CITY OF FOSTER CITY (OWNER)
610 Foster City Boulevard, Foster City, CA 94404
CONTRACT
FOSTER CITY BOULEVARD MEDIAN MODIFICATIONS PROJECT, DATE: May 19, 2025 Construction Service Agreement
City of Foster City 00-5205 - 1
1. Identification of Contractor.
CONTRACTOR: Spektren Engineering, Inc.
LICENSE NO: 1134190
2. Scope of The Work. See Scope of Work attached as Appendix A.
Compensation for Work. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is
$135,867.00, to be paid as (check one): (1) ☐ lump sum; (2) ☒ lump sum with progress payments; (3) ☐ per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $135,867.00. All payments (check one): ☒ shall ☐ shall not be subject to a five percent retention.
Contractor’s hourly rates are listed in Exhibit A, Scope of Work and Cost Proposal. In the event payments to Contractor equal the “not to exceed” amount, and absent a written modification to this Agreement signed by the Owner, Contractor shall complete all services required under this Agreement without further compensation or cost reimbursement.
3. Schedule of Performance for the Work. Contractor shall commence and complete the Work by the following dates:
Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.
Substantial Completion Date: Within 30 calendar days of Commencement Date.
Final Completion Date: Within 14 calendar days of Substantial Completion.
3.01 Liquidated Damage Amounts.
A.As liquidated damages for delay Contractor shall pay Owner Five Hundred Dollars ($500) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.
B.As liquidated damages for delay Contractor shall pay Owner Five Hundred Dollars ($500) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.
3.02 Scope of Liquidated Damages
A.Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.
B.Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.
4. Terms and Conditions.
4.01Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):
A.Appendix A – Scope of Work
B.Appendix B – General Conditions
C.Appendix C – Insurance
D.Appendix D – Construction Performance Bond
E.Appendix E – Construction Labor and Materials Payment Bond F.Appendix F – Supplemental Conditions, if applicable
G.Appendix G – COVID-19 Amendment/Attachment
H.Appendix H – Technical Specifications
4.02The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect.
Agreement number must appear on all invoices and correspondence.
Send invoices in duplicate immediately upon performance of Work ordered hereon to:
City of Foster City
610 Foster City Boulevard,
Foster City, CA 94404
CITY OF FOSTER CITY:
By: _______________________________________
Stacy Jimenez, Mayor
APPROVED AS TO FORM:
By: ___________________________________
Benjamin Stock, City Attorney
CONTRACTOR
Name: ____________________________________
By: _______________________________________
(signature)
Its: Emiliano Villalobos Guzman___________
Title: President
By: _______________________________________
(signature)
Its: _______________________________________
Title:
1099 INFORMATION
Contractor Taxpayer I.D. No.: __________________
Incorporated: ☐ Yes☐ No
Appendix A - Scope of Work
City of Foster City 00 5205 - 2
Appendix A to Contract
SCOPE OF WORK
Work includes but is not limited to the modification of existing median to improve traffic flow as called out in the contract documents for Foster City Boulevard. Work shall also include replacing existing pavement markings.
(End of Appendix A)
Appendix B to Contract
GENERAL CONDITIONS
Appendix B - General Conditions
City of Foster City 00 5205 - 3
ARTICLE 1 TERMS OF PERFORMANCE
1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work described herein.
1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents.
1.03 Performance of Work/No Assignment. Time is of the
essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of Owner, and any assignment without Owner’s prior written approval shall be null and void. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit Contractor’s obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.
ARTICLE 2 LEGAL AND MISCELLANEOUS
2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within thirty (30) days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.
2.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as Owner’s responsibility.
2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its council members, officers, directors, representatives, agents, employees, and volunteers (Owner Indemnities), against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents.
Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’s obligations to defend, indemnify, and save harmless the Owner Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an Appendix B to Contract
GENERAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 4
agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person’s race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.
2.06 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault.
Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 9204 and 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.
2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in the City of Foster City, California.
Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.
2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00. 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 Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].
Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.
2.09 Mandatory Contractor and Subcontractor Registration.
Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.
2.10 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.
2.11 Construction Performance Bond; Construction Labor
and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.
A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $ 25,000, Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Construction Performance Bond and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Construction Labor and Materials Payment Bond.
Contractor may not substitute cash in lieu of the required bond(s).
B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).
2.12 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.
2.13 Public Records Act. Contractor is aware that this Agreement and any documents provided to the Owner may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers tobe confidential under the California Public Records Act. To the extent that Owner agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
2.14 Claims.
A. Should any clarification, determination, action or inaction by Owner, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and Owner will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven Days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue.
Appendix B to Contract
GENERAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 5
B. Owner will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify Owner, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim.
C. Claim Format
1. A. Contractor shall submit the claim justification in the following format:
(a) Cover letter and certification;
(b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief;
(c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others;
(d) Chronology of events and correspondence:
(e) Analysis of claim merit;
(f) Analysis of claim cost; and
(g) Attach supporting documents referenced in paragraph
2.14,C.1(c), above.
D. Required Provisions on Contract Claim Resolution
1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.
2.15 Force Majeure. Except for defaults of subcontractors at any tier, Contractor shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of Contractor, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure).
Force Majeure events include the following:
Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).
