10: Alameda Green Building Standards.
The Contractor shall also comply with the City’s waste management requirements as outlined in the following City Municipal Code Sections:
21-2.3(b) – Containers
Every person engaged in construction is hereby required to provide user disposal containers at each construction site for the deposit of solid waste, recyclable materials, and organic materials by the employees or workers engaged in such construction. The container shall be kept closed by a close-fitting cover except when in use. Every person who consumes food on the premises shall deposit all food scraps in an organic materials container provided at the site. Casting aside any unconsumed food scraps or solid waste on the premises or public rights-of-way is forbidden. 21-24: Waste Management Plans
Concrete, rock, brick, asphalt and other similar materials are highly recyclable, and must be source separated as much as possible on the project site and delivered to a processor as separate materials.
The diversion requirement for concrete and asphalt is 95%. For all other construction and demolition debris the diversion requirement is 65% or, if higher, the minimum percent required by the California Green Building Standards Code. Contractors are encouraged to reuse or divert as much material as possible. Additionally, upon award of contract, the Contractor shall prepare and submit, as part of the Initial Project Submittal Package (outlined in Section 18), a Waste Management Plan via http://alameda.wastetracking.com/.
Proof of an approved Waste Management Plan must be provided to the City Engineer before construction starts and proof of meeting project diversion requirements must be provided before project completion.
Noncompliant projects shall be assessed a fine and penalty in an amount annually established by the Public Works Director for each ton of material that was to be diverted as set forth in the Waste Management Plan, but was not demonstrated by Contractor to have been diverted.
GENERAL REQUIREMENTS
85 Attachment B contains a suggested list of facilities that accept construction and demolition waste materials.
7-9 CONTRACTOR’S RESPONSIBILITY FOR THE WORK AND MATERIALS Until City’s acceptance of the Work, the Contractor shall have the charge and care of all the Work and the related materials and equipment, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his subcontractors or sub-subcontractors. Contractor shall bear the risk of injury, loss, or damage to any part of them (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense, except for the injuries, losses or damage directly and proximately caused by the City’s sole negligence or willful misconduct. (See also Sections 6-5 and 6-7; Civil Code section 2782(b).)
7-10 VEHICLE CODE
Vehicles and equipment traveling to and from the “limits of Work” or “job site” on a public way shall conform to the applicable provisions of the Vehicle Code. 7-11 WEIGHT LIMITATIONS
Unless expressly permitted elsewhere in the Contract Documents, construction equipment or vehicles shall not exceed the maximum weight and size limitations set forth in the California Vehicle Code and Alameda Municipal Code, unless approved by the Engineer in writing. The Contractor shall repair the facilities damaged by overloaded equipment or vehicles. 7-12 PATENTS
The Contractor assumes responsibilities arising from the use of patented materials, equipment, devices or processes used on or incorporated in the Work, and agrees to indemnify and hold harmless the City, its officers, employees and agents, from all suits at law, or actions of any nature, for or on account of the use of any patented materials, equipment, devices or processes. 7-13 SAFETY PROVISIONS
The Contractor shall conform to the regulations pertaining to safety established by the California Division of Industrial Safety and the California and Federal Office of Safety and Health Administration. According to generally accepted construction practices, the Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to all employees on the Work and all other persons who may be affected by it. The duty of the City or its representatives to conduct construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s safety measures in, on, or near the construction site. Contractor is solely responsible for the Implementation and maintenance of safety programs.
The Contractor shall insure that all scaffolding, staging, temporary floors, runways, and similar devices furnished by himself or his subcontractors be built and maintained to safely support required loads.
GENERAL REQUIREMENTS
86 The Contractor shall insure that all cranes, hoists, towers, and other lifting equipment necessary for the movement and erection of materials have operators trained and experienced in the equipment being used, and are properly equipped with guys, bracing and safety devices as required by applicable codes.
The Contractor shall comply with all applicable local safety codes and specifically the Occupational Safety and Health Act for the construction industry.
The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.
The Contractor shall perform all Work in a fire-safe manner and supply and maintain adequate first aid and fire-fighting equipment capable of extinguishing incipient fires. It shall comply with applicable local and state fire prevention regulations and where the regulations do not cover, with applicable parts of the National Fire Prevention Standards for “Safeguarding Construction, Alteration and Demolition Operations,” (NFPA No. 241).
7-14 INDEMNIFICATION
Contractor shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Contractor’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. (Civil Code section 2782.) Contractor also shall require all subcontractors to indemnify City as provided in this section.
• “City” means the City, its officials, officers, agents, employees and volunteers; • “Contractor” means the Contractor, its employees, agents and subcontractors; • “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these. Claims includes but is not limited to: personal injury, bodily injury, emotional injury, sickness or death; penalties imposed; infringement of patents, copyrights or trademark rights; stop notices or bond claims; insurance claims; violation or infraction; • “Arising out of” includes “pertaining to” and “relating to”; and • “Defend” means defend claims at Contractor’s cost, pay and satisfy any judgment arising from a claim, reimburse the City for legal expenses incurred.
The provisions of this section survive completion of the services or the termination of this contract, and are not limited by the provisions of Special Provisions section 2 relating to insurance. 7-15 PUBLIC CONVENIENCE AND SAFETY
7-15.1 General
The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public and he shall have under construction no greater length or amount of Work than he can prosecute properly with due regard for the rights of the public. 7-15.2 Traffic; Work In or Upon Streets
Travel lanes. Unless otherwise provided in the Contract Documents, one 11-foot lane in each direction for public traffic shall be permitted to pass through or around the Work with as little inconvenience and delay as possible. While subgrade and paving operations are underway, public
GENERAL REQUIREMENTS
87 traffic shall be permitted to use the shoulders and, if half-width paving methods are used, shall also be permitted to use the side of the roadbed opposite the one under construction. See Attachment E for Pedestrian and Traffic Control plan requirements. 7-15.2A Signals; signs
Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the Work. Others will continue routine maintenance of existing systems. The Contractor may be required to cover certain signs that regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs shall be covered.
In order to expedite the passage of public traffic through or around the Work and where ordered by the Engineer, the Contractor shall install signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the Work.
If the Contractor appears to be neglectful or negligent in furnishing warning and protective measures, the Engineer may direct attention to the existence of a hazard and the Contractor shall furnish and install the necessary warning and protective measures at his expense. If the Engineer points out the inadequacy of warning and protective measures, that action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices.
7-15.2B Removing spillage
Contractor, at his expense, shall immediately remove spillage resulting from hauling operations along or across any public traveled way.
7-15.2C Excavation and embankments
Roadway excavation and the construction of embankments shall be conducted in such manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times; sufficient fill at culverts and bridges to permit traffic to cross shall be placed in advance of other grading operations.
7-15.2D Contractor’s equipment
At locations where traffic is being routed through construction under one-way controls and when ordered by the Engineer, the movement of the Contractor’s equipment from one portion of the Work to another shall be governed in accordance with such one-way controls. 7-15.2E Completed portions
Whenever a portion of the Project has been completed, the Contractor shall open it to use by the public if the Engineer so orders, or may open it to use by the public if the Engineer so consents.
In either case the Contractor will not be allowed any compensation due to any delay, damage or inconvenience to his operations caused by the public use but will be relieved of responsibility for damage or wear and tear to the completed Work. The Contractor will not be relieved of any other responsibility under the contract nor will he be relieved of cleanup and finishing operations. 7-15.3 Adjacent Property
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Contractor shall maintain convenient access to driveways,
GENERAL REQUIREMENTS
88 houses, and buildings along the line of and adjacent to the Work, and temporary approaches to crossings or intersecting highways. When the abutting property owner’s access across the right of way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
The Contractor shall exercise precautions necessary to protect all buildings, landscaping and other construction on adjacent buildings, property and construction, on account of operations under this Contract, and restore to pre-construction conditions to the satisfaction of the Engineer.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right of way which are designated for removal and would be destroyed because of the Work. 7-15.4 Storage of Material and Equipment
No material or equipment shall be stored where it will interfere with the free and safe passage of the public. At the end of each day’s work, and at other times when construction operations are suspended for any reason, the Contractor shall remove the equipment and other obstructions from that portion of the roadway open for public use.
7-16 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor is responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to that property.
The Contractor shall repair or replace all existing improvements within the right of way which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of his operations. When a portion of a sprinkler system within the right-of-way must be removed, the Contractor shall cap the remaining lines. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury.
If damaged or removed because of the Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be re-seeded and covered with suitable mulch.
7-17 ACCEPTANCE OF CONTRACT
When the City Engineer has made the final inspection and determines that the Contract has been completed in all respects in accordance with the Contract Documents, the Engineer will recommend that the City Council formally accept the contract. Immediately upon recording the acceptance, the Contractor will be relieved of the duty of maintaining and protecting the Work as a whole, and he will not be required to perform any further Work; and the Contractor will be relieved of his responsibility for injury to persons or property or damage to the Work, except as provided in the Contract Documents pertaining to the warranty period. 7-18 PAYMENT OF TAXES
The contract prices paid for the Work includes full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. The City will not furnish any tax exemption certificate or any document designed to exempt the Contractor from payment of any tax (on labor, services, materials, transportation, or any other items).
GENERAL REQUIREMENTS
89 7-19 SUBCONTRACTORS AND SUPPLIERS
Upon Engineer’s request, Contractor shall provide unpriced copies of subcontracts and purchase orders.
7-20 LIMITATION OF DESIGN PROFESSIONAL’S RESPONSIBILITY The Architect/Engineer is not responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Architect/Engineer will not be responsible for or have control or charge over the acts or omissions of the Contractor, subcontractors, or any of their agents or employees, or any other persons performing any of the Work.
7-21 PROJECT STABILIZATION AGREEMENT – NOT USED
SPECIAL PROVISIONS
90 D. SPECIAL PROVISIONS
SPECIAL PROVISIONS
91 1 GENERAL
1-1 LOCATION
The Work is located on the following streets throughout the City of Alameda:
• Pacific Avenue from Main Street/Central Avenue to Fourth Street • Marshall Way from Fourth Street to Fifth Street
• Lincoln Avenue from Fifth Street to Wilma Chan Way/Eighth Street 1-2 DESCRIPTION OF WORK
The Work includes, but is not limited to:
Removing existing pavement striping and markings, removing and salvaging existing equipment, installing new pavement striping and markings, and installing new signs and posts. 1-3 SPECIFICATIONS
The Work shall comply in all aspects with the latest edition of the:
• Standard Plans of the City of Alameda
• State of California Department of Transportation Standard Plans • California MUTCD
1-4 PROPOSAL REQUIREMENTS
Proposal requirements, conditions and bid procedures shall be as set forth in the Bid Documents, Section 3, “Proposal Requirements, Conditions and Bid Procedures,” except as modified in these Special Provisions.
SPECIAL PROVISIONS
92 2 INSURANCE REQUIREMENTS FOR CONTRACTORS
On or before the commencement of the work, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with minimum insurance coverage below.
Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: “Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention:
Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates. 2-1 MINIMUM SCOPE AND EXTENT OF INSURANCE
Contractor shall maintain insurance coverage and limits at least as broad as:
1. Workers’ Compensation:
Statutory coverage as required by the State of California.
2. Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
3. Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
SPECIAL PROVISIONS
93 or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
4. Pollution Prevention:
Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (5) Builders Risk:
Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to the Contractor; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City.
2-2 SUBROGATION WAIVER
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. 2-3 FAILURE TO SECURE
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
2-4 ADDITIONAL INSURED
City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance.
The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.
SPECIAL PROVISIONS
94 2-5 SUFFICIENCY OF INSURANCE
Contractor shall furnish the following bonds from a bonding company acceptable to the City’s Risk Manager. Faithful Performance Bond and Labor and Material Bond are only required for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget for the bond premiums and those estimates over $25,000 will need to be sure to budget for the bond premiums.
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
SPECIAL PROVISIONS
95 3 LEGAL RELATIONSHIPS AND RESPONSIBILITY
(See Also General Requirements, Section 7)
3-1 CONTRACTORS LICENSING LAWS
The following paragraph shall be considered to be added to the City of Alameda General Requirements Section 7-4, Contractor’s Licensing Laws:
In accordance with California Business and Professional Code, the City has determined that the Contractor shall possess a valid:
Class [A] General Engineering Contractor license or Class [C-32] Parking and Highway Improvement Contractor license at the time that the contract is awarded.
Failure to possess the specified license shall render the bid as not responsible and shall act as a bar to award of the contract.
3-2 CONCURRENT ACTIVITIES
The City reserves the right to perform Work related to the Project with its own or contract forces, and to award separate contracts in connection with other portions of the Project or other Work on the site under these or similar conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the City, he shall make such claim as provided elsewhere in the Contract Documents. A separate overlay operation may be underway on streets immediately adjacent to this Work. The Contractor shall make accommodations necessary to coordinate the Work with a minimum of conflict.
SPECIAL PROVISIONS
96 4 PROSECUTION AND PROGRESS OF WORK
(See also General Requirements Section 5.)
4-1 TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall commence the Work within five working days after receiving Notice to Proceed and shall diligently pursue the Work to completion within the number of working days specified in Special Provisions Section 6-1 plus any authorized time extensions. The working days shall start accruing the day the Contractor commences the Work but not later than five working days after he received the Notice to Proceed.
The Contractor shall forfeit to the City of Alameda $1000.00 for each calendar day that Work remains uncompleted in excess of the time specified for completion of the Project.
If for any reason the Contractor does not utilize a working day to pursue the Work in this contract, the Contractor shall seek the approval of the Engineer before recommencement of the Work.
SPECIAL PROVISIONS
97 5 MEASUREMENT AND PAYMENT
5-1 MOBILIZATION / DEMOBILIZATION (BID ITEM #1)
5-1.1 Measurement
“MOBILIZATION/DEMOBILIZATION” will be a lump sum (LS) contract price and shall be considered full compensation for labor, materials, tools, equipment, and doing all the work herein specified as designated in the bid schedule.
5-1.2 Payment
“MOBILIZATION/DEMOBILIZATION” The contract unit price paid per lump sum (LS) for the bid item entitled “Mobilization/Demobilization” shall include full compensation and no additional compensation will be allowed therefore.
Partial payments will be made under California PCC section 10264.
Mobilization shall conform to the provisions in Section 1, “Mobilization and Demobilization” of the Technical Requirements and the following items.
a. Installing temporary construction water supply, power, wiring, and lighting facilities as required.
b. Providing field office trailers and restrooms if needed by the Contractor. c. Installing fencing, gates, security measures, temporary utility services and lighting facilities if needed by the Contractor at the City provided construction yard location.
d. Providing all on-site communication facilities, including telephones, and radio pagers.
e. Preparation of Waste Management Plan
f. Preparation of project schedule.
g. Having all OSHA required notices and establishment of safety programs. h. Beginning work on the project or at the subject site as applicable.
Demobilization shall include the following items.
1) Moving off from the site of all Contractors equipment that was required for operations.
2) Removal of all Contractor facilities installed at the City-provided construction yard. 3) Removal of all temporary facilities and equipment.
4) Final cleanup and site restoration.
5-2 TRAFFIC CONTROL & CONSTRUCTION SCHEDULE (BID ITEM #2) 5-2.1 Method of Measurement
“TRAFFIC CONTROL & CONSTRUCTION SCHEDULE” will be measured as a lump sum price (LS) as designated in the Bid Schedule.
SPECIAL PROVISIONS
98 5-2.2 Payment
“TRAFFIC CONTROL & CONSTRUCTION SCHEDULE” shall be at the contract lump sum (LS) price and shall be considered fill compensation for labor, materials, tools, equipment and incidentals to provide construction area signs, temporary traffic control including, but not limited to, lane closures and rerouting, placement and removal of barricades with temporary no parking signs, and other measures to control and maintain traffic during daily operations.
Flaggers are a requirement of traffic control. Full compensation for traffic control systems include all costs to maintain traffic by placing and removing temporary signs, striping, flaggers, cones, barricades, etc., as specified in the Standard Specifications of the State of California, as described in the “Traffic Control and Construction Schedule” technical specifications section of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
5-3 WATER POLLUTION CONTROL (BID ITEM #3)
5-3.1 Method of Measurement
“WATER POLLUTION CONTROL” will be measured as a lump sum price (LS) as designated in the Bid Schedule.
5-3.2 Payment
“WATER POLLUTION CONTROL” shall be at the contract lump sum (LS) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals and for doing all the work involved in water pollution control, complete in place, including preparing and implementing the WPCP, furnishing and implementing best management practices (BMPs), maintenance, removal and disposal of BMPs, conducting water pollution control training, monitoring, inspecting and correcting water pollution control practices at the job site, as specified in the “Water Pollution Control” technical specifications section of this project, these Special Provisions, and directed by the City Engineer or designee.
The City pays for “Water Pollution Control Plan (WPCP)” as follows:
1. Total of 75 percent of the item total upon approval and implementation of the WPCP.
2. Total of 100 percent of the item total upon Contract acceptance. 5-4 CONSTRUCTION STAKING & MONUMENTATION (BID ITEM #4)
5-4.1 Method of Measurement
“CONSTRUCTION STAKING & MONUMENTATION” will be measured as a lump sum price (LS) as designated in the Bid Schedule.
5-4.2 Payment
“CONSTRUCTION STAKING & MONUMENTATION” shall be at the contract lump sum (LS) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals and for doing all the work involved in control point replacement, survey monument identification, initial corner records request, resetting and/or relocating impacted monuments, filing of new corner records, and incidentals to perform the work in accordance with the plans, as specified in Chapter 12 of the Caltrans Surveys Manual, the “Construction Staking and Monumentation” technical specification section, and as directed by the City Engineer or designee as may be required to complete the work. Payment schedule shall be paid on pro rata basis to match the overall project completion percentage, and no additional compensation will be allowed therefor.
SPECIAL PROVISIONS
99 5-5 REMOVE EXISTING PAVEMENT STRIPING & MARKINGS (BID ITEM #5) 5-5.1 Method of Measurement
“REMOVE EXISTING PAVEMENT STRIPING & MARKINGS” will be paid for as a lump sum price (LS) as designated in the Bid Schedule.
5-5.2 Payment
“REMOVE EXISTING PAVEMENT STRIPING & MARKINGS” shall be at the contract lump sum (LS) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals to complete the work as shown on the Plans, as specified in the Standard Specifications of the State of California, as described in the “Demolition” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
5-6 REMOVE & SALVAGE EXISTING EQUIPMENT (BID ITEM #6-7) 5-6.1 Method of Measurement
“REMOVE & SALVAGE EXISTING EQUIPMENT” will be measured per each (EA) removal of specified item as designated in the Bid Schedule. Measurement will be performed in the field by the Contractor upon completion and checked by the Engineer. 5-6.2 Payment
Bid Item #6 – Remove and Salvage Existing Sign
Bid Item #7 – Remove and Salvage Existing Pole
“REMOVE & SALVAGE EXISTING EQUIPMENT” shall be measured per each (EA) removal & salvaged existing equipment price and shall be considered full compensation for labor, materials, tools, equipment and incidentals to complete the work as shown on the Plans, as specified in the Standard Specifications of the State of California, as described in the “Demolition” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
5-7 INSTALL CURB PAINT (BID ITEM #8 - #9)
5-7.1 Method of Measurement
“INSTALL CURB PAINT” will be paid for per linear foot (LF) as designated in the Bid Schedule.
5-7.2 Payment
Bid Item #6 – Install/Refresh Red Curb Paint
Bid Item #7 – Install/Refresh Blue Curb Paint
“INSTALL CURB PAINT” shall be at the contract linear foot (LF) price and shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in painting red and blue colored curbs as shown on the plans, as specified in the Standard Specifications of the State of California, as described in the “Curb Paint” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
5-8 STRIPING & MARKINGS - PAINT (BID ITEM #10 - #18)
5-8.1 Method of Measurement
“STRIPING & MARKINGS - PAINT” will be paid for per linear foot (LF) as designated in the Bid Schedule.
SPECIAL PROVISIONS
100
5-8.2 Payment
Bid Item #10 – Install 6” White Stripe
Bid Item #11 – Install Caltrans Detail 22
Bid Item #12 – Install Caltrans Detail 27B
Bid Item #13 – Install Caltrans Detail 29
Bid Item #14 – Install Caltrans Detail 32
Bid Item #15 – Install Caltrans Detail 38
Bid Item #16 – Install Caltrans Detail 39
Bid Item #17 – Install Caltrans Detail 39A
Bid Item #18 – Install Caltrans Detail 41
“STRIPING & MARKINGS - PAINT” shall be at the contract per linear foot (LF) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals for doing all the work involved in preparing the surface and installation of pavement striping, markings, and reflectors as shown on the Plans, as specified in the Standard Specifications of the State of California, as described in the “Striping & Markings - Paint” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
5-9 STRIPING & MARKINGS – PAINT (SYMBOL) (BID ITEM #19 - #29) 5-9.1 Method of Measurement
“STRIPING & MARKINGS – PAINT (SYMBOL)” will be paid for per square foot (SF) as designated in the Bid Schedule.
5-9.2 Payment
Bid Item #19 – Install Bike Lane w/Thru Symbol Pavement Marking Bid Item #20 – Install ONLY Pavement Marking
Bid Item #21 – Install SCHOOL Pavement Marking
Bid Item #22 – Install Shared Roadway (Sharrow) Bicycle Pavement Marking Bid Item #23 – Install SLOW Pavement Marking
Bid Item #24 – Install STOP Pavement Marking
Bid Item #25 – Install Type IV (Turn) Pavement Marking
Bid Item #26 – Install Type VII (Thru-Turn) Pavement Marking Bid Item #27 – Install XING Pavement Marking
Bid Item #28 – Install Yield Pavement Marking
Bid Item #29 – Install 12” Limit Line
“STRIPING & MARKINGS – PAINT (SYMBOL)” shall be at the contract per square foot (SF) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals for doing all the work involved in preparing the surface and installation of pavement striping, markings, and reflectors as shown on the Plans, as specified in the Standard Specifications of the State of California, as described in the “Striping & Markings - Paint” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
5-10 STRIPING & MARKINGS - THERMOPLASTIC (BID ITEM #30 - #38) 5-10.1 Method of Measurement
“STRIPING & MARKINGS - THERMOPLASTIC” will be paid for per linear foot (LF) as designated in the Bid Schedule.
SPECIAL PROVISIONS
101
5-10.2 Payment
Bid Item #30 – Install 6” White Stripe
Bid Item #31 – Install Caltrans Detail 22
Bid Item #32 – Install Caltrans Detail 27B
Bid Item #33 – Install Caltrans Detail 29
Bid Item #34 – Install Caltrans Detail 32
Bid Item #35 – Install Caltrans Detail 37B
Bid Item #36 – Install Caltrans Detail 38
Bid Item #37 – Install Caltrans Detail 39
Bid Item #38 – Install Caltrans Detail 39A
“STRIPING & MARKINGS - THERMOPLASTIC” shall be at the contract per linear foot (LF) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals for doing all the work involved in applying thermoplastic traffic stripes, pavement markers, complete in place, including any necessary cat tracks, dribble lines, alignment for stripes, layout work and temporary traffic stripes and pavement markers as shown on the Plans, as specified in the Standard Specifications of the State of California, as described in the “Striping & Markings - Thermoplastic” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof. 5-11 STRIPING & MARKINGS – THERMOPLASTIC (SYMBOL) (BID ITEM #39 - #48)
5-11.1 Method of Measurement
“STRIPING & MARKINGS – THERMOPLASTIC (SYMBOL)” will be paid for per square foot (SF) as designated in the Bid Schedule.
5-11.2 Payment
Bid Item #39 – Install Bike Lane w/Thru Symbol Pavement Marking Bid Item #40 – Install Bike Lane w/Turn Symbol Pavement Marking Bid Item #41 – Install International Symbol of Accessibility (ISA) Pavement Marking Bid Item #42 – Install ONLY Pavement Marking
Bid Item #43 – Install Shared Roadway (Sharrow) Bicycle Pavement Marking Bid Item #44 – Install Type I (Thru) Pavement Marking
Bid Item #45 – Install Type VII (Thru-Turn) Pavement Marking Bid Item #46 – Install Type IV (Turn) Pavement Marking
Bid Item #47 – Install Yield Pavement Marking
Bid Item #48 – Install 12” Limit Line
“STRIPING & MARKINGS – THERMOPLASTIC (SYMBOL)” shall be at the contract per square foot (SF) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals for doing all the work involved in applying thermoplastic traffic symbols, pavement markers, complete in place, including any necessary cat tracks, dribble lines, alignment for stripes, layout work and temporary traffic stripes and pavement markers as shown on the Plans, as specified in the Standard Specifications of the State of California, as described in the “Striping & Markings - Thermoplastic” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
SPECIAL PROVISIONS
102
5-12 INSTALL COLORIZED PAINT (BID ITEM #49)
5-12.1 Method of Measurement
“INSTALL COLORIZED PAINT” will be paid for per square foot (SF) as designated in the Bid Schedule.
5-12.2 Payment
“INSTALL COLORIZED PAINT” shall be at the contract per square foot (SF) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals for doing all the work involved in preparing the surface and installation of pavement striping, markings, and reflectors as shown on the Plans, as specified in the Standard Specifications of the State of California, as described in the “Street Bond” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof. 5-13 INSTALL BROWN K-71 POST (BID ITEM #50)
5-13.1 Method of Measurement
“INSTALL BROWN K-71 POST” will be measured per each (EA) installation of specified item as designated in the Bid Schedule. Measurement will be performed in the field by the Contractor upon completion and checked by the Engineer. 5-13.2 Payment
“INSTALL BROWN K-71 POST” shall be at the contract per each (EA) installation of specified item and shall be considered full compensation for labor, materials, tools, equipment and incidentals for doing all the work involved in installing K-71 Posts, according to manufacturer’s recommendations including any necessary layout work, complete in place as shown on the plans, as specified in the Standard Specifications of the State of California, as described in the “Brown K-71 Flexible Post” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof. 5-14 INSTALL GREEN METHYL METHACRYLATE (MMA) (BID ITEM #51) 5-14.1 Method of Measurement
“INSTALL GREEN METHYL METHACRYLATE (MMA)” will be paid for per square foot (SF) as designated in the Bid Schedule.
5-14.2 Payment
“INSTALL GREEN METHYL METHACRYLATE (MMA)” shall be at the contract per square foot (SF) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals for doing all the work involved in applying green methyl methacrylate (MMA), complete in place, including any necessary cat tracks, dribble lines, layout work and temporary traffic stripes and pavement markers as shown on the Plans, as specified in the Standard Specifications of the State of California, as described in the “Green Methyl Methacrylate (MMA)” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
SPECIAL PROVISIONS
103
5-15 INSTALL SIGN & POST (BID ITEM #52 - #53)
5-15.1 Method of Measurement
“INSTALL SIGN & POST” will be measured per each (EA) installation of specified item as designated in the Bid Schedule. Measurement will be performed in the field by the Contractor upon completion and checked by the Engineer.
5-15.2 Payment
Bid Item #52 – Furnish & Install New Sign
Bid Item #53 – Furnish & Install New Post
“INSTALL SIGN & POST” shall be at the contract per each (EA) price and shall be considered full compensation for labor, materials, tools, equipment and incidentals required to salvage existing signs and/or install new sign panels and sign posts as shown on the plans, as specified in the Standard Specifications of the State of California, as described in the “Roadside Sign and Post” technical specifications of this project manual, and as directed by the Engineer. No additional compensation will be allowed thereof.
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6 CONTRACT TIME AND PERMITTED WORKING HOURS
(See also General Requirements Section 5.)
6-1 DAYS
From the beginning of the Work, the Contractor shall not exceed fifty (50) Working Days to complete all of the Work. The charging of working days is suspended when the Work is complete and the Engineer schedules a final inspection. After the final inspection by the Engineer and the preparation of a deficiency list (“punch list”), five working days will be allowed for the correction of deficiencies, in addition to the Contract days specified. (See General Requirements Sections
5.5 and 6-7.3 regarding Delays, and Section 6-6 regarding Acceptance of the Work.) No Work is allowed on legal holidays.
6-1.1 Holidays
New Year's Day Thursday, January 1, 2026
Martin Luther King, Jr. Monday, January 19, 2026
Presidents’ Day Monday, February 16, 2026
Memorial Day Monday, May 25, 2026
Juneteenth Friday, June 19, 2026
Independence Day (Observed) Friday, July 3, 2026
Labor Day Monday, September 7, 2026
Veteran's Day Wednesday, November 11, 2026
Thanksgiving Day Thursday, November 26, 2026
Day After Thanksgiving Day Friday, November 27, 2026
Christmas Day Friday, December 25, 2026
6-1.2 Closure Days
Not used
6-1.3 Holiday Moratorium
Not used
6-2 HOURS
Working hours and days shall be as follows: 8:00 A.M. to 5:00 P.M. Monday through Friday. 6-3 SOUND CONTROL REQUIREMENTS
Sound control shall conform to Section 4-10 of the Alameda Municipal Code, which prohibits weekday construction activities between 7:00 pm and 7:00 am.
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7 PROJECT CLOSEOUT – SCOPE
(See also General Requirements Section 5-6.)
7-1 SUBSTANTIAL COMPLETION
When the Contractor considers the Work substantially complete, he shall submit to the Engineer a written notice that the Work (or designated portion of it) is substantially complete, together with a list of minor work to be completed or corrected. Within a reasonable time after receipt of this notice, the Engineer will perform an inspection to determine the actual status of completion.
If the Engineer determines that the Work is in fact not substantially complete, he will promptly notify the Contractor in writing, giving the reasons. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the Engineer.