(End of Appendix B)
Appendix C to Contract
INSURANCE
Appendix C - Insurance
City of Foster City 00 5205 - 6
1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than $4,000,000 general aggregate and $2,000,000 each occurrence, subject to a deductible of not more than $1,000 payable by Contractor.
2. Business Automobile Liability Insurance with limits not less than $2,000,000 each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than $1,000 payable by Contractor.
3. Workers’ Compensation Employers’ Liability limits not less than $1,000,000, per statute.. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against City of Foster City, its council members, officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.
4. Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed $10,000 for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the construction of the Work. The insurer shall waive all rights of subrogation against Owner.
5. Installation Floater covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than $10,000 payable by Contractor.
6. Pollution Liability Insurance, with limits of not less than Five Million dollars ($5,000,000) per occurrence and in the annual aggregate, covering losses involving hazardous material(s) and caused by pollution incidents or conditions that arise from the Project or under this Agreement or might be required by federal, state, regional, municipal and local laws, including coverage for bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death, property damage including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically damaged or destroyed, and defense costs.
7.Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Owner Indemnities as Additional Insureds. The requirements for coverage and limits shall be the greater of either the minimum coverage and limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
8.Insurance policies in this Appendix C shall contain an endorsement containing the following terms:
8.01Owner Indemnities shall be named as Additional Insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and Additional Insured. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Owner has received a waiver of subrogation endorsement from the insurer.
8.02The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
8.03Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to City of Foster City thirty (30) days in advance of the effective date thereof.
8.04Contractor insurance shall be primary insurance as to Owner and no other insurance or self-insured retention carried or held by any named or Additional Insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.
8.05Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 8.03 above. Contractor shall furnish the Owner with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Owner before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Owner reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9.All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M. Best Company rating of A-, VII or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.
10.The insurance coverage limits may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Owner and Additional Insureds, to the extent required by this Agreement, before the Owner’s insurance or self-insurance may be called upon to protect Owner as a named insured.
11.All self-insured retentions (SIR) must be disclosed to Owner for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Contractor/named insured or Owner.
12.Contractor agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this Agreement that is required of Contractor including, without limitation, the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Contractor shall agree to be bound to Contractor and Owner in the same manner and to the same extent as Contractor is bound to Owner under this Contract and its accompanying documents. Subcontractors shall further agree to include these same provisions with any lower tier subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Contractor shall require all subcontractors to provide a valid Certificate of Insurance and the required endorsements included in the subcontract agreement, and will provide proof of compliance to the Owner prior to commencement of any work by the subcontractor.
13. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (End of Appendix C)
Appendix D to Contract
CONSTRUCTION PERFORMANCE BOND
Appendix D - Construction Performance Bond
City of Foster City 00 5205 - 7
KNOW ALL PERSONS BY THESE PRESENTS:
1.THAT WHEREAS, City of Foster City (Owner) has awarded to [Name of Contractor)____________________________, as Principal, a Purchase Order Agreement, dated the ___________ day of ___________, 202__ (Agreement), titled THE FOSTER CITY
BOULEVARD MEDIAN MODIFICATIONS PROJECT in the amount of $______________, which Agreement is by this reference made a part hereof, for the work described as follows:
2.The modification of existing median to extend left turn and replacing existing pavement markings.
3.AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;
4.NOW, THEREFORE, we, the undersigned Principal and
_________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
5.THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.
6.No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.
7.Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:
7.01Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or
7.02Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.
8.Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.
9.No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.
10.Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.
11.Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands
this _________ day of ________________, 202__.
CONTRACTOR AS PRINCIPLE
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
SURETY
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
__________________________________________
City, State, Zip Code
(End of Appendix D)
Appendix E to Contract
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
Appendix E - Construction Labor and Material Payment Bond City of Foster City 00 5205 - 8
KNOW ALL PERSONS BY THESE PRESENTS:
12.THAT WHEREAS, City of Foster City (Owner) has awarded to (Name of Contractor) _________________, as Principal, a Construction Services Agreement, dated the ___________ day of ______________, 202__ (Agreement), titled THE FOSTER CITY BOULEVARD MEDIAN MODIFICATIONS PROJECT located at
__________________________ in the amount of
$_____________________________, which Agreement is by this reference made a part hereof, for the work described as follows:
2. The modification of existing median to extend left turn and replacing existing pavement markings.
13.AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
14.NOW, THEREFORE, we, the undersigned Principal and
______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
15.THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
16.This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
17.Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.
18.Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
19.Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 202__.
CONTRACTOR AS PRINCIPLE
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
SURETY
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
(End of Appendix E)
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00 5205 - 9
PART 1 - GENERAL
1.1 DEFINITIONS
Wherever in the specifications and other contract documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:
A. City/District: The City of Foster City/Estero Municipal Improvement District.
B. Council: The City Council of the City of Foster City.
C. Board of Directors: The Board of Directors of the Estero Municipal Improvement District.
D. Proposer: Any individual, partnership, joint venture, or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
E. Contractor: The individual, partnership, joint venture, or corporation with whom the contract is made by the City/District.
F. Engineer: The City/District Engineer acting directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. See Paragraph 1.08 regarding the authority of the Engineer.
G. Manager: The City Manager or District Manager of the City of Foster City/Estero Municipal Improvement District.
H. Days: Unless otherwise designated, days as used in the specifications will be understood to mean calendar days.
1.2 TRANSFER OF INTEREST
No interest in the contract shall be transferred to any other party without permission of the City.