The Contractor will be allowed no longer than 30 calendar days from the date of substantial completion to request that the Engineer make his final inspection. 7-2 COMPLETION
When the Contractor considers the Work complete, he shall submit a letter to the Engineer stating that the Contract Documents have been reviewed, and that the Work has been inspected for compliance with the Contract Documents.
Contractor’s submission implies that:
1. the Contractor has, to the best of his knowledge, completed the Work in accordance with the Contractor Documents, including “punch list” items;
2. equipment and systems have been tested in the presence of the City’s representatives and are operational; and
3. the Work is completed and ready for final inspection, and for certificate of occupancy by the Community Development Department.
The Engineer will perform an inspection to verify the status of completion with reasonable promptness after receipt of the Contractor’s letter.
If the Engineer considers that the Work is incomplete or defective, he will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor shall then take immediate steps to remedy the stated deficiencies, and send a second written notice indicating that the Work is complete. The City will re-inspect the Work. When the Project is determined to be acceptable under the Contract Documents, the Contractor may proceed with closeout submittals.
The Contractor may be held liable for the cost of additional inspections if the Engineer is forced to make more than two field inspections to determine whether the Project is complete. 7-3 CLOSEOUT SUBMITTALS
Contractor’s closeout submittals include:
1. Project record documents;
2. Warranties and bonds;
3. Evidence of payment, release of liens and final wage certificates; and
4. Certificate of insurance for products and completed operations.
Final payment and/or release of the retainer will be withheld until all closeout submittals have been received and approved by the City.
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8 PROJECT MEETINGS
In order to effectively manage the construction process, the City requires that certain meetings be held during the course of the Work at which time all members of the construction team are expected to attend.
A pre-construction meeting will be held as soon as the City has obtained the Contractor’s executed bonds and certificate of insurance. At that time, representatives of the City, the Contractor, and the Engineer will discuss in detail certain procedural aspects of the Work, including:
1. Administrative procedures for transmittals, approvals, Change Orders and similar items;
2. Review of the method of application for payment, progress payments, retention, and final payment; and
3. Review of the Contractor’s construction schedule, list of proposed subcontractors, and the schedule of values.
The Contractor’s superintendent, the Engineer’s Project Manager, and representatives from the City shall meet to discuss the progress of the Work in general, as needed (to be determined by Engineer). At that time, any adjustment to the progress schedule will be transmitted to the City, together with an explanation of the time saved or lost.
In addition to the meetings described above, the City reserves the right to call meetings spontaneously when it believes necessary in order to effectively manage Work on the Project, to prevent misunderstandings, or to disseminate information.
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9 STORM WATER AND POLLUTION PREVENTION (NOT USED)
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10 CONSTRUCTION WASTE MANAGEMENT (NOT USED)
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11 INTEGRATED PEST MANAGEMENT POLICY (NOT USED)
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12 LINES AND GRADES (NOT USED)
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13 CONCURRENT ACTIVITIES
The City reserves the right to perform Work related to the Project with its own or contract forces, and to award separate contracts in connection with other portions of the Project or other Work on the site under these or similar conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents.
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14 SIGNS AND NOTICES
14-1 GENERAL
Contractor shall post and maintain all notices, signs, and other safeguards required by law or ordinance. No other signs or advertisements shall be installed on the premises except as authorized by the Engineer.
14-2 NO PARKING SIGNS
All “No Parking” signs shall be provided by the City of Alameda at cost of sign to the Contractor.
Contractor shall be responsible for posting “No Parking-Tow Away” signs seventy-two (72) hours prior to commencement of construction. For any work scheduled on a Monday, “No Parking” signs must be placed by the end of the day the prior Thursday. Contractor must use City provided “No Parking” signs. No Parking signs must show the day, date, and times of restricted parking, e.g. Monday, 6/20, 7:00 AM-5:00 PM.
Signs shall be secured on barricades and placed at intervals no greater than 250’. The Contractor shall remove signs and barricades at the end of each day they expire.
Signs shall be posted only when work is being performed by the Contractor at the posted locations.
No Parking signs shall display a date range no longer than 2 weeks at any given time. A revision in date range requires re-posting.
Contractor shall maintain all “No Parking” signs throughout the entire duration of work. 14-3 PUBLIC NOTIFICATION
14-3.1 General
The Contractor shall be required to notify and cooperate with the public, local businesses, transit companies, local law enforcement agencies, local fire districts, local utilities providers, refuse collectors, schools, and any other persons or agencies which may be affected by this project at least two (2) weeks prior to construction. Other notifications may be required during project construction as outlined below.
Notifications shall be provided by the Contractor relating to, but not limited to, the following items:
• General information
• Traffic delays and alternate routes
• Street Closures
• Tree removals and/or trimming
• Driveway closures
• Water service interruptions
• Temporary relocation of bus stops
• Adjustment of utilities
• Waste pick up
14-3.2 Notifications to Residents
Before Contractor begins any stage of work, all residents and any business that is accessed by roadways within the project limits and all properties within 500 feet of the work shall be notified in writing, at least fourteen (14) days in advance. This notification will provide general information about the current stage of the project, approximate range of dates on when construction for that phase will take place, time of work, Contractor’s name and phone number and any other
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pertinent information for residents (see attached example). The Contractor shall provide the Engineer a copy of the proposed written notification for review seventy-two (72) hours prior to delivery.
The Contractor shall deliver notifications as described above for each stage of construction.
Contractor shall provide written notification to residents directly impacted by work occurring adjacent to their property seven (7) days in advance of said work. Contractor shall coordinate with residents in providing access during and after working hours.
The Contractor is responsible for delivering City approved door hangers prior to grinding and paving operations. Door hangers will require dates, times and other pertinent information regarding the project to be filled in by the Contractor and as directed by the Engineer. The Contractor is responsible for providing a phone number on the notice that can be reached after hours and on weekends by residents and businesses to answer their concerns.
Door hanger notifications to affected residents and businesses for this project will be delivered a minimum of 72-hours prior to paving operations.
The Contractor shall maintain an updated and chronological record at the job site of all written notifications along with a list of recipients. Such records shall be made available upon request of the Engineer.
If paving operations are postponed or cancelled with no work in the proposed area for more than seven (7) calendar days, the Contractor shall re-notify the affected residents and businesses with the City approved door hanger a minimum of two (2) working days prior to the start of the work.
Failure to comply with the notification requirement will result in a Stop Work order. The Contractor shall maintain an updated and chronological record at the job site of all written notifications along with a list of recipients. Such records shall be made available upon request of the Engineer.
No work shall take place prior to the required notification, re-notification, or coordination work with affected parties.
In order to minimize disturbances to residents and public the Contractor shall:
2. Sequence the utility and street reconstruction such that detours can be provided to all businesses affected by the project. Road closure and traffic control signage shall include wayfinding signs to parking and access points to affected businesses during business hours.
3. Preserve and protect the existing active utility systems during construction until all utility services are cut-over to the new utilities.
4. Pothole existing utilities in areas of new utility installation 14 days in advance of work in that area. Provide results to City to confirm which utilities are abandoned or active.
5. Schedule utility service cut-overs with City to ensure proper modifications are provided to the affected businesses. Complete utility service cut-overs in a way such that service disruptions are minimized.
6. For trenching in areas under traffic control, backfill and resurface failed area locations the same working day as the start of break out.
7. Resurface planed AC areas within three (3) working days from the day the areas were planned. The streets shall be swept, repeatedly if necessary, to minimize loose material.
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14-4 UTILITY/PUBLIC SERVICE NOTIFICATION
The Contractor shall provide seven (7) calendar days advance notice of construction work (including activity schedules) to the Alameda Police Department, Alameda Fire Department, to the U.S. Postal Service offices, AC Transit Bus Service and others as required by the Contract Documents. Emergency access in the project area shall be maintained at all times. A copy of such notice shall be submitted to the City’s Engineering Division.
Prior to any paving work or other work requiring the adjustment of utility facilities, it shall be the Contractor’s responsibility to notify utility providers a minimum of seven (7) calendar days in advance of work. A copy of the notification must be sent to the Engineer at the same time. 14-5 PROJECT IDENTIFICATION SIGNS (TEMPORARY CONSTRUCTION SIGNS) – NOT USED
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15 LICENSE, FEES, AND PERMITS
(See also General Requirements, Section 7-4, 7-5.)
15-1 CITY PLAN CHECK AND BUILDING PERMIT FEES (NOT USED) 15-2 CITY BUSINESS LICENSE
Contractor (and all Subcontractors) must obtain and pay for a City of Alameda business license to perform work in the City of Alameda. A copy of the business license shall be submitted to Engineer/Project Manager for verification.
15-3 INSPECTIONS
Contractor shall arrange for and be present at all inspections.
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16 DUST CONTROL
16-1 GENERAL
To prevent surface and air movement of dust from disturbed soil surfaces that may cause off-site damage, health hazards, and traffic safety problems. In addition to the provisions below, Contractor must comply with provisions in the Site Management Plan. 16-2 CONDITIONS WHERE PRACTICE APPLIES
On construction roads, access points, and other disturbed areas subject to surface dust movement and dust blowing where off-site damage may occur if dust is not controlled. 16-3 DESIGN CRITERIA
Construction operations should be scheduled to minimize the amount of area disturbed at one time.
Buffer areas of vegetation should be left where practical. Temporary or permanent stabilization measures shall be installed. No specific design criteria are given; see construction specifications below for common methods of dust control. Water quality must be considered when materials are selected for dust control.
16-4 CONSTRUCTION SPECIFICATION
16-4.1 Non-Driving Areas
These areas use products and materials applied or placed on soil surfaces to prevent airborne migration of soil particles.
1. Vegetative Cover – For disturbed areas not subject to traffic, vegetation provides the most practical method of dust control.
2. Mulch (including gravel mulch) – Mulch offers a fast, effective means of controlling dust.
This can also include rolled erosion control blankets.
3. Spray Adhesives - These are products generally composed of polymers in a liquid or solid form that are mixed with water to form an emulsion that is sprayed on the soil surface with typical hydro seeding equipment. The mixing ratios and application rates will be in accordance with the manufacturer’s recommendations for the specific soils on the site. In no case should the application of these adhesives be made on wet soils or if there is a probability of precipitation within 48 hours of its proposed use.
16-4.2 Driving Area
These areas utilize water, polymer emulsions, and barriers to prevent dust movement from the traffic surface into the air.
1. Sprinkling – The site may be sprayed with water until the surface is wet. This is especially effective on haul roads and access routes.
2. Polymer Additives – These polymers are mixed with water and applied to the driving surface by a water truck with gravity feed drip bar, spray bar or automated distributor truck. The mixing ratios and application rates will be in accordance with the manufacturer’s recommendations. The prepared surface shall be moist and no application of the polymer will be made if there is a probability of precipitation within 48 hours of its proposed use.
3. Barriers – Woven geotextiles can be placed on the driving surface to effectively reduce dust throw and particle migration on haul roads. Stone can also be used for construction roads for effective dust control.
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4. Windbreak – A silt fence or similar barrier can control air currents at intervals equal to ten times the barrier height. Preserve existing wind barrier vegetation as much as practical. 16-5 MAINTENANCE
Maintain dust control measures through dry weather periods until all disturbed areas are stabilized.
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17 TEMPORARY FACILITIES
17-1 SCOPE
The General Contractor shall be responsible to provide all temporary job site facilities and services as required for use including, but not limited to, the articles listed below. The Contractor shall superintend and coordinate temporary facilities and signage normally furnished and maintained as part of Contractor’s work. Remove all temporary facilities upon completion of project. 17-2 SANITARY FACILITIES
Provide and maintain sanitary facilities for employees and subcontractor’s employees that comply with the regulations of the local and State Departments of Health. 17-3 UTILITIES
17-3.1 Water
Provide temporary water services including connections and maintenance. Pay all costs of temporary and permanent drinking and other water services during construction period. 17-3.2 Electricity
Arrange for electrical power use during the construction period until substantial completion and pay all costs. Make and maintain all connections, furnish wiring, conduit, lamps, and related equipment necessary to complete the work.
17-4 PROJECT IDENTIFICATION / TEMPORARY CONSTRUCTION SIGNS – NOT USED
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18 SUBMITTALS
18-1 INITIAL PROJECT SUBMITTAL PACKAGE
The Contractor shall submit the Initial Project Submittal Package to the City Engineer for review prior to the pre-construction meeting. The Initial Project Submittal Package shall address the entire project, and shall include, but is not limited to, the Traffic Control Plan (first 20 working days at minimum), Logistics Plan, Water Pollution Control Plan, Materials Submittals, and the full project schedule. Contractor shall not commence work in the field until Engineer has approved the Initial Project Submittal Package.
18-2 THREE WEEK LOOK AHEAD SCHEDULE
The Contractor shall submit a three week look-ahead work schedule every Monday and upon the issuance of any change order that alters the contract’s schedule. Engineer shall have ten (10) working days to respond to the updated work schedule, and Contractor shall abide by most recently approved schedule until a new one has been approved in writing by the Engineer. 18-3 TRAFFIC CONTROL PLANS
The Contractor shall submit additions to the Traffic Control Plan ten (10) working days in advance of any work that was not covered by the Traffic Control Plan submitted in the Initial Project Submittal Package. Traffic Control Plans for any work in Phase 2 areas shall be submitted 60 days in advance of any work in these areas.
18-4 MATERIAL SUBMITTALS
The Contractor shall provide all material submittals to the Engineer for review via email. The Engineer will review all materials submittals and either approves or returns for revisions within five (5) working days, unless he notifies the Contractor of concerns that require additional time to resolve.
18-5 SHOP DRAWINGS
Shop and erection drawing submittals, where required, shall be furnished to the Engineer through the web-based project document platform as specified in each material specification section of the project specifications. The Engineer will review all shop drawing submittals and either approves or returns for revisions within five (5) working days, unless he notifies the Contractor of concerns that require additional time to resolve.
18-6 CLOSEOUT SUBMITTALS
See Special Provisions Section 7-3.
18-7 RECORD DOCUMENTS
See Special Provisions Section 21
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19 ASSIGNMENT
19-1 GENERAL
The City and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the City.
A consolidation or merger of Contractor or a change in ownership of twenty-five percent (25%) or more of Contractor’s capital stock shall constitute an assignment by Contractor requiring the written consent of City.
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20 UTILITIES
20-1 GENERAL
Nothing in these specifications must be deemed to require the City to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Site. Where underground mains distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the plans, the contractor shall assume that every property parcel will be served by a service connection for each type of utility. The Contractor shall adhere to all rules, regulations, and laws outlined in the Underground Service Alert (USA) North manual.
20-2 LOCATION
Unless specified otherwise as previously potholed, elevations shown on the plans for existing utilities are based on a search of record information available during design only and are solely for your convenience. The City does not guarantee the accuracy of the elevations or locations.
The City does not warrant the accuracy or completeness of the location and type of existing utilities and substructures shown on the plans. The Contractor is responsible to accurately locate, by potholing or other suitable methods, all existing utilities such as service connections and substructures as shown on the plans and marked out by Underground Service Alert (USA), to prevent damage to such facilities and to identify any conflicts with the proposed work.
The Contractor must fill all potholes on the same day of excavation, and, if no trenching is performed within 10 working days, fully restore all potholes and any damaged surrounding areas to their original condition unless otherwise allowed by the Engineer.
The Contractor must notify the Engineer, in writing, of any conflicts between existing utilities and the proposed work in advance of the work to provide adequate time, and space for any changes to the work needed to avoid conflicts. The Contractor must perform utility location far enough in advance of the Work to provide the written notification.
The Contractor’s written notification must include; date of utility location, method of utility location, type, size, and material of utility, horizontal location (to the nearest Station), depth for existing pavement or ground surface to top and bottom of utility, suspected ownership of utility, and the date on which any conflict with the utility will impact the project.
Contractor shall coordinate with utility owners on horizontal, vertical, and depth of cover of all utilities. The Contractor shall notify the city immediately if:
1’ vertical or horizontal separation as measured from outside pipe wall to outside pipe wall between underground facilities cannot be maintained.
3’ or more cover over top of underground facilities cannot be maintained. 20-3 PROTECTION
The Contractor shall not interrupt the service function or disturb the support of any utility without the authority from the utility owner. Valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged.
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20-4 RELOCATION
When the construction requires that the Contractor alter, relocate, or reconstruct a utility, temporary or permanent relocation or alteration of indicated utilities will be the Contractor’s responsibility for which the Contractor must make all arrangements.
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21 PROJECT RECORD DOCUMENTS
Project records documents are the Engineer’s construction documents for the project that have been modified by the Engineer, Architect or Contractor to show the actual conditions of in-place construction installed by the Contractor as accurately as possible. They include but are not limited to:
• Drawings marked where required to show changes in dimension or configuration between the original design and final construction;
• Specifications marked to indicate changes of materials, products, or methods of installation;
• Modifications to drawings or specifications issued during the course of construction (including addenda, change orders, or clarifications issued by the Design Professional or their consultants);
• Approved shop drawings and product data; and
• Field test records and reports.
The Contractor shall prepare record documents as the work progresses. Do not conceal in-place construction until field verifications are made for record purposes.
Locate internal utilities and concealed in the construction, referenced to visible and accessible features of the structure. Note field changes of dimension and detail, and changes made by change order. Sketch details not on the original drawings.
For Specifications and Addenda, legibly mark each section to record the manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. Note changes made by Change Order.
Submit an electronic copy (i.e.; PDF format) and not less than two full sized hard copy sets of project record documents, and marked up plans to the City at the end of the Work, before final payment is made.
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22 LIMITATION OF DESIGN PROFESSIONAL'S RESPONSIBILITY
The Architect/Engineer will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, and he will not be responsible for the Contractor’s failure to carry out the work in accordance with the contract documents. The Architect/Engineer will not be responsible for or have control or charge over the acts or omissions of the Contractor, subcontractors, or any of their agents or employees, or any other persons performing any of the work.
TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATION NO. 1 – MOBILIZATION AND DEMOBILIZATION .................................. 2 TECHNICAL SPECIFICATION NO. 2 – TRAFFIC CONTROL & CONSTRUCTION SCHEDULE ............... 3 TECHNICAL SPECIFICATION NO. 3 – WATER POLLUTION CONTROL ............................................ 12 TECHNICAL SPECIFICATION NO. 4 – CONSTRUCTION STAKING & MONUMENTATION .................. 19 TECHNICAL SPECIFICATION NO. 5 – DEMOLITION ...................................................................... 21 TECHNICAL SPECIFICATION NO. 6 – CURB PAINT ....................................................................... 25 TECHNICAL SPECIFICATION NO. 7 – STRIPING & MARKINGS - PAINT ........................................... 27 TECHNICAL SPECIFICATION NO. 8 – STRIPING & MARKINGS - THERMOPLASTIC .......................... 29 TECHNICAL SPECIFICATION NO. 9 – STREET BOND .................................................................... 31 TECHNICAL SPECIFICATION NO. 10 – BROWN K-71 FLEXIBLE POST ............................................ 36 TECHNICAL SPECIFICATION NO. 11 – GREEN METHYL METHACRYLATE (MMA) ............................ 37 TECHNICAL SPECIFICATION NO. 12 – ROADSIDE SIGN AND POST ............................................... 42 TECHNICAL SPECIFICATION NO. 1 – MOBILIZATION AND DEMOBILIZATION
1.1 GENERAL
Mobilization and Demobilization shall conform to the provisions in Section 9-1.16D “Mobilization” of the Caltrans Standard Specifications and shall consist of preparatory work that must be performed, or costs incurred before starting work on the various contract items (CA Public Contract Code § 10104) including, but not limited to, those necessary for the movement of personnel, equipment, supplies incidental to the project site, for the establishment of all field oGices, staging areas and other facilities necessary for work on the project and for all other work and operations which shall be performed or for project costs incurred prior to beginning work on the various contract items.
Additionally, Mobilization and Demobilization includes the following items:
1. Provide and maintain on-site sanitary facilities;
2. Arrange for, and set up Contractor’s staging area(s) in accordance with the SWPPP and the Technical Specifications;
3. If additional staging areas are required beyond what is shown in the Plans, Contractor to procure any additional staging areas as needed;
4. Post and maintain all required federal, state and local notices and establishment of safety programs;
5. Post and maintain all prevailing wage requirements;
6. Prepare and transmit the submittals in accordance with Section 5-1.23 “Submittals” of the Caltrans Standard Specifications and the Technical Specifications.
7. Obtain and submit Certificates of Compliance;
8. Wash and clean equipment prior to bringing equipment on site as outlined in the SWPPP and as required by the City, County, and Caltrans;
9. Obtaining and furnishing bonds, insurance, licenses and permits;
10. Furnishing temporary construction utilities;
11. Preparation and maintenance of TraGic Control Plans; and
12.Removing and disposing of all temporary facilities not required to be left in place by the project’s SWPPP.
The work of this bid item also includes demobilization. Demobilization shall include final cleaning and restoration of the job site, removal of all temporary facilities and equipment from the work area, disconnection of the temporary construction utilities and turnover of the project to the City.
1.2 MEASUREMENT AND PAYMENT
Refer to section 5-1 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 2 – TRAFFIC CONTROL & CONSTRUCTION SCHEDULE
2.1 GENERAL
Contractor shall provide traGic control within the work zone throughout the project as needed for the various traGic situations and street configurations in full conformance with the latest edition of the California Manual on Uniform TraGic Control Devices (CA MUTC).
Construction Schedule – Within one (1) week of contract award, Contractor shall submit a Construction Schedule and receive approval by the City Engineer or designee prior to starting on-site activities, as described herein and in the Special Provisions.
2.2 SUBMITTALS
Traic Control Plans (TCPs) – The Contractor shall submit a TraGic Control Plan (TCP) stamped by a registered California Professional Civil or TraGic Engineer for each stage of construction and receive approval by the City Engineer or designee prior to starting work on an upcoming stage. The Contractor’s TCPs shall take into consideration the roadway restrictions described below. The Contractor shall submit in writing a complete traGic control plan and completed City of Alameda Pedestrian and TraGic Control Plan Application Form and Checklist to the City Engineer or designee within ten (10) working days after the eGective date of the Notice to Proceed. The traGic control plan shall include all locations, which involve all project improvements and shall indicate each stage of work, signage, flaggers, closures, detour routes, and any other pertinent information. The traGic control plan shall be reviewed and approved by the City Engineer or designee before the Contractor shall be allowed to begin work. The City of Alameda reserves the right to request modifications to any portion of the plan. The Contractor’s TCP plan must be submitted and approved a minimum of 21 days prior to any lane closures or commencing construction activities.
Construction schedule – The Contractor shall submit a Critical Path Method (CPM) Construction Schedule that includes suGicient detail to describe how the Contractor intends to execute the work over the course of the entire project. Details for each construction activity shall be included in the schedule. The Contractor shall not proceed with any on-site activities until the schedule is approved by the City Engineer or designee, or unless otherwise directed by the City Engineer or designee. Any changes to the schedule shall be reviewed and approved by the City Engineer or designee prior to implementation by the Contractor. The City of Alameda reserves the right to request modifications to any portion of the schedule.
In addition to the CPM Construction Schedule, the Contractor shall provide a 3-week look ahead schedule, updated on a weekly basis, to the City and City’s representatives throughout the duration of construction. The look ahead schedule shall be presented in a simplified format such as a Gantt chart or similar.
2.3 EXECUTION
Construction Schedule
At a minimum, the Construction Schedule shall include the following information:
• One of the Contractor’s first on-site activities shall be to place portable changeable message sign (PCMS) boards in coordination with the City Engineer or designee. All of these PCMS boards shall be in place at least 10 working days prior to the start of the first construction phase. While none are anticipated, if any PCMS boards are proposed on Caltrans State roadways they must be coordinated with Caltrans District 4 Division of TraGic Operations.
• Proposed construction sequencing, including limits of work, type(s) of barriers to separate work areas from public areas, work hours, durations of each activity, and an overall project schedule showing how each activity is related to adjacent activity. • Layout of the work areas, including materials storage, parking for Contractor’s vehicles, and ingress and egress to/from the work areas via nearby streets, which should consider sight lines for pedestrians, bicycles, and motorists. • Proposed pedestrian, bicycle, and motor vehicle access ways around the work areas for each construction phase, including pedestrian circulation routes, temporary curb ramps, crosswalks, and other pedestrian facilities; bicycle circulation routes and treatments around the construction areas; and quantity, width, and direction of traGic lanes.
• General detour plans, if applicable, for any condition that would be expected to aGect traGic, pedestrian, or bicycle facilities.
• Provide a minimum of 50 contiguous feet of unobstructed curb and sidewalk space per City block face to accommodate the City’s need to pick up curbside waste bins within the Project limits.
• Equipment and materials staging areas will be located on existing asphalt or paved areas within public right-of-way near working areas as identified on the plans or as approved by the City Engineer or designee. The Plans identify a staging area on City property between Broadway and Tilden Way that will require the water pollution control described in the Plans to be installed prior to use as a staging area. No staging areas will be allowed on undeveloped lots, within a regulatory floodway or 100-year floodplain, or within environmentally or culturally sensitive areas. Staging areas will be secured with fencing and locked gates, and appropriate BMPs to protect water and air quality per the SWPPP. Access to adjacent properties and roadways shall not be impacted by the staging areas; maintenance of safe intersection sight distance will be required.
• Locations of loading/staging areas for construction vehicles, shall be located inside the work area or staging areas as shown on the Plans and these Specifications.
Trucks cannot stage along adjacent frontages or other streets, in loading zones outside the site frontage, or double-park or block travel lanes, excepting the locations identified in the Plans. Trucking companies should be made aware of staging in only the approved areas and turned away if there is no staging area available upon their arrival.
• Stationary noise-generating construction equipment such as compressors shall be located as far as practical from occupied residential housing units. • New bus stops shall be in place and open before existing bus stops are removed.
The Contractor should be aware that the area within the project limits will remain open during the duration of construction and shall plan work accordingly.
Traic Control Plans (TCPs)
All traGic control, warning, and guidance devices will conform to the latest revision of the California MUTCD and Caltrans Standard Plans.
Construction Zone Enhanced Enforcement Program (COZEEP) funds may potentially be required for the project. The COZEEP is used to provide enhanced enforcement services as needed to assist in patrolling project construction zones. The Contractor shall include COZEEP funding, if applicable, with the added requirement to coordinate with the City of Alameda and City Police Department. California Highway Patrol (CHP) will not be contracted as part of the COZEEP for this project. If additional police forces are needed for any reason, the Resident Engineer may contact CHP for assistance.
The Contractor shall furnish, erect, and maintain at all times temporary fences, barricades, lights, signs, and other devices necessary to maintain traGic and to prevent accidents, damages or injuries to the public.
TraGic control or temporary signage shall not be attached to existing street lights or signal poles.
The Contractor and City will provide accurate and timely information to the public about project construction and provide 24-hour contact information. The Contractor shall coordinate with and support the City on the public information components of the TCP.
Anticipated traGic congestion and traGic detouring will be posted and detailed on the City of Alameda website (www.alamedaca.gov). Contractor will notify all applicable local City and County agencies along the corridor before the commencement of closures and detours on Project area roadways.
The traGic control plan shall include a pedestrian detour plan to route pedestrian and bicycle traGic around the active work area aGecting access. Signage shall be installed to direct pedestrians to cross at adjacent intersections/crosswalks or on the same side of the street in high pedestrian traGic areas and indicate the portions of sidewalk that will be closed to pedestrian traGic, as directed by the City Engineer or designee.
Contractor shall maintain ADA compliant pedestrian access to adjacent residents during all phases of construction.
TraGic signage, e.g., warning signs and detour signs, may be required for this project.
Contractor shall be responsible for placing all barricades for perimeter street closures and the centerline work in removing and repaving the tracks, as required.
The Contractor may be required to cover certain signs during the progress of the work.
Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed, or the information shall be corrected. Covers for signs shall be of suGicient size and density to completely block out the face of the signs. The retroreflective face of the covered signs shall not be visible during the day or at night.
Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly. If any component in the traGic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.
If during construction activity, the closure of one lane of traGic is necessary, the contractor shall utilize all necessary construction zone signage, including changeable message signs, during the lane closure.
On-street parking will be impacted with temporary parking lane closures during construction. Businesses and residents will continue to have access to their driveways excepting the times when driveway work is under active construction. The Contractor shall be responsible for posting “No Parking” signs a minimum of four days in advance of concrete work, paving operations, failed area, and planning work so as to comply with the City’s construction notification requirement of 72 hours. Cones shall not be used as barricades. “No Parking” signs may be obtained from the City at no cost to the Contractor.
The “No Parking” signs shall be updated as necessary.
The Contractor shall check and maintain (e.g., re-install missing signs, reposition displaced barricades, etc.) postings on a regular basis prior to start of work.
A minimum of one (paved) traGic lane, in each direction not less than 11 ft. wide, shall remain open on Lincoln Avenue/Marshall Way/Pacific Avenue for use by public traGic during construction operations at all times. When construction operations are not actively in progress, Contractor shall make as many lanes as possible open to public traGic. To the extent practicable, Contractor shall schedule work so that only one side of the street is under construction on any one day (excepting railroad work and paving operations), with parking and unimpeded pedestrian passage remains available on the opposite side of the street.