1.3 WORKING HOURS
A. Work or activity of any kind shall be limited to the hours from 9:00AM to 3:00PM, Monday through Friday, except as otherwise stipulated in the contract documents. Work hours shall be limited to 9:00AM to 3:00PM on all Boulevards.
B. Work in excess of six hours per day, on Saturdays, on Sundays, or on City holidays requires prior consent of the Engineer and is subject to Cost of Overtime Construction Inspection.
C. City holidays are:
New Year’s Day
Martin Luther King's Birthday
Presidents’ Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day and following Friday
Christmas Eve
Christmas Day
New Year's Eve
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 10
1.4 SUBCONTRACTORS
A. When requested, the Contractor shall furnish the name and address of each subcontractor contracting directly with the Contractor, together with a statement showing the character and location of the work, time limit, if any, and if requested, the amount of money involved in each subcontract. Each subcontract shall contain a reference to the contract between the City and the principal Contractor, and the terms of the contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby.
Each subcontract shall provide for its annulment at the order of the Engineer, if, in the Engineer's opinion, the subcontractor fails to comply with the requirements of the principal contractor insofar as the same may be applicable to the Contractor's work.
B. Nothing contained in this Specification shall be construed as creating any contractual relationship between any subcontractor and the City. The sections of this Specification are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.
C. The Contractor shall be considered the employer of and as fully responsible to the City for the acts and omissions of subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor.
D. The Contractor shall be responsible for the coordination of the trades, subcontractors, and material personnel engaged upon the Contractor's work. It shall be the Contractor's duty to see that all of the subcontractors commence their work at the proper time and carry it on with due diligence so that they do not delay or injure either the work or materials; and that all damage caused by them or their workers is made good by them or by the Contractor at the Contractor's expense.
E. The City will not undertake to settle differences between the Contractor and their subcontractors or between subcontractors.
F. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City, on those parts of the work which are specified to be performed by specialty contractors.
1.5 CHANGES
A. General:
The City reserves the right to make such alterations, deviations, additions to or deletions from the drawings and specifications, including the right to increase or decrease the quantity of any item or portion of work or to omit any item or portion of the work, and to require such changes in the work as are determined by the essary or advisable for proper completion or construction of the work contemplated.
Work will be issued to the Contractor as a Work Order on an as-needed basis during the two year contract period. Each Work Order will identify the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Contractor’s Proposal Schedule. The Contractor shall complete any given work order within thirty (30) calendar days of commencement of work.
B. Increases or Decreases in Unit Price Quantities:
1. Increased or Decreased Quantities:
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 11
Increases or decreases in the quantity of a contract item of work will be determined by comparing the quantity of work as listed in the proposal schedule with the actual quantity of work performed by the Contractor, as measured by the Engineer. The City shall have the right to make changes in the plans and/or specifications and the Contractor shall perform the work as changed.
No adjustment to the unit price for any item in the Proposal Schedule shall be made in the event the number of repair locations are increased or decreased from the scheduled maintenance program. All work performed shall be measured and paid based on the contract unit price included in the proposal schedule.
2. Eliminated Items:
a. The City of Foster City reserves the right to eliminate any of the scheduled work. The unit price shall not be subject to change based on the deletion of work.
Should any contract item of the work be eliminated in its entirety, unless otherwise provided for in the contract, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.
b. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. Written documentation of costs of cancellation or return must be submitted.
c. The actual costs or charges to be paid by the City to the Contractor as provided in this section will be computed based on the unit prices listed in the Proposal Schedule.
C. Protest Procedure (Change Orders):
1. Should the Contractor disagree with any terms or conditions set forth in an approved change order which the Contractor has not executed, the Contractor shall submit a written protest to the Engineer within 15 calendar days after the receipt of such approved contract change order. The protest shall state the points of disagreement, contract references, quantities, and costs involved. The Engineer shall consider and investigate such protest within a reasonable time. If a written protest is not submitted, adjustment of the contract time and payment will be made as set forth in the approved contract change order and shall constitute full compensation for all work included therein or required thereby. An unprotested change order will be considered as an executed contract change order.
2. When the protest concerning an approved change order relates to compensation, the Contractor shall keep full and complete records of the costs of such work and Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 12
shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.
3. When the protest concerning an approved work order relates to the adjustment of contract time for the completion of the work, the time to be allowed will be determined as provided in Paragraph 1.15 of this section.
D. Extra Work:
Extra work will not be paid for unless ordered in writing by the Engineer. When authorized, extra work will be paid for in accordance with the Proposal Schedule or by a negotiated adjustment.
E. REPORTING, INVOICING, AND PAYMENT
1. All work shall be reported monthly upon Total Work Order Sheets furnished by the Engineer to the Contractor and signed by both parties, which monthly reports shall thereafter be considered the true record of work done.
2. Contractor shall submit a record of work completed with each payment request.
Record of work shall include detailed invoices. Those not so detailed will not be processed for payment until details are furnished.
3. Completed work shall be paid for on a monthly basis by Contract Change Order.
1.6 COST OF OVERTIME CONSTRUCTION INSPECTION
Overtime construction work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the 6-hour day and for any time worked on Saturday, Sunday, or holidays, the charges for City personnel will be as shown in the currently adopted rate schedule, available at the Public Works office. There will be no charges for the inspection of overtime work ordered by the Engineer.