If traGic is to be detoured over a centerline, including railroad track area or excavated area where tracks existed, or detoured in advance of the work, detour plans shall be submitted to an approved by the City Engineer or designee prior to starting work. Police, Fire and Public Works Department shall be notified at least two (2) days in advance of any work which will interfere with the normal flow of vehicular or pedestrian traGic. Intersections must remain open to traGic and closure may only occur if the two (2) adjacent intersections remain open, unless otherwise approved by the City Engineer or designee. Closure of minor intersections would only be permitted at the intersections within Lincoln Avenue/ Marshall Way/ Pacific Avenue with local access maintained to the south (or north) of Lincoln Avenue/ Marshall Way / Pacific Avenue. Full closure of intersections will not be permitted unless explicitly approved by City Engineer or designee. The Contractor shall coordinate the traGic control/diversion plan with City personnel, a minimum of three (3) weeks prior to starting work, to assure that traGic is diverted in a safe and convenient manner.
At the end of each day’s work, and at other times when construction operations are suspended, all equipment and other obstructions shall be removed from that portion of roadway open for use by public traGic. If a longitudinal joint, or abrupt grade change will be exposed adjacent to traGic during non-working hours, plans to address the hazard shall be included in the traGic control plans submitted to and approved by the City Engineer or designee prior to leaving an exposed grade change adjacent to traGic.
Where existing road signs are in conflict with the proposed work, the Contractor shall relocate such signs to temporary or permanent locations as directed by the City Engineer or designee.
Advisory speed reductions down to 15 mph or less shall be implemented during construction for sections with substandard lane widths as deemed necessary by the City Engineer or designee.
If it becomes necessary, in the opinion of the City Engineer or designee, to properly move traGic through the construction area, flaggers shall be present to slow down and reroute traGic, in which case flaggers shall be on duty the entire period the roadway is constructed.
Where flaggers are not visible to each other, additional flaggers shall be added as required by the City Engineer or designee or the Contractor and shall use radios.
Contractor shall take all necessary measures to obtain a normal flow of traGic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall make the necessary arrangements to provide and maintain barriers, cones, guards, barricades, and construction warnings and regulatory signs. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights, guards, and temporary crossovers.
In addition to the aforementioned traGic control and safety measures, the Contractor shall undertake immediately to implement any measures requested by the City Engineer or designee, as they deem necessary to ensure the proper flow of traGic and the protection of the public and the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the City of Alameda Police and Fire Departments during non-working hours to replace or provide additional traGic control or safety devices as shall be required by the Police Department.
Notwithstanding the above, the City Engineer or designee reserves the right to review and comment on each individual traGic control plan based on its own merits. Routine maintenance, inconvenience to construction method or schedule, or adverse impacts on cost of work will not generally be accepted as grounds for exceptions.
The Contractor will be allowed to work for a continuous 12-hour period each day between 7:00 AM and 7:00 PM, Monday through Friday. No work process, including starting, warm up, and delivery of equipment, shall be done outside of work hours. The use of vehicle horns to alert residents to move their vehicles out of the construction zone is not permitted. The Contractor should attempt to locate vehicle owners by knocking on doors. If Contractor violates these provisions, a fine of $1,000 will be assessed for the first violation, $5,000 for the second, and $10,000 for the third.
Lane closures are not allowed anytime during the weekends and weekdays before 9:00 AM or after 3:30 PM, without prior written approval by the City Engineer.
Work time restrictions vary by school and day of the week. Work time restriction applies on any day that school is in session. The Contractor shall verify the bell schedules for each school and shall observe the following restrictions:
1. Except as otherwise approved by the City Engineer or designee, the Contractor shall not have traic controls in-place between 30 minutes before and 10 minutes after the start of school instruction for the day.
2. Except as otherwise approved by the City Engineer or designee, the Contractor shall have not set up traic controls between 10 minutes before and 30 minutes after the end of school instruction for the day.
A minimum of one (1) lane in each direction of the traveled way shall be open for use by public traGic on Saturdays, Sundays and designated legal holidays, and when construction operations are not actively in progress, unless specified otherwise.
Minor deviations from the requirements of this section concerning hours of work may be permitted upon the written request of the Contractor if in the opinion of the City Engineer or designee, public traGic will be better served and the work expedited. Such deviations shall not be adopted until the City Engineer or designee provides written approval.
The traGic control system shall consist of closing traGic lanes in accordance with the CA MUTCD. Signs and other devices for the traGic control system shall conform to the CA MUTCD.
If any component in the traGic control system is damaged, displaced or ceases to operate or function as specified, from any cause during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.
Lane closures may be made for work periods only. At the end of each work period, all components of the traGic control system shall be removed from the traveled way, shoulder and auxiliary lanes. If the Contractor so elects, said components may be stores at selected central locations approved by the City Engineer or designee within the limits of the public right-of-way. During construction activities requiring lane closures, the Contractor shall provide appropriate personnel to monitor activities and make decisions regarding activation of contingency plans. As soon as it becomes evident during any construction activity that it will not be possible to complete that activity and remove the closure at the designated time, that activated shall be halted and postponed until a later date.
SuGicient barricades and flashing lights shall also be placed to supplement all traGic signs used to divert and control traGic. Signs and barricades shall be checked periodically every day and replaced or repaired as necessary. Any hazardous conditions shall be immediately eliminated.
If the project is left open overnight, it shall be graded in such a way that pedestrians and vehicles can safely pass through the project area. Temporary concrete, metal/steel, asphalt, or wood ramps shall be installed where feasible, as determined by the City Engineer or designee, or pedestrians and vehicles routed around the project area in accordance with the approved traic control plan.
No vehicular traGic shall be allowed on a tack coat.
Cleanliness is extremely important. Dust producing conditions shall be eliminated as soon as they are created.
Contractor shall use TA-47 (2026 CAMUTC, Figure 6R-47) for typical application for bike lane closures without a detour. The optional bike lanes signs (r9-20 and W-11 plus W16-1P) signs shall be required, rather than optional.
Truck Routes
Central Avenue, Main Street, Webster Street, Clement Avenue, Park Avenue, and Broadway are designated truck routes. Local deliveries will be permitted along Lincoln Avenue/Marshall Way/Pacific Avenue during construction. In general, trucks not making local deliveries on Lincoln Avenue/Marshall Way/Pacific Avenue will be advised to utilize City-designated truck routes during construction.
Construction activities for the railroad removal work at the above intersections will require restricting truck turns to and from Pacific Avenue and Lincoln Avenue as maintaining the necessary space to accommodate truck turning movements will not be possible. Alternate truck routes and communication strategies shall be specifically addressed in the TCP and public information campaign. Alternate routes may consist of a combination of existing designated truck routes as noted on the City of Alameda Truck Route map.
Access and Egress
Local access will be maintained during weekdays and weekends in the construction zone.
However, construction zone lane shifts, shoulder and lane closures, parking restrictions, and sidewalk closures are anticipated.
Pedestrian detours will be provided, as necessary. Full road closures are not anticipated; however, occasional driveway closures for short periods pf time will be required.
Emergency vehicles would be allowed immediate access through construction areas and into adjacent properties as needed during construction. Access to Alameda Marina Drive shall be maintained at all times to allow emergency access to Alameda Municipal Power personnel.
Work shall be accomplished in such a manner as to provide access to all intersecting streets and adjacent properties whenever possible. The Contractor shall endeavor to cooperate with all business owners and residents occupying properties fronting on the streets in the matter of access and egress.
Contractor shall maintain a clear and accessible pedestrian corridor around the work site to the extent feasible.
An alternate circulation path shall be provided whenever the existing pedestrian access route in the public right-of-way is blocked by construction, alteration, maintenance, or other temporary conditions. Where possible, the alternate circulation path shall parallel the disrupted pedestrian access route, on the same side of the street.
Residential Pedestrian Traic Control (Type A)
Pedestrian corridor shall be a nominal width of 6 feet whenever feasible and shall conform to PROWAG guidelines. It shall not be less than 48-inches wide at single point of contact or obstruction. The Contractor shall work on one side of a street at a time so as to allow use of the opposing sidewalk by pedestrian corridor and post signs at each corner of a block where sidewalk work is being done with the following wording in 3-inch black letters on an orange background: “SIDEWALK CLOSED TO THROUGH TRAFFIC, USE OTHER SIDE”.
All driveways shall be opened between 5:00 PM and 8:00 AM on weekdays and at all times on weekends and public holidays, except those that are freshly poured. All driveways which are freshly poured may be closed for one (1) calendar day and may require plating secured with cutback at plate edges or other means to comply with this requirements. Before restricting access to driveways, the Contractor shall notify the aGected residents and/or businesses, in writing, at least seventy-two (72) hours in advance.
If during the course of the work, the City agrees that it is necessary to restrict access to certain driveways for an extended period of time, the Contractor shall notify the aGected residents and/or businesses, in writing, at least 10 working days in advance.
Where a business property has more than two vehicular paths of access, one path, 10 feet in width, shall remain open during all business hours, unless accepted by the City Engineer or designee.
Transit Agency Coordination
The Contractor shall not prevent or delay the operation of transit buses at any time by physically blocking, stopping, or otherwise directly obstructing any transit vehicle in active travel lanes. AC Transit may temporarily authorize the relocation of bus stops where the Contractor’s work will interfere with the safe loading and unloading of passengers. The City will assist the Contractor with AC Transit coordination as needed. The Contractor will be responsible for providing and continuously maintaining signage at bus stops that AC Transit has authorized to be closed or relocated.
Special Events
Prior to construction, City of Alameda staG shall provide the Contractor the list of temporary street closures for special events in the Project vicinity. This list will be provided on a monthly basis throughout the project duration. The Contractor must obtain prior approval for work during special events within the project vicinity.
At times when construction activities must be suspended for special events, all openings in the street and in the sidewalk must be closed by backfilling and paving or by plating over, in order to provide safe and adequate passage for bicycles, vehicles, and pedestrians.
2.4 MEASUREMENT AND PAYMENT
Refer to section 5-2 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 3 – WATER POLLUTION CONTROL
3.1 GENERAL
The Contractor shall be responsible for implementing and managing these systems during the life of the project. The Water Pollution Control Program (WPCP) shall conform to all applicable requirements in Section 13-2, “Water Pollution Control1”, of the Caltrans State Standard Specifications.
The Contractor shall know and fully comply with applicable provisions of Federal, State, and local regulations and requirements that govern the Contractor's operations and storm water and non-storm water discharges from both the project site and areas of disturbance outside the project limits during construction. Attention is directed to Sections 7-1.02, "Laws", and 7-1.05, "Indemnification", of the Standard Specifications.
Water pollution control requirements shall apply to storm water and non-storm water discharges from areas outside the project site which are directly related to construction activities for this contract including, but not limited to, staging areas, storage yards and access roads. The Contractor shall comply with project requirements for those areas and shall implement, inspect and maintain the required water pollution control practices.
Installing, inspecting and maintaining water pollution control practices on areas outside the project limits not specifically arranged and provided for by the City for the execution of this contract, will not be paid for.
The Contractor shall be responsible for penalties assessed or levied on the Contractor or the City as a result of the Contractor's failure to comply with the provisions in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Manuals, and Federal, State and local regulations and requirements as set forth therein.
Penalties as used in this section shall include fines, penalties and damages, whether proposed, assessed, or levied against the City or the Contractor, including those levied under the Federal Clean Water Act and the State Porter-Cologne Water Quality Control Act, by governmental agencies or as a result of citizen suits. Penalties shall also include payments made or costs incurred in settlement for alleged violations of the Manuals, or applicable laws, regulations, or requirements. Costs incurred could include sums spent instead of penalties, in mitigation or to remediate or correct violations.
Notwithstanding any other remedies authorized by law, the City may retain money due the Contractor under the contract, in an amount determined by the City, up to and including the entire amount of penalties proposed, assessed, or levied as a result of the Contractor's violation of the project requirements, or Federal or State law, regulations or requirements.
Funds may be retained by the City until final disposition has been made as to the penalties.
The Contractor shall remain liable for the full amount of penalties until such time as they are finally resolved with the entity seeking the penalties.
Retention of funds for failure to conform to the provisions in this section, "Water Pollution Control", shall be in addition to the other retention amounts required by the contract. The amounts retained for the Contractor's failure to conform to provisions in this section will be released for payment on the next monthly estimate for partial payment following the date when an approved WPCP has been implemented and maintained, and when water pollution has been adequately controlled, as determined by the Engineer.
When a regulatory agency identifies a failure to comply with the Manuals, or other Federal, State or local requirements, the City may retain money due the Contractor, subject to the following:
The City will give the Contractor seventy-two (72) hours’ notice of the City’s intention to retain funds from partial payments which may become due to the Contractor prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor.
During the first progress payment period after that the Contractor fails to conform to the provisions in this section, "Water Pollution Control", the City may retain an amount equal to twenty-five percent (25%) of the estimated value of all contract work performed on the entire contract.
The Contractor shall notify the Engineer immediately upon request from the regulatory agencies to enter, inspect, sample, monitor, or otherwise access the project site or the Contractor's records pertaining to water pollution control work. The Contractor and the City shall provide copies of correspondence, notices of violations, enforcement actions or proposed fines by regulatory agencies to the requesting regulatory agency.
As part of the water pollution control work, a Water Pollution Control Program (WPCP) is required for this contract. The WPCP shall conform to the provisions in Section 13, “Water Pollution Control”, of the Standard Specifications, the project requirements, and these Technical Specifications. Upon the Engineer's approval of the WPCP, the WPCP shall be considered to fulfill the provisions in Section 13, “Water Pollution Control”, of the Standard Specifications for development and submittal of a Water Pollution Control Program.
No work having potential to cause water pollution shall be performed until the WPCP has been approved by the Engineer. Approval shall not constitute a finding that the WPCP complies with applicable requirements of the Manuals and applicable Federal, State and local laws, regulations, and requirements.
The Contractor shall designate a Water Pollution Control Manager. The Water Pollution Control Manager shall be responsible for the preparation of the WPCP and required modifications or amendments and shall be responsible for the implementation and adequate functioning of the various water pollution control practices employed. The Contractor may designate diGerent Water Pollution Control Managers to prepare the WPCP and to implement the water pollution control practices. The Water Pollution Control Managers shall serve as the primary contact for issues related to the WPCP or its implementation. The Contractor shall assure that the Water Pollution Control Manager(s) have adequate training and qualifications necessary to prepare the WPCP, implement and maintain water pollution control practices, as described in Section 13, “Water Pollution Control”, of the Standard Specifications.
Within five (5) working days after the execution of the contract, the Contractor shall submit two (2) copies of the draft WPCP to the Engineer. The Engineer will have five (5) working days to review the WPCP. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the WPCP within five (5) working days of receipt of the Engineer's comments. The Engineer will have five (5) working days to review the revisions.
Upon the Engineer's approval of the WPCP, one (1) approved copy of the WPCP, incorporating the required changes, shall be submitted to the Engineer. To allow construction activities to proceed, the Engineer may conditionally approve the WPCP while minor revisions are being completed.
The Contractor shall develop a Water Pollution Control Schedule that describes the timing of grading or other work activities that could aGect water pollution. The Water Pollution Control Schedule shall be updated by the Contractor to reflect changes in the Contractor's operations that would aGect the necessary implementation of water pollution control practices.
The Contractor shall prepare an amendment to the WPCP when there is a change in construction activities or operations which may aGect the discharge of pollutants to surface waters, ground waters, municipal storm drain systems, or when the Contractor's activities or operations violate Federal, State or local regulations, or when directed by the Engineer. Amendments shall identify additional water pollution control practices or revised operations, including those areas or operations not identified in the initially approved WPCP. Amendments to the WPCP shall be prepared and submitted for review and approval within a time approved by the Engineer, but in no case longer than the time specified for the initial submittal and review of the WPCP.
The Contractor shall keep one copy of the approved WPCP and approved amendments at the project site. The WPCP shall be made available upon request by a representative of the Regional Water Quality Control Board, State Water Resources Control Board, United States Environmental Protection Agency, or the local storm water management agency. Requests by the public shall be directed to the Engineer.
No adjustment in compensation will be made for ordered changes to correct WPCP work resulting from the Contractor's own operations or from the Contractor's negligence.
If requested by the Contractor and approved by the Engineer, changes to the water pollution control program, including addition of new water pollution control practices, will be allowed. Changes shall be included in the approved amendment of the WPCP. If the requested changes result in a net cost increase to the lump sum price for water pollution control, an adjustment in compensation will be made without change to the water pollution control item. The net cost increase to the water pollution control item will be paid for as extra work as provided in Section 4-1.05, "Changes and Extra Work", of the Standard Specifications.
The Contractor shall submit a Water Pollution Control Program (WPCP) to address the storm drain and various improvements to the Engineer for approval. The WPCP shall conform to the requirements of the City of Alameda and these Technical Specifications.
Unless otherwise specified, upon approval of the WPCP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, maintaining, removing, and disposing of the water pollution control practices specified in the WPCP and in the amendments. Unless otherwise directed by the Engineer, the Contractor's responsibility for WPCP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 8-1.06, "Suspensions", of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of water pollution control practices shall conform to the requirements in the Manuals and these Technical Specifications.
If the Contractor or the Engineer identifies a deficiency in the implementation of the approved WPCP or amendments, the deficiency shall be corrected immediately. The deficiency may be corrected at a later date and time if requested by the Contractor and approved by the Engineer in writing, but shall be corrected prior to the onset of precipitation. If the Contractor fails to correct the identified deficiency by the date agreed or prior to the onset of precipitation, the project shall be in nonconformance with this section. Attention is directed to Section 5-1.03, "Engineer’s Authority", of the Standard Specifications, and to "Retention of Funds" of this section for possible nonconformance penalties.
If the Contractor fails to conform to the provisions of this section, "Water Pollution Control", the Engineer may order the suspension of construction operations until the project complies with the requirements of this section.
Implementation of water pollution control practices may vary by season. The Construction Site BMPs Manual and these Technical Specifications shall be followed for control practice selection of year-round, rainy season and non-rainy season water pollution control practices.
Year-Round Implementation Requirements
The Contractor shall have a year-round program for implementing, inspecting and maintaining water pollution control practices for wind erosion control, tracking control, non-storm water management, and waste management and materials pollution control.
The National Weather Service weather forecast shall be monitored and used by the Contractor on a daily basis. An alternative weather forecast proposed by the Contractor may be used if approved by the Engineer. If precipitation is predicted, the necessary water pollution control practices shall be deployed prior to the onset of the precipitation.
Disturbed soil areas shall be considered active whenever the soil disturbing activities have occurred, continue to occur or will occur during the ensuing fifteen (15) working days. Nonactive areas shall be protected as prescribed in the Construction Site BMPs Manual within ten (10) working days of cessation of soil disturbing activities or prior to the onset of precipitation, whichever occurs first.
Rainy Season Implementation Requirements
Soil stabilization and sediment control practices conforming to the requirements of these Technical Specifications shall be provided throughout the rainy season, defined as between October 15th and April 15th.
An implementation schedule of required soil stabilization and sediment control practices for disturbed soil areas shall be completed no later than fifteen (15) working days prior to the beginning of each rainy season. The implementation schedule shall identify the soil stabilization and sediment control practices and the dates when the implementation will be twenty-five percent (25%), fifty percent (50%) and one hundred percent (100%) complete, respectively. For construction activities beginning during the rainy season, the Contractor shall implement applicable soil stabilization and sediment control practices.
Non-Rainy Season Implementation Requirements
The non-rainy season shall be defined as days outside the defined rainy season. The Contractor's attention is directed to the Construction Site BMPs Manual for soil stabilization and sediment control implementation requirements on disturbed soil areas during the non-rainy season. Disturbed soil areas within the project shall be protected in conformance with the requirements in the Construction Site BMPs Manual with an eGective combination of soil stabilization and sediment control.
To ensure the proper implementation and functioning of water pollution control practices, the Contractor shall regularly inspect and maintain the construction site for the water pollution control practices identified in the WPCP. The construction site shall be inspected by the Contractor as follows:
• After a precipitation event which causes site runoG.
• At twenty-four (24) hour intervals during extended precipitation events. • Routinely, a minimum of once every two (2) weeks outside of the defined rainy season.
• Routinely, a minimum of once every week during the defined rainy season.
The Contractor shall use the Caltrans Stormwater Site Inspection Report Form CEM-2030.
One copy of each site inspection record shall be submitted to the Engineer within twentyfour (24) hours of completing the inspection.
If the Contractor identifies discharges into surface waters or drainage systems in a manner causing, or potentially causing, a condition of pollution, or if the project receives a written notice or order from a regulatory agency, the Contractor shall immediately inform the Engineer. The Contractor shall submit a written report to the Engineer within five (5) working days of the discharge event, notice or order. The report shall include the following information:
• The date, time, location, nature of the operation, and type of discharge, including the cause or nature of the notice or order.
• The water pollution control practices deployed before the discharge event, or prior to receiving the notice or order.
• The date of deployment and type of water pollution control practices deployed after the discharge event, or after receiving the notice or order, including additional measures installed or planned to reduce or prevent reoccurrence. • An implementation and maintenance schedule for aGected water pollution control practices.
Water pollution control work to be included in the WPCP shall include:
• Cleaning of vehicles by removing loose soil from the exterior of the equipment using brushes or brooms before leaving the Site. Keeping existing streets open to traGic free from dirt and debris at all times and be prepared to sweep surfaces immediately at the request of the Engineer should they deem it is necessary for safety of the public and to avoid damage to properties. Sweep adjacent streets as required by the Engineer.
• Implementation of erosion control measures (BMPs) after excavation and grading operations as required according to the California Stormwater Quality Association BMP Manual.
• Installation and eGective maintenance of temporary inlet protection. • Installation of temporary construction entrance.
• Use of concrete washout containment facility.
• Covering of stockpiles.
• Decontamination of construction equipment before leaving the premises. • Covering of soil loads taken oGsite to prevent soil tracking. • Suspension of work upon wind gust in excess of 25 mph. At the discretion of the Engineer, work can resume if the types of work being performed are not generating large amounts of dust.
• Use of vacuum to immediately capture all pavement/concrete sawcut slurry/waste. • EGectively contain all wastes
Dewatering work shall include:
• Keep all excavations, including drilled shaft foundations, reasonably free from water during construction.
• Disposal of water shall not damage property or create a public nuisance. • Have on hand pump equipment and machinery in good working condition for emergencies and workmen available for its operation.
• Dewatering systems shall operate continuously until foundations are poured or trenches are backfilled.
• Groundwater shall be controlled to prevent softening of the bottom of excavations, or formation of “quick” conditions.
• Dewatering systems shall not remove natural soils.
• Control surface runoG to prevent entry or collection of water excavations. • Release of groundwater shall be controlled to prevent disturbance of the natural foundation soils or compact fill.
• There shall be no discharge of turbid water on site.
• Discharge or disposal of water shall be controlled to prevent erosion • There shall be no discharge of turbid water to any storm drain inlet or arch culvert The Contractor shall not perform work that may cause water pollution until the WPCP has been approved by the Engineer. The Engineer's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements
3.2 MEASUREMENT AND PAYMENT
Refer to section 5-3 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 4 – CONSTRUCTION STAKING & MONUMENTATION
4.1 GENERAL
This section specifies the work for construction staking which consists of providing all labor, tools, equipment, materials, and incidentals necessary to survey and stake all improvements, to the line and grade shown on the plans.
The Plans identify site survey control points necessary to establish the coordinate system and elevations that provide the basis of design for this project.
Permanent existing survey monuments are present within the project limits but are not identifies in the Plans or survey. The Contractor is hereby advised to become familiar with Section 8771 of the Business and Professions code of the State of California pertaining to the requirements imposed in monument preservation and protection that are assigned to the Contractor as noted in these Technical Specifications.
4.2 EXECUTION
The Contractor shall furnish construction survey and staking equipment and set stakes and marks to establish baselines and grades as specified in Chapter 12 of the Caltrans Surveys Manual and as required for the completion of the work as specified on the Plans and in these Technical Specifications. The Contractor shall be solely responsible for establishing, maintaining and protecting the survey stakes or marks. Construction staking shall be reviewed by the City Engineer oor designee before construction of the staked improvements.
Temporary site survey control points that are in demolition areas will be destroyed by construction activities and may be replaced at the Contractor’s expense as needed to support on-going construction survey operations. If an insuGicient number of site control points are available, the survey coordinate system must be re-established using the NGS monuments described in the Horizontal and Vertical Datum Survey Notes in the plans. The Contractor will not be allowed any adjustment in working days for such verification or replacement of survey control points and no additional payment will be made.
Centerline stations shall be staked at (minimum) 50-foot intervals in straights and 25-foot intervals on curve, at beginning and ends of curves, high points, grade breaks, low points, storm drains, maintenance holes, and drop inlets.
All stakes and survey markers will be conspicuously marked with flagging tape or paint. The Contractor shall inform the sub-contractors of the importance of the preservation of all survey markers. The Contractor shall be responsible for protecting and maintaining all stakes from destruction. In the event that one (1) or more of the stakes are damaged or destroyed, the Contractor, at their own expense, shall replace the construction stakes and survey control points.
Existing permanent survey monuments that are not identified in the Plans are expected to be disturbed with this Project. The Contractor’s California Registered Licensed Surveyor (RLS) shall reference the location and file a request for existing Corner Records with the County Surveyor of Alameda for all known project monuments before doing any construction work. The Contractor shall provide oGicial copies of the County’s Corner Records to the City Surveyor before doing any construction work on project streets. If it is necessary to remove or replace a City monument in conjunction with the work associated with this contract, the Contractor shall provide two weeks’ notice (10 working days) to the OGice of the City Supervisor and, under supervision of the City Surveyor, the monument will either be temporarily removed and later replaced or it will be relocated to another location. In the event that the monument cannot be replaced in its original location, the Contractor shall replace it in an alternate location as directed by the City Surveyor or their representative. Survey monuments that are reset or relocated shall be installed in accordance with City of Alameda Standard Detail ST 13 and a new Corner Record must be filed at the Contractor’s expense. All monuments shall be raised or lowered to the finished grade during construction operations. The Contractor shall show the location of all City Monuments on the submitted as-built record drawings. The Contractor will not be allowed any adjustment in working days for verification or replacement of Survey Monuments and no additional payment will be made therefor.
4.3 MEASUREMENT AND PAYMENT
Refer to section 5-4 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 5 – DEMOLITION
5.1 GENERAL
Demolition work shall consist of all protection of facilities to remain, destruction, removal and abandonment activities and shall include saw-cutting, breaking up, grinding and other actions necessary for the removal, salvaging, stockpiling, transporting and disposal of all materials and structures as shown on the Plans or specified herein. The Contractor shall obtain all permits and licenses and give all notices required for performance and completion of the demolition and removal work, hauling, and disposal of debris.
The use of gas-powered blowers is prohibited.
Contractor shall lay out and review the exact limits of work and extent of materials to be removed or abandoned with the City Engineer or designee and checked by the inspector.
1. Examine site and structures and determine exact nature and status of structural elements and above ground and below ground utilities prior to commencing demolition.
2. City assumes no responsibility for actual conditions of items or structures to be demolished.
5.2 SUBMITTALS
Contractor shall submit a schedule indicating proposed methods and sequence of operations for selective demolition work for review prior to commencement of work.
Provide a detailed sequence of demolition and removal work to ensure uninterrupted progress of adjacent building uses.
5.3 EXECUTION
Contractor shall schedule work so that only one (1) side of the street is under construction on any one day, and parking and unimpeded pedestrian passage remains available on the opposite side of the street.
Contractor shall perform work to provide for uninterrupted two-way traGic on Lincoln Avenue/Marshall Way/Pacific Avenue. Contractor shall include temporary barricades and other forms of protection as required to protect the general public from injury due to selective demolition work. Provide protective measures as required to provide free and safe passage of general public. Contractor shall erect temporary passageways as required by authorities having jurisdiction.
Selective Demolition: Contractor shall perform selective demolition work in a systematic manner. Use methods required to complete work as shown on the Plans in accordance with demolition schedule and governing regulations. Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Damage to existing facilities not identified for removal and caused by the Contractor’s work activities shall be replaced in-kind or as approved by the City Engineer or designee at the Contractor’s expense.
Landscape Demolition: Existing landscape materials including vegetation, other decorative materials, irrigation systems shall be removed as shown on the Plans and disposed of.
Damage to existing landscaping not identified for removal and caused by the Contractor’s work activities shall be replaced in-kind or as approved by the City Engineer or designee at the Contractor’s expense.
TraGic: Do not close, block, or otherwise obstruct streets, walks, or other occupied or used facilities without written permission from the City Engineer or designee. Provide alternate routes around closed or obstructed traGic ways if required by governing regulations.
All work shall conform to the regulations of the City and to the relevant provisions in Section 15 “Existing Facilities” of the Caltrans Standard Specifications. Provide a minimum of three (3) working days advance notice of demolition activities to the City Engineer or designee.
Utilities: The Contractor shall call Underground Service Alert (USA) at (800) 642-2444 to mark the locations of all underground utilities at least two (2) working days before the intended start of excavation. Any damage to any utilities due to the Contractor’s operations shall be repaired or replaced by the Contractor to the satisfaction of the City Engineer or designee.
Residue from cutting operations related to utility work shall not be permitted to flow into storm drains or across lanes occupied by traGic and shall be removed from the pavement surface, concurrent with the cutting operation. All excavated material shall be removed and disposed of outside the public right of way in accordance with local regulations and relevant sections of the Caltrans Standard Specifications. The use of gas-powered blowers is prohibited.
The Contractor shall receive no additional compensation for delays or inconvenience caused by utility relocations and/or adjustments. The delay caused by these relocations and/or adjustments shall not count towards the Contractor’s working days.
Clean Up: The Contractor shall perform daily cleanup operations to keep the job site and adjacent properties free from accumulation of waste materials and debris resulting from the Contractor’s operations. The Contractor shall deposit waste material in secured and covered on-site containers or at a legal disposal area away from the site at the end of each working day. Nothing herein shall be construed as reliving the Contractor of their responsibility for final cleanup on the site as provided in Section 4-1.13 “Cleanup” of the Caltrans Standard Specifications.