1.7 CHANGES AT THE CONTRACTOR'S REQUEST
If the Contractor, on account of conditions developing during the progress of the work, finds it impracticable to comply strictly with this Specification and applies in writing for a modification of the requirements or of methods of work, such change may be authorized by the Engineer, if not detrimental to the work and if without additional cost to the City. The Contractor's written request for deviation shall be submitted prior to the start of affected work with enough time allowed to give the Engineer a reasonable review period. Only written authorization from the Engineer will permit deviations from the specifications.
1.8 AUTHORITY OF THE ENGINEER
A. On all questions concerning the acceptability of material or machinery, the classification of material, the execution of the work, and conflicting interests of contractors performing related work, the decision of the Engineer shall be final and binding upon both parties, except in the case of gross error.
B. The Engineer will make periodic observations of materials and completed work to observe their compliance with plans, specifications, and design and planning concepts, but the Contractor shall be responsible for the superintendence of construction processes, coordination of subcontractors or materials, site conditions, operations, Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 13
equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of the work.
C. Authority and Duties of Engineer's Field Representatives:
1. Field representatives of the Engineer may be stationed on the project site to report to the Engineer as to the progress of the work, the manner in which it is being performed, and to report whenever it appears that material furnished and work performed by the Contractor fail to fulfill the requirements of the contract documents. The representative may direct the attention of the Contractor to such failure or infringement but such construction review shall not relieve the Contractor from any obligation to furnish acceptable materials or to provide completed construction in a safe and satisfactory manner in every particular.
2. In case any dispute arises between the Engineer's field representative and the Contractor as to materials furnished or the satisfactory performance of the work, the representative shall have the authority to reject materials or recommend suspension of the work by the Engineer until the question and issue can be referred to and decided by the Engineer. Such authority, however, shall not give rise to any duty on the part of Engineer's field representative to exercise this right for the benefit of Contractor or any other party. Field representatives are not authorized to revoke, alter, enlarge, relax or release any requirements of the contract documents nor to issue instructions contrary to the contract documents.
Field representatives shall in no case act as foremen, superintendents, or perform other duties for the Contractor or interfere with the management of the work by the Contractor.
1.9 INSPECTION BY CITY, QUALITY ASSURANCE BY CONTRACTOR, TESTING A. All materials furnished and work done under this contract will be subject to inspection.
The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer.
Work or material that does not conform to the specifications may be rejected at any stage of the work notwithstanding previous inspections by the Engineer.
B. Quality control of the work to ensure compliance with the contract documents is the responsibility of the Contractor. Testing and inspection of the work, or the lack thereof, by the City does not relieve the Contractor of the responsibility to provide a quality assurance program to ensure compliance with the contract documents.
C. The Engineer may perform or have the Contractor perform tests of material and equipment to demonstrate compliance with the contract documents. If such tests were not required to be performed by the Contractor by the contract documents, the cost of testing will be paid for by the City when tests show that materials or equipment comply with the contract documents and shall be paid for by the Contractor when tests show that materials or equipment fail to comply with the contract documents.
1.10 DATA TO BE FURNISHED BY THE CONTRACTOR
The Contractor shall furnish the Engineer reasonable facilities for obtaining such information as the Engineer may desire respecting the character of the materials and the progress and manner of work, including information necessary to determine its costs, such as the number of personnel employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data.
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 14
1.11 SUPERINTENDENCE
A. The Contractor shall designate in writing before starting work one authorized representative who shall have the authority to represent and act for the Contractor.
B. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. The superintendent or foreman in charge shall be deemed to be the authorized representative of the Contractor and accepts such orders on behalf of the Contractor.
1.12 SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work a copy of all specifications, drawings, and change orders pertaining to the work and shall at all times give the Engineer access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of like effect as though shown or mentioned in both.
1.13 LINES, GRADES, AND MEASUREMENTS
All lines and grades shall be established by the Contractor. The cost of surveying to establish lines and grades shall be included in the various items of work and no separate payments will be made.
1.14 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the works to be constructed under this contract will be provided by the City.
B. The City will provide the appropriate rights of way and property for pipelines and structures. The Contractor will be held responsible for any damage to structures, streets, and roads, and for any damage that may result from the Contractor's use of City property.
C. In case areas in addition to those available on the City’s right of way or property are required by the Contractor for the Contractor's operations, the Contractor shall make arrangements with the property owners for the use of such additional areas at the Contractor's own expense.
1.15 DELAYS AND EXTENSION OF TIME
A. If any delay having a direct effect on the work is caused by factors within the Contractor's control, it is non-excusable and the Contractor will not be entitled to compensation for damages resulting directly or indirectly therefrom, or for any extension of time.
B. If any delay having a direct effect on the work is caused by unusually severe weather conditions, including periods exceeding the "Normal Rainfall Days", or by strikes, or act of God, such delay may be excusable and may entitle the Contractor to an equivalent extension of time, provided that the Contractor has taken reasonable precautions to foresee and prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 7 calendar days from the beginning of any such delay. In such event the Contractor shall be entitled to time only.
Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City.
1. No extension of time will be granted for normal rainfall. However, during the specified contract time, a day-for-day extension of time will be given for each day Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 15
the rainfall is in excess of 0.1 inch of rain when the total number of rainy days (0.1 inch or greater) exceed the normal based on monthly precipitation records for the previous 10-year period from the weather recording station at the San Francisco International Airport.
Normal number of rain days for which rainfall has exceeded 0.1 inches for the 10-year period from 2012 to 2021 is as follows:
Jan Feb Mar Apr May Jun July Aug Sept. Oct. Nov. Dec.
5 5 6 3 1 0 0 0 0 2 4 6
1.16 CLIMATIC CONDITIONS
The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions. In such event the Contractor shall be entitled to time only. Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City.
When delay is caused by an order to suspend work given on account of climatic conditions that could have been reasonably foreseen, the Contractor will not be entitled to any extension of time on account of such order.
1.17 ROADS AND FENCES
Roads subject to interference from the work covered by this contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the work is finished.
1.18 INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the work or included in the material or supplies agreed to be furnished under the contract, and should the Contractor, the Contractor's agents, servants, or employees, or any of them, be enjoined from furnishing or using any inventions, processes, equipment, articles, materials, supplies, or appliances supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have supplied, and to retain and use, any such inventions, processes, equipment, articles, materials, supplies, or appliances, as may by this contract be required to be supplied and used, the Contractor shall at the Contractor's expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such inventions, processes, equipment, articles, materials, supplies, or appliances without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover any amount thereof from the Contractor and the Contractor's surety, notwithstanding final payment under this contract may have been made.
1.19 PROTECTION OF PERSONS AND PROPERTY
A. Contractor's Responsibility:
Notwithstanding any other provision of these specifications, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 16
and property, during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed.
B. Public Safety:
During the performance of the work, the Contractor shall erect and maintain all necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstances in his judgment for the prevention of accidents; and the Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control.
C. Engineer's Responsibility:
1. The Engineer's review of the Contractor's construction performance is not intended to include review of the adequacy of the Contractor's safety or sanitary measures in, on, or near the construction site. The City assumes no responsibility for the inspection of safety precautions or for the enforcement of safety precautions required by law.
2. The Engineer may suspend operations if the Contractor determines that an imminent safety hazard exists.
1.20 CONTRACTOR'S FINANCIAL OBLIGATION
The Contractor shall promptly make payments to all persons supplying labor and materials in the execution of the contract.
1.21 PROTESTS - CONTRACT REQUIREMENTS
A. If work demanded of the Contractor is considered by the Contractor to be outside the requirements of the contract, or if the Contractor considers any record or ruling of the Engineer or any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the record or ruling. If the Contractor still wishes to protest, the Contractor shall, within fifteen (15) calendar days after receipt of same, file a written protest with the Engineer, stating clearly and in detail the Contractor's objections and reasons therefor.
Except for such grounds or protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protest or objections to the records, rulings, instructions, or decisions of the Engineer, and hereby agrees that as to all matters not included in such protests, the records, instructions, and decisions of the Engineer shall be final and conclusive.
B. No later than thirty (30) calendar days following the submission of a protest in accordance with subsection A, the Contractor shall submit to the Engineer his claim concerning the matter so noticed. The claim shall set forth clearly and in detail, for each item of additional compensation or time adjustment claimed, the reasons for the claim, references to applicable provisions of the specifications, the nature and amount of cost or time involved, or both, the computations used in determining such cost or time, or both, and all other pertinent factual data. The Contractor shall furnish such clarification and further available information and data as may be requested in writing by the Engineer within the time specified in such request. In addition, the Contractor shall maintain complete and accurate daily records of the cost of any portion of the work for which Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 17
additional compensation is claimed, and shall give the Engineer access thereto or certified copies thereof as requested.
C. Any decision, order, instructions, notice, or act or omission of the Engineer for which the Contractor has submitted a protest shall be final and conclusive on the Contractor if the Contractor fails to submit or document a claim with respect thereto in the manner and within the times above stated, and such failure shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature, provided that the Engineer may, if the Contractor shows good cause, and if the interests of the City will not be prejudiced, consider and decide a properly documented claim on its merits notwithstanding the Contractor's failure to submit it within the time above stated. The foregoing provision shall create no right to the Contractor, and failure or refusal of the Engineer to exercise the Engineer's authority thereunder shall not be subject to claim by the Contractor.
1.22 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss:
Except as otherwise provided in the contract documents and except as to the cost of repair or restoration of damage to the work caused by an act of God as that term is defined in Section 7105 of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to the Contractor on account of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed, or on account of the weather, or floods, or other causes.
B. Materials and Facilities:
1. The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of the Contractor's failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor.
a. The Contractor shall be responsible for any material furnished the Contractor and for the care of all work until its completion and final acceptance, and the Contractor shall at the Contractor's own expense replace damaged or lost material and repair damaged parts of the work. b. The Contractor shall protect the City facilities from damage resulting from the Contractor's work. City facilities damaged by or as a result of the Contractor's work under this contract shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.
c. The Contractor shall remove from the vicinity of the completed work all buildings, rubbish, unused material, concrete forms, and other materials belonging to the Contractor or used under the Contractor's direction during construction.