Damages: Promptly repair damages caused to adjacent facilities by demolition work at no cost to the City. If the Contractor damages an existing improvement, which is to remain, the Contractor shall restore such improvement to as good a condition as existed before ethe damage or shall replace the improvement. When restoration is not acceptable, Contractor shall replace with an improvement of at least equal quality. Cost of such restorations or replacement shall be the Contractor’s expense.
Environmental Control: Use water, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practicable level. Comply with governing regulations pertaining to environmental protection. Dust control shall conform to the provisions of Section 10-5 “Dust Control” of the Caltrans Standard Specifications.
Hauler: All hauling, transportation, trucking, and disposal required to perform the work are incidental to the contract bid items and are the sole responsibility of the Contractor. The Contractor shall furnish and pay for all labor, equipment, materials, fuel, permits, tolls, fees, and incidentals associated with hauling operations, including but not limited to loading, unloading, transport, standby time, queuing, traGic delays, plant or facility delays, restricted delivery windows, return trips, partial or rejected loads, and all disposal, tipping, dumping, recycling, or processing fees. Incidental hauling includes delivery of materials to the job site and removal, transport, and lawful disposal of excavated, salvaged, excess, waste, or unsuitable materials to locations selected by the Contractor unless otherwise specified. The Contractor is solely responsible for selecting haul routes and disposal facilities; complying with all applicable laws, regulations, load limits, and operating restrictions; preventing spillage, tracking, dust, or debris; performing immediate cleanup of haul-related impacts; and coordinating hauling operations so as not to interfere with traGic, adjacent properties, or other work. The City makes no representation or guarantee regarding haul distances, haul times, traGic conditions, plant availability, or disposal site availability or suitability, and no additional compensation, time adjustment, or claim will be allowed based on hauling conditions, logistics, delays, or disposal requirements.
Remove existing pavement striping and markings: Removal of existing pavement striping and markings shall conform to the provisions in Section 84-9 “Existing Markings” of the Caltrans Standard Specifications. Contractor shall submit proposed method for removing traGic stripes and pavement markings at least seven (7) working days before starting the removal work. The Contractor shall remove traGic stripes and pavement markings before making any change to the traGic pattern. Where indicated on the plans, Contractor shall completely remove traGic stripes and pavement markings, including any paint in the gaps, by methods that do not remove pavement to a depth of more than 1/8 inch.
Remove Existing Signs: Removal of existing signs shall conform to the provisions in Section 82-3 “Roadside Signs” of the Caltrans Standard Specifications. Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traGic, unless otherwise directed by the Engineer. The signs to be removed shall be salvaged and shall be returned to the City of Alameda. The existing signs to remain shall be protected during construction. Where signs are impacted by sidewalk demolition/reconstruction, per the plans, signs and posts shall be either retained (or protected in place), removed and salvaged. At locations where sign post removal is required and no sidewalk modification is indicated, Contractor shall cut the sign post at the base, grind remaining pole to match existing grade, and backfill the removed pole location with concrete.
5.4 MEASUREMENT AND PAYMENT
Refer to sections 5-5 and 5-6 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 6 – CURB PAINT
6.1 GENERAL
Specifications for furnishing and providing curb paint as indicated.
Paint for curb markings shall be consistent with Standard 84-2.02F of the Caltrans Standard Specifications and these Specifications.
6.2 SUBMITTALS
For each lot or batch of paint, submit:
1. Certificate of compliance, including the product name, lot or batch number, and manufacture date.
2. Safety Data Sheet (SDS)
6.3 MATERIALS
Blue, red, and green paint shall be of type Waterborne TraGic Line for international symbol of accessibility and other curb markings and shall conform to Federal Specification TT-P1952F.
White colored paint shall be of type Waterborne TraGic Line and shall conform to the Caltrans Specification PTWB-01R2.
6.4 EXECUTION
Quality Assurance
Before starting permanent application of two-component painted markings, apply a test stripe of the paint on roofing felt or other suitable material in the presence of the City Engineer or designee. The test section shall be at least 10 feet in length.
Construction
Surface Preparation shall be done in accordance to Section 84-2.03B of the Caltrans Standard Specifications and these Specifications
Installation of curb paint shall be done in accordance to Section 84-2.03B(5) of the Caltrans Standard Specifications and these Specifications.
6.5 MEASUREMENT AND PAYMENT
Refer to section 5-7 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 7 – STRIPING & MARKINGS - PAINT
7.1 GENERAL
Specifications for furnishing and installing paint traGic striping and pavement markings, and retroreflective markers on pavement as indicated.
TraGic stripes and pavement marking tape shall comply with Section 84-2.02E and 84-
2.02G, respectively, of the Caltrans Standard Specifications and these Specifications.
7.2 SUBMITTALS
For each lot or batch of paint, submit:
1. Certificate of compliance, including the product name, lot or batch number, and manufacture date
2. Safety Data Sheet (SDS)
Submit retro reflectivity readings for traGic stripes and pavement markings at locations with deficient retro reflectivity determined by the City Engineer or designee.
Submit a certificate of compliance for each type of pavement marker used.
7.3 MATERIALS
Blue, red, green, and yellow paint shall be of type Waterborne TraGic Line for international symbol of accessibility and other curb markings and shall conform to Federal Specification TT-P-1952F.
White colored paint shall be of type Waterborne TraGic Line and shall conform to the Caltrans Specification PTWB-01R2.
All paint must comply with ASTM D6628.
Pavement markers shall comply with Section 81-3.02C of the Caltrans Standard Specifications. Hot melt bituminous adhesive shall comply with 81-3.02D of the Caltrans Standard Specifications.
7.4 EXECUTION
Surface preparation shall be in accordance with Section 84-2.03B of the Caltrans Standard Specifications and these Specifications.
Quality Control and Assurance
Paint shall be tested in accordance with Section 84-2.01D of the Caltrans Standard Specifications.
Construction
Apply paint traGic stripe and markings per Section 84-2.03B(6) of the Caltrans Standard Specifications. Apply retroreflective markers per Section 81-3.03 of the Caltrans Standard Specifications.
7.5 MEASUREMENT AND PAYMENT
Refer to sections 5-8 and 5-9 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 8 – STRIPING & MARKINGS - THERMOPLASTIC
8.1 GENERAL
Specifications for furnishing and installing paint traGic striping and pavement markings, and retroreflective markers on pavement as indicated.
TraGic stripes and pavement marking tape shall comply with Section 84-2.02C and 84-
2.02E, respectively, of the Caltrans Standard Specifications and these Specifications.
8.2 SUBMITTALS
For each lot or batch of paint and glass beads, submit:
1. Certificate of compliance, including the product name, lot or batch number, and manufacture date
2. Safety Data Sheet (SDS)
3. Material data sheet for thermoplastic primer
For each lot or batch of thermoplastic, submit a manufacturer’s certificate of compliance with test results for the tests specified in Section 84-2.01D of the Caltrans Standard Specifications. The date of the test shall be within 1 year of use.
For glass beads used in drop-on applications, submit a certificate of compliance and test results for each lot of beads specifying the EPA test methods used and tracing the lot to the specific test sample. The testing for lead and arsenic content shall be performed by an independent testing laboratory.
Submit retro reflectivity readings for traGic stripes and pavement markings at locations with deficient retro reflectivity determined by the City Engineer or designee.
Submit a certificate of compliance for each type of pavement marker used.
8.3 MATERIALS
Thermoplastic shall comply with Caltrans Standard Specification PTH-02SPRAY, PTH02HYDRO, or PTH-02ALKYD.
Glass Beads shall comply with Section 84-2.02B of the Caltrans Standard Specifications and comply with Caltrans Standard Specification 8010-004.
Pavement markers shall comply with Section 81-3.02C of the Caltrans Standard Specifications. Hot melt bituminous adhesive shall comply with 81-3.02D of the Caltrans Standard Specifications.
8.4 EXECUTION
Surface preparation shall be in accordance with Section 84-2.03B of the Caltrans Standard Specifications and these Specifications.
Quality Control and Assurance
Thermoplastic shall be tested in accordance with Section 84-2.01D of the Caltrans Standard Specifications.
Construction
Apply thermoplastic traGic stripe and markings per Section 84-2.03C(2) of the Caltrans Standard Specifications. Apply retroreflective markers per Section 81-3.03 of the Caltrans Standard Specifications.
Apply additional thermoplastic traGic stripe layers as needed to attain the 1/8-inch above grade elevation required for the 6-inch Thermoplastic Bike Rumble Strips as indicated in the plans.
8.5 MEASUREMENT AND PAYMENT
Refer to sections 5-10 and 5-11 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 9 – STREET BOND
9.1 GENERAL
Specifications for installing San Diego BuG color StreetBond SB120 Asphalt Pavement Coating Flat Surface (Non-Stamped) or approved equivalent. Section includes solar reflective coating system over non-stamped asphalt pavement.
9.2 REFERENCES
Reference Standards Include:
• ASTM D4541 – Standard Test Method for Pull-OG Strength of Coatings Using Portable Adhesion Tester
• ASTM D4060 – Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser
• ASTM D2697 – Standard Test Method for Volume of Nonvolatile Matter in Clear or Pigmented Coatings
• ASTM D522-93A – Standard Test Method for Mandrel Bend Test of Attached Organic Coatings
• ASTM D1653 – Standard Test Method for Water Vapor Transmission Through Organic Film Coatings
• ASTM G154 – QUV Accelerated Weathering Environment. Standard Practice for Operating Flourescent Light Apparatus for UV Exposure of Nonmetallic Materials • ASTM D2369 – Weight Solids Standard Test Method for Volatile Content of Coatings • ASTM D1475 – Standard Test Method for Density of Paint, Varnish, Lacquer, Other Related Products
• ASTM D2240 (2000) – Standard Test Method for Rubber Property – Durometer Hardness
• ASTM D5895 – Standard Test Method of Drying or Curing During Film Formation of Organic Coatings Using Mechanical Recorders
• ASTM D570 – Standard Test Method for Water Absorption of Plastics Definitions
Certified Applicator: Applicator that has been certified by the manufacturer to install pavement coatings per specifications and oGer warranties backed by the manufacturer.
Owner: means the Owner (City Engineer or designee) and refers to the representative person who has decision making authority for the work performed.
Manufacturers
Siplast (Irving TX) manufactured pavement coating products or approved equivalent. • StreetBond SB120 Pavement Coating (Part A & B)
• StreetBond Colorant
• StreetBond Adhesive Promoter (for exposed stone in older asphalt) • StreetBond Sealer Concentrate
9.3 SUBMITTALS
Shop Drawings: Submit layout plans drawn to scale and coded to show where coating is applied, indicating colors by section, and enabling calculation of total square feet by color.
Color Samples: Submit manufacturer’s color charts or sample drawdowns of colors to be applied.
Product Data: Submit manufacturer’s Technical Data Sheets (TDS) and Safety Data Sheets (SDS) of products being applied.
Application Instructions/Rates: Submit manufacturer’s application instructions/rates to achieve desired finished product dry mil thickness.
Maintenance Instructions: Submit maintenance and cleaning instructions.
9.4 MATERIALS
Asphalt Pavement Coating: A premium epoxy-modified, acrylic, waterborne coating designed for application on asphalt pavements receiving pedestrian traGic and minimal vehicular traGic. The coating shall be specially formulated to provide wear and crack resistance, color retention, adhesion, minimal water absorption and increased friction properties. Coating materials shall meet all local Volatile Organic Compounds (VOC) regulations.
Coating Properties:
• Solids by Volume: 54-61% (ASTM D2697)
• Solids by Weight: 71.5-77.5% (ASTM D2369)
• Density: 14 lbs/gal (1.67 kg/l) (ASTM D1475)
• Drying Time: 1-4 hours at 77°F (25°C) and 40% humidity (ASTM D5895 • Taber Wear Abrasion Dry (H-10 wheel): 1.0g/1000 cycles after 1-day cure (ASTM D4060)
• Taber Wear Abrasion Wet (H-10 wheel): 4.0g/1000 cycles after 7-day cure (ASTM D4060)
• Water Absorption: 3.5-6.5% (ASTM D471)
• Mandrel Bend: 1.0-1.5 inch (ASTM D522-93A)
• VOC Content: <50 g/l
• Friction-Dry: 75-95 (ASTM E303)
• Friction-Wet: 55-75 (ASTM E303)
• Permeance: 13.4 g/m2/24hr/mmHg (52 mils) (ASTM D1653) Colorant: A highly concentrated, high quality, UV stable pigment blend designed to add color to the specified San Diego BuG color asphalt pavement coating.
Adhesion Promotor: A liquid agent designed to enhance the adhesion of the specified coating over surfaces with polished aggregates.
Sealer Concentrate: A liquid sealer that is applied to a newly completed project to help seal coating and reduce dirt and tire pick-up.
9.5 EXECUTION
Quality Assurance
• Qualifications:
o Manufacturer: Continuously engaged in manufacturing coating of similar type to that specified, with a minimum of five years successful experience. o Installer: Shall be a certified applicator by manufacturer. • Local Regulations:
o Conform to regulations of public agencies, including any specific requirements of the city and/or state of jurisdiction.
Product Delivery, Storage and Handling
• Delivery:
o Deliver materials in the manufacturer’s original sealed and labeled containers and in quantities required to allow continuity of application. • Storage:
o Store manufactured materials in a clean, dry location, protected from the weather and deterioration, and complying with manufacturer’s written instructions for minimum and maximum temperature requirements for storage.
Project/Site Conditions
• Environmental Limitations:
o Do not install coating over wet or damp substrates
• Weather Limitations:
o Proceed with installation only when existing and forecasted weather conditions permit coating to be applied according to manufacturer’s written instructions
• Permits:
o Obtain all permits required by local agencies and pay all fees which may be required for the performance of the work
• Safety:
o Familiarize every member of the application crew with all safety regulations recommended by OSHA, NIOSH, NRCA and other industry or local governmental groups
Warranty
Provide a manufacturer warranty against material defects for a minimum period of three (3) years from the date of completion.
Substrate Examination/Preparation
• General:
o Ensure that surfaces are free from gross irregularities, loose, unsound, or foreign material such as dirt, ice, snow, water, grease, oil, release agents, laitance, paint, loose particles/friable matter, rust, de-icing materials, chemical residue or any other material that would be detrimental to adhesion of the coating to the non-textured asphalt pavement surface.
Protect areas using masking tape, plastic sheeting, tarps, coating shields, as necessary, to prevent overspray.
• Asphalt Pavement Preparation:
o Thoroughly clean the surface of dust and debris using a broom and/or blower.
Power wash areas with heavy dirt/debris build-up and where grease and oil contamination is present using an acceptable biodegradable cleaner. Ensure that the substrate is dry prior to applying the specified coating. • Existing Coatings:
o Remove pavement markings by sandblasting, pressure-washing, grinding, or other mechanical methods, as approved by the Owner or Owner’s representative.