1.23 CONTRACTOR USE OF PREMISES
A. Confine operations at site to areas permitted by the contract documents.
B. Do not encumber site with excessive material or equipment.
C. Do not impose any load on any structure that will damage or endanger structure.
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 18
D. Take precautions necessary to prevent annoyance to occupants adjacent to or in the vicinity of the work.
1.24 COOPERATION WITH OTHER WORK FORCES
A. Other Contractors, other utilities and public agencies or their Contractors, other City Contractors, and City personnel may be working in the vicinity during the project construction period.
B. There may be some interference between these activities and the work under this Specification. The Contractor shall cooperate and coordinate their work with that of other work forces to assure timely contract completion.
C. Coordinate all activities in and around repair locations.
D. Any costs for providing cooperation with other work forces shall be considered as included in the proposal price for the various contract items of work and no separate payment will be made therefor.
1.25 PRECONSTRUCTION CONFERENCE
A. A preconstruction conference will be held at the time and place designated by the Engineer.
B. The Contractor shall be present or be represented by an agent with authority to act for the Contractor and in responsible charge of the work to be accomplished.
1.26 MATERIAL AND WORKMANSHIP
A. Omissions from the Plans and Specifications:
Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that the Contractor shall provide and install such materials as necessary for a complete and functional facility at no additional cost to the City. All work shall be done and workmanship completed consistent with the quality of work standard for the industry for commercial work, notwithstanding any omission from the specifications or the drawings. It shall be the duty of the Contractor to call attention to apparent errors and omissions and request instructions before proceeding with the work.
The Engineer may, by appropriate instructions, correct errors and omissions, which instructions shall be as binding upon the Contractor as though contained in the original specifications or drawings.
B. Compliance with Jurisdictional Agency Requirements:
All work performed under this Specification may be inspected as provided in Paragraph
1.09. All work performed within city or county streets or State of California freeway rights of way shall meet the requirements of the agency having jurisdiction. All materials furnished and all work done must be satisfactory to the Engineer. Work, material, or equipment not in accordance with the contract documents shall be made to conform thereto. Unsatisfactory material and equipment will be rejected, and if so ordered by the Engineer, shall, at the Contractor's expense, be immediately removed from the vicinity of the work.
1.27 SATURDAY, SUNDAY, AND HOLIDAY WORK
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 19
Without the written consent of the Engineer, no installation or construction work shall be done on Saturdays, Sundays, or holidays. Holidays are defined as City holidays which are listed in Document 00800, Paragraph 1.04.
1.28 COOPERATION
The City reserves the right to perform other work at or near the site at any time by the use of its own forces or other contractors. The Contractor shall coordinate their work and cooperate with City forces and other contractors to the end that any delay or hindrance to their work will be avoided.
1.29 AGREEMENTS WITH ADJACENT PROPERTY OWNERS
Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the work shall be made in writing and a copy submitted to the Engineer for their information.
1.30 EMERGENCY WORK
A. During Working Hours:
In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. The Contractor shall notify the Engineer of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantial documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as extra work.
B. Outside Working Hours:
Whenever in the opinion of the City there shall arise outside of the regular working hours on the contract work, an emergency involving utility services to the public or danger to public safety, the City’s forces may choose to handle such emergency work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from their payment as provided in the contract documents. The performance of emergency work by City forces will not relieve the Contractor of any of his responsibilities, obligations, or liabilities under the contract.
1.31 CONFLICT AMONG DRAWINGS, SPECIFICATIONS, AND/OR STANDARDS In case of conflict among contract documents, the document of highest precedence shall prevail.
The descending order of precedence shall be:
1. Permits and Agreements with Other Agencies
2. City Codes
3. Technical Specifications
4. Contract Requirements
5. Project Drawings
6. City Standards
a. Specifications
b. Drawings
7. Referenced Specifications and Standards
8. Referenced Drawings
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 20
1.32 FIRE PROTECTION
A. The Contractor shall provide access to all fire hydrants located along the line of their work. Such access shall meet the approval of the City Public Safety Department, and should it be necessary to close a portion of a street for a limited time, such street shall not be closed until the Contractor has the approval of said Department.
B. The City Public Safety Department shall be notified when a street is opened after it has been closed.
C. Approval shall be obtained from that Department for the use of any fire hydrant.
1.33 ORDER OF WORK
A. When required by specifications or plans, the Contractor shall follow the sequence of operations as set forth therein.
B. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
1.34 DIFFERING SITE CONDITIONS
A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the contract.
C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
1.35 PROCEDURES FOR FILING AND RESOLVING CLAIMS
Any claim arising under this contract which the Contractor wishes to assert against the City shall be governed by California Public Contract Code Section 9204. Claims which do not exceed three hundred seventy-five thousand dollars ($375,000) are also subject to the provisions of Article 1.5 of the California Public Contract Code (commencing with Section 20104).
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 21
Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows:
(1) (a) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(b) The claimant shall furnish reasonable documentation to support the claim, pursuant to Appendix B (General Conditions), Section 2.16. (c) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(d) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (a) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (b) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(c) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(d) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 22
Section 20104.4 to mediate after litigation has been commenced. (e) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
1.36 PROCEDURES FOR CIVIL ACTIONS FILED TO RESOLVE CLAIMS A. The following procedures are established for all civil actions filed to resolve claims subject to this article in accordance with the State of California, Public Contract Code, Section 20104.4.
1. Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 23
2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1142.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules and pertaining to judicial arbitration.
3. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (a) arbitrators shall, when possible, be experienced in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.
1.37 PERMITS AND LICENSES
A. The Contractor shall secure and pay for, as necessary for proper execution and completion of work:
1. All permits, including Caltrans encroachment permit and CAL/OSHA excavation permit, not specifically furnished by the City.
2. Government fees.
3. Licenses.
4. Certifications.
5. Business License from the City of Foster City.
6. Building, Plumbing, and Electrical Permits from the City of Foster City.
B. Give required notices as required by the permits prior to work.
C. Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.
E. Provide copies of all permits to the Engineer prior to work.
1.38 EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of the City that all qualified persons shall be afforded equal opportunities of employment on any public works contract entered into with the City. To prohibit discrimination because of race, color, religion, sex or national origin, all proposers shall be prepared to demonstrate that they and their subcontractors have undertaken a continuing program to promote the full realization of equal employment opportunities.
1.39 OWNER'S RIGHT TO CORRECT DEFICIENCIES
If the Contractor should neglect to prosecute the work properly in accordance with the contract documents, the owner, after 10 consecutive calendar days following written notice to the contractor and their surety may, without prejudice to any other remedy the owner may have, and without declaring the contract in default or terminating the contract, correct such deficiencies in work intended to become a permanent part of the project, and may deduct the cost thereof from the payment then or thereafter due the Contractor or the entire cost thereof shall be paid by the Contractor or the Contractor's surety. The owner reserves the right to take over work in the event of an emergency.
1.40 Signage and Closures
Appendix F to Contract
SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 24
Contractor shall be responsible for posting lane closure signs.
1.41 Schedule
Contractor shall complete the project in the allotted time period. Failure to do so will result in liquidated damages due to the lanes being utilized for left turns and freeway access. Contractors should not bid on the project if they do not have the availability to complete the work. Calendar days are anticipated to start on June 2, 2025.
* END OF DOCUMENT *
Appendix G to Contract
COVID-19 Amendment/Attachment
Appendix G - COVID-19 Amendment/Attachment
City of Foster City 00 5205 - 25
This COVID-19 Amendment/Attachment amends the Agreement between ____________________(“City”) and ____________________________ (“Contractor”) dated ___________________________.
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID- 19 not caused by the Contractor (which for purposes herein includes all subcontractors) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID- 19, and other circumstances concerning COVID-19 not caused by the Contractor and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Contractor acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Contractor’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Contractor shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19
Condition the Contractor did not know about, and reasonably should not have known about, as of the date the Contractor submitted its proposal.
The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Contractor will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Contractor’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subcontractors failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Contractor is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Contractor’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the Contractor must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Contractor shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
B. Contractor is responsible to ensure that its subcontractors and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Contractor is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non- compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Contractor may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Contractor is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Contractor incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Contractor for Unknown COVID-19 Costs which are not included in the schedule of values.
7. Safe Work Practices. Contractor shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subcontractors, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Contractor remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Contractor to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath.
Contractor shall immediately report to City any outbreaks of COVID-19 among its workers. The Contractor shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
IN WITNESS WHEREOF, the City and Contractor have executed this Covid-19 Amendment as of the date set forth above.
CONTRACTOR: CITY:
___________________________
Signature Signature
___________________________
Print Name & Title Print Name & Title
(End of Appendix G)
Appendix H to Contract
Technical Requirements
Appendix H - Technical Requirements
City of Foster City 00 5205 - 26
TECHNICAL REQUIREMENTS & SPECIFICATIONS
FOR
FOSTER CITY BOULEVARD MEDIAN MODIFICATIONS
CIP 301-635
AT
FOSTER CITY BOULEVARD BETWEEN CHESS DRIVE AND METRO CENTER BOULEVARD FOSTER CITY, CA 94404
CITY OF FOSTER CITY
PUBLIC WORKS DEPARTMENT
City of Foster City
Public Works Department
610 Foster City Boulevard
Foster City, California 94404
Appendix H to Contract
Technical Requirements
Appendix H - Measurements and Payment
City of Foster City 01025- 1
DOCUMENT 01025
MEASUREMENT AND PAYMENT
PART 1--GENERAL
1.01 DESCRIPTION
Payment will be made on a lump sum basis or unit price basis or combination thereof, as set forth in Document 00 4115, Schedule of Bid Prices.
1.02 SCHEDULE OF COSTS FOR LUMP-SUM PAYMENT
1.When estimated quantity for specific portion of Work is not indicated and/or Work is designated as lump sum, payment will be on a lump sum basis for Work satisfactorily completed in accordance with Contract Documents.
2.Payment for lump sum Work, or items of Work subject to a lump sum (e.g. without limitation, change order work), shall be made on the basis of satisfactory completion of such Work or work item, earned in progressive stages in accordance with the Contract Documents, up to but not exceeding the Contractor’s percentage completion of the Work or item.
1.03 MEASUREMENT OF QUANTITIES FOR UNIT PRICE PAYMENT
1.All work to be paid for at a contract price per unit of measurement will be measured by the ENGINEER in accordance with United States Standard Measures. Material paid for by weight shall be weighed on scales furnished by and at the expense of the Contractor. All scales shall be regularly inspected and sealed by the Division of Measurement Standards or its designated representative.