• Polished Asphalt Surface Preparation
o Where asphalt is older with exposed and polished stone, apply adhesion promoter according to the manufacturer’s published guidelines and allow to dry completely prior application of the first layer of coating.
Coating Application
• Adhesion Promoter:
o For older asphalt with polished stone. Mix and apply manufacturer’s instructions and allow to dry completely prior application of the first layer of coating. If the asphalt substrate is newer without exposed polished stone an adhesive promoter is not needed.
• Coating Application:
o Mix according to manufacturer instructions. Apply three (3) coats at the manufacturer specified rate of application to achieve a nominal dry mil thickness of 19 mils. Rough and/or porous asphalt surfaces may require an additional coat(s) to achieve desired dry mil thickness. Coating shall be applied by a heavy-duty textured sprayer and back rolled, or roller, or brush applied according to the requirements published in the manufacturer’s installer’s guide. Allow each coat of material to dry before applying subsequent layers.
• Sealer Concentrate:
o Mix according to manufacturer instructions and apply two (2) light coats using a low-pressure handheld or backpack sprayer over coating application.
Field Quality Control and Inspections
• Site Conditions:
o Leave all areas around job site free of debris, materials, equipment, and related items after completion of job.
• Notification of Completion:
o Notify the Owner and Manufacturer of job completion.
• Issuance of the Guarantee:
o Complete all post installation procedures and meet the manufacturer’s final endorsement for issuance of the specified warrantee.
9.6 MEASUREMENT AND PAYMENT
Refer to section 5-12 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 10 – BROWN K-71 FLEXIBLE POST
10.1 GENERAL
Specifications for providing and installing brown K-71 Flexible Posts (or approved equivalent) on pavement as indicated.
10.2 SUBMITTALS
Contractor shall submit shop drawings and diagrams indicating dimensions and colors of K-71 Flexible Posts including mounting equipment for City approval prior to ordering K-71 Flexible posts.
10.3 MATERIALS
K-71 Flexible Posts shall have a Brown post color and a White film color and shall conform to US Reflector specification sheet and CA MUTCD Section 3H.01. Each post shall have a minimum 7.5-inch diameter, be 42-inches tall and constructed of brown PVC/polyethylene.
Posts shall have a minimum 4-inch by 22-inch retroreflective surface. Each post shall be equipped with an internal zinc-coated spring and mounted onto a rigid base designed for bolt/screw-in installation into asphalt. The posts shall be designed to withstand 60 mph impact while maintaining 360-degrees of flexibility.
10.4 EXECUTION
Install K-71 Flexible Posts in accordance with the US Reflector specification sheet and with Section 12-3.05C of the Caltrans Standard Specifications and these Specifications.
10.5 MEASUREMENT AND PAYMENT
Refer to section 5-13 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 11 – GREEN METHYL METHACRYLATE (MMA)
11.1 GENERAL
Specifications for furnishing and installing methyl methcrylate pavement markings as indicated.
The material for the green bicycle lane delineation (green marking) and associated pavement markings therein shall be methyl methacrylate conforming to this section.
Materials shall be anti-slip treated methyl methacrylate and do not need to be retroreflective.
System Description
Properly designed roadway pavement coatings have been scientifically formulated to provide the optimal balance of performance properties for a durable, long-lasting color and texture to a roadway pavement surface. Some of these key properties include wear and crack resistance, color retention, adhesion, minimal water absorption and increased friction properties. As well, the roadway pavement coating shall be environmentally safe and meet EPA requirements for Volatile Organic Compounds (VOC).
The material shall be capable of being applied on bituminous and/or Portland cement concrete pavements and shall be able to be applied after 30 days of placement. The use of a compactor or similar equipment shall not be necessary. The material shall be able to be applied to asphalt and concrete surfaces without preheating the application surface to a specific temperature.
The material shall be capable of conforming to pavement contours, breaks and faults through the action of traGic at normal pavement temperatures. It shall not be necessary to use a grid template or to make pattern grooves or other indentations in the asphalt or concrete surface prior to applying the material. It shall not be necessary to inlay the material in grooves or indentations. It shall not be necessary to heat the pavement or application surface to a specific temperature.
11.2 SUBMITTALS
1. Confirmation of coating color.
a. Green: The color shall meet the FHWA guidance for the chromaticity coordinates for bicycle lane coloration. Material shall be tested according to ASTM D154 Exposure Condition Cycle 1 D65/2 Daytime Chromaticity at 144 hours of exposure. Values for Green Bike Lane color shall be X-0.3367/Y0.4846. b. Color Samples: Submit manufacturer’s color charts or sample drawdowns of colors to be applied for approval by the City.
2. Confirmation of anti-skid/anti-slip properties of coating material.
3. Material Warranty.
a. Manufacturer provides a full warranty covering 100 percent of the pavement marking materials for one year.
b. Contractor is responsible for quality control of the proper placement of the materials and all other factors that aGect the service life of the materials. c. Contractor removes and replaces 100 percent of the markings for all failed sections at no cost to the city in the event of a performance failure.
4. Provide Material Safety Data Sheets (MSDS) when material is delivered.
5. Provide documentation of the manufacturer and production batch identification for the covering used.
11.3 MATERIALS
The manufacturer shall be ISO 9001:2008 certified for design, development, and manufacturing of colored pavement materials, and provide proof of current certification.
The Methyl Methacrylate (MMA) Acrylic Resin Material shall be a 98:2 formulated material capable of being sprayed. No other substitutes (i.e., 4:1, 1:1) MMA material formulations shall be permissible. Material shall be Color-Safe as manufactured by Transpo Industries, Inc. or approved equivalent.
Shall be resistant to the detrimental eGects of motor fuels, antifreeze, lubricants, hydraulic fluids composed on an ester modified rosin impervious to degradation by motor fuels, lubricants, etc. in conjunction with aggregates, pigments, binders, and anti-skid/anti-slip elements.
Pigments and anti-skid/anti-slip elements shall be uniformly distributed throughout the material. The pigment system shall not contain heavy metals nor any carcinogen, as defined ub 29 CFR 1910.1200 in amounts exceeding permissible limits as specified in relevant Federal Regulations.
Skid Resistance: Upon application the material shall provide a minimum skid resistance value of 60 BPN when tested according to ASTM E303 or minimum value of 40 when tested according to ASTM E274.
Hardness: The material shall meet a minimum hardness value of 55-60 per ASTM D2240.
Environmental Resistance: The material shall be resistant to deterioration due to exposure to sunlight, water, salt, or adverse weather conditions and impervious to oil and gasoline.
Ther material shall be able to be applied in temperatures down to 40°F.
Performance Measures for Durability. Minimum Durability – 90 percent of each colored area, legend, or symbol shall be present. Failure to meet any of the specified performance measures on at least 90 percent of the colored area is considered a failure. The City Engineer or designee may require partial or complete replacement of the colored area under the warranty terms. Failure to meet any of the specified performance measures on at least 90 percent of the legend or symbol is considered a complete failure of that legend of symbol. Replace under the warranty terms.
Elongation of material resign should have a minimum of 30% when tested in accordance with ASTM D638 Type I.
Compressive Strength of mixed material shall be between 2000-3000 psi when tested in accordance with ASTM 579 Method B.
Water Absorption shall be a maximum of 0.25% when tested in accordance with ASTM D570. Solids Content should be a minimum of 99% when tested in accordance with ASTM D1644.
Aggregate: A minimum of 7.0 on the Mohs Hardness Scale and Specific Gravity of 2.65 when tested by ASTM C128.
Delivery, storage, and handling shall be per manufacturer’s recommendations.
11.4 EXECUTION
Quality Assurance
Before starting permanent application of MMA markings, apply a test patch of the MMA on roofing felt or other suitable material at the project site and in the presence of the City Engineer or designee. The test section shall be at least 9 square feet.
Preparation
Depending upon the condition and age, existing roadway pavement may or may not be suitable for the successful application of pavement coating. Contractor can advise whether the roadway pavement is suitable or not. The City Engineer or designee shall make the final determination as to the suitability of the existing roadway pavement.
Contractor is responsible for all surface preparation such as de-greasing, sweeping, power blowing, shot blasting or power washing, in accordance with manufacturer’s instructions.
Line Control
• Establish control points prior to application
• Pavement markings that are to be left in place, utilities, drainage structures, curbs, and any other structure within or adjacent to the treatment location shall be masked to protect from application. Masking material to be removed with no damage after material is placed.
• Maintain line within 2 inches of the established control points and mark the roadway between control points as needed. Remove paint that is not placed within tolerance of the established control points and replace at no expense to the City.
Application Guide
A certified applicator shall install, or an approved manufacturer’s representative shall be present on the jobsite for the first day of application of the methyl methcrylate based colored pavement material. The manufacturer’s representative shall provide the City Engineer or designee and Contractor with a copy of written recommendations, technical data sheet complete with application instructions and a product safety data sheet available to anyone that will be exposed to the methyl methacrylate colored pavement marking system. The manufacturer’s representative shall have extensive application experience in the installation of methyl methcrylate colored pavement systems and provide a resume of project completed.
The substrate shall be completely dry and the surface thoroughly clean before application of the methyl methacrylate colored pavement marking system coating. The material shall cover the entire application area and be flush across the surface. Once applied, no part of the pavement surface shall be visible in the applicable area.
Asphalt: The material shall be applied using equipment recommended by the Manufacturer’s instructions. The material shall be able to be applied at ambient and road temperatures down to 40°F without any preheating of the pavement to a specific temperature. A sealer or primer specified by the manufacturer may be applied to the asphalt prior to material application to ensure proper adhesion, and to provide reinforcement for larger volumes of material. A thermometer shall not be required during the application process. The pavement shall be clean, dry, and free of debris.
Portland Cement Concrete: The same application procedure shall be used as described above. When applying to PCC pavement, a methyl methacrylate primer shall be used.
Primer shall be mixed and applied according to manufacturers recommended instructions and completely cured before application of the colored pavement marking material.
No track topcoat: Upon and/or during cure (i.e., wet-on-wet) of the colored pavement marking material, a methyl methacrylate based No Track Topcoat shall be mixed and applied (rolled or sprayed) according to manufacturers recommended instructions.
Catalyst for the methyl methacrylate colored pavement marking material system will be added at the recommendation of the manufacturer dependent on ambient and pavement temperature for methyl methacrylate primer, colored pavement marking material and topcoat.
Final thickness: The material shall be supplied at a minimum of 80 mils.
Equipment: Application/spray equipment shall utilize static mixers for thorough mixing of the resin and BPO catalyst. Resin and BPO shall not come in contact until just prior to entering the static mixer. A reversible spray tip shall be mounted directly at output of static mixer. Equipment with mixed resin and catalyst in hoses downstream of static mixer will not be accepted. Equipment shall have an electronic, adjustable over and under pressure safety circuit in place on the catalyst pump that will stop the machine if the set pressure is exceeded. In addition, machine shall have an audible low-pressure alarm that sounds if the pressure drops below the setpoint (usually about 1000 psi). Equipment without an electronic over pressure failsafe and audible low-pressure alarm will not be accepted. A factory technician shall be on site during project to assure proper use and operation of the equipment.
11.5 MEASUREMENT AND PAYMENT
Refer to section 5-14 of the Special Provisions.
TECHNICAL SPECIFICATION NO. 12 – ROADSIDE SIGN AND POST
12.1 GENERAL
Existing roadside signs shall be removed and relocated at the locations shown on the Plans or where designated by the City Engineer or designee, and paid for under Bid Item 5 – Remove and Salvage Existing Equipment.
New roadside signs shall be furnished and installed on new or existing foundations at the locations shown on the Plans or where designated by the City Engineer or designee and in conformance with Section 82 “Signs and Markers” of the Caltrans Standard Specifications, the City of Alameda Standard Plans, and these Specifications.
Signs and markers must comply with Part 2 Signs of the CA MUTCD.
12.2 SUBMITTALS
Submit a certificate of compliance for:
1. Aluminum sheeting
2. Retroreflective sheeting
3. Screened-process colors
4. Nonreflective, opaque, black film
5. Protective overlay-film
Upon request, submit test samples of sign panels and materials at various stages of production. The samples shall be at least 12 by 12 inches and include the background material and legend.
At least 15 days before starting sign fabrication, submit at least 3 copies of your QC plan for sign panels. The QC plan shall include:
1. Contact information for the person responsible for sign QC
2. Acceptance criteria for incoming raw materials at the fabrication plant
3. Type, method, and frequency of QC testing at the fabrication plant
4. Types and brand names of retroreflective sheeting
5. List of the retroreflective sheeting manufacturer’s approved process colors, protective overlay film, and black nonreflective film, including the manufacturer’s name and product name for each item
6. Manufacturer’s installation and splicing instructions for the retroreflective sheeting
7. Manufacturer’s instructions for cleaning each product
8. Method of packaging, transporting, and storing signs
12.3 MATERIALS
Sign panels shall conform with the applicable portions of Section 82-2.02 of the Caltrans Standard Specifications, the California MUTCD, the City of Alameda Standard Plans, and these Specifications.
Retroreflective sheeting shall conform to the provisions in Section 82-2.02C of the Caltrans Standard Specifications.
12.4 EXECUTION
1. Existing roadside signs shall be removed and salvaged or relocated and reused as shown on the Plans. Foundations and poles identified for removal shall be removed and legally disposed of outside of the public right of way. Metal signposts to be removed in sidewalk areas shall be removed by cutting and grinding the posts flush with the final grade of the sidewalk. Any holes or depressions remaining after post removal shall be cleaned, dried, and backfilled with non-shrink hydraulic-cement grout or concrete. Coat hole walls with epoxy adhesive for bonding new concrete to old concrete. Vertical ledges or protrusions greater than ¼-inch shall not be allowed.
2. Existing roadside signs that are to be relocated shall be installed on new posts.
3. Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traGic, unless otherwise directed by the City Engineer or designee.
4. Roadside signs and mounting shall be installed at the locations shown on the plans, or where directed by the City Engineer or designee and shall conform to the provisions in Section 82-3 “Roadside Signs” of the Caltrans Standard Specifications; ST10-1, 10-2, 11, 12-1, and 12-2 of the City of Alameda Standard Plans; and these Special Provisions. Existing and new signs to be mounted to existing or new posts shall be done in accordance with applicable Caltrans standards.
5. Contractor shall contact AC Transit a minimum of two weeks in advanced of signs to be removed or installed by others to coordinate removal of existing AC Transit signs and installation of new AC Transit signs. The City will be available to help facilitate initial contact with AC Transit.
6. New bus stops shall be in place and open before existing bus stops are removed.
7. No Parking sign spacing shall be 250 feet per City of Alameda request.
8. No Parking signs shall comply with the City of Alameda’s Master Fee Schedule.
12.5 MEASUREMENT AND PAYMENT
Refer to section 5-15 of the Special Provisions.
ATTACHMENTS