2.When required by the ENGINEER, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the ENGINEER at the point of delivery of the material.
1.04 (NOT USED)
1.05 PARTIAL PAYMENT FOR STORED MATERIALS
1.The Contractor shall receive no additional compensation for materials stored on site.
1.06 MEASUREMENT AND PAYMENT OF BID ITEMS
A.Item 13 Mobilization - The bid item for mobilization consists of preparatory work and operations including, but not limited to: those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings, and other operations which must be Appendix H to Contract
Technical Requirements
Appendix H - Measurements and Payment
City of Foster City 01025- 2
performed, including all construction facilities and temporary controls described in Section 01500; costs incurred prior to beginning work on the various contract items on the project site; and removal of all such items from the project site upon completion of the work. Bid amount for mobilization shall not exceed 5 percent of the bid schedule total base bid.
B.Descriptions of measurement and payment for all other bid items are identified within the associated technical specification for the work.
PART 2--(NOT USED)
PART 3--EXECUTION
3.01 PROGRESS PAYMENTS
A.Within 5 days after the cutoff date, the Contractor shall make and submit to the ENGINEER an approximate measurement of all materials supplied and work performed up to the established cutoff date for the purpose of making a progress payment. The progress payment cutoff date shall be the monthly anniversary of the date of the Notice to Proceed unless otherwise agreed upon with the City.
B.The Contractor will classify the work according to items listed on the bidding form and will estimate the value of the same on the basis of the prices shown, or as extra work. The classification of the work performed and the value thereof will be based on the Schedule of Costs for lump sum bid items. Payment for unit price bid items will be based on the actual amount of work performed as measured in the field. The Contractor’s estimate of work performed shall be subject to adjustment by the ENGINEER.
3.02 FINAL PAYMENT AND RETENTION
Upon Final Acceptance of the work, Owner shall execute and cause a Notice of Completion to be sent to Contractor and recorded with the San Mateo County Recorder.
Owner shall release Final Payment (including any withheld retentions) 35 days after the recording of the Notice of Completion or as soon as the Application for Final Payment is made, whichever is later.
* END OF DOCUMENT *
Appendix H to Contract
Technical Requirements
Appendix H - Construction Facilities and Temporary Controls City of Foster City 01500- 1
DOCUMENT 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1--GENERAL
1.01 DESCRIPTION
Work included: Provide temporary construction facilities, utilities and controls needed for the work.
PART 2--(NOT USED)
PART 3--EXECUTION
3.01 TEMPORARY UTILITIES
A. The Contractor shall provide and pay for all necessary temporary water, telephones, fuel, power, and sanitary accommodations.
B. The temporary facilities to be provided by the Contractor as described above shall conform to all requirements with regard to operation, safety, and fire hazards of state and local authorities and of underwriters.
C. Site and facilities shall be returned to their original “as-found” condition or as otherwise specified, at the completion of the project.
3.02 SOUND CONTROL
A. Comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract.
B. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.
No internal combustion engine shall be operated on the project without said muffler.
C. The maximum noise level shall be 85 dBA.
3.03 DUST AND LITTER CONTROL
A. Maintain dust control within the site and provide adequate measures to prevent a dust problem for neighbors.
B. All trucks shall be loaded in a manner which will prevent the dropping of materials or debris on streets. The loads shall be trimmed, and all material shall be removed from shelf areas of vehicles to prevent spillage. Take precautions when necessary to avoid creating dust and littering by watering the load after trimming.
Appendix H to Contract
Technical Requirements
Appendix H - Construction Facilities and Temporary Controls City of Foster City 01500- 2
C. Keep the job site in a neat and sanitary condition during the progress of the work.
Dispose of refuse as often as directed or as may be necessary so that at no time shall there be any unsightly accumulation of rubbish.
3.04 DRAINAGE
The Contractor shall be responsible for caring for the drainage on the entire work area and the disposal of such drainage from commencement of work until contract completion.
Special care shall be exercised to prevent erosion in disturbed earth areas and silt or eroded materials shall not be introduced into any storm drain system or water course.
3.05 CONSTRUCTION WATER
A. The Contractor shall provide and maintain all necessary equipment and facilities for conveying water to places where it will be used and for changing the pressure if required. The Contractor shall plan and perform the work in a manner, which will minimize the use of water.
B. The Contractor shall furnish, at his expense, all water required for the completion of the work. Water is available to the Contractor at the nearest hydrant provided the Contractor has made arrangements to obtain a temporary water meter from the City. The Contractor shall pay for all necessary rental and deposit fees required for temporary meter. The temporary hydrant meter application is attached at the end of this section.
3.06 SECURITY OF SITE
A. Security of the site shall be the Contractor’s responsibility from commencement of work until completion of contract.
B. The Contractor shall provide and maintain such fences, barricades, signs, and warning lights as may be required to provide safety against accidents.
3.07 RIGHTS IN LAND AND IMPROVEMENTS
A. Nothing in these specifications shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the contract for any purpose whatsoever.
B. The Contractor shall not occupy City -owned property outside the right of way as shown on the plans unless he enters into a rental agreement with the City.
3.08 FIELD OFFICE AND LAYDOWN AREAS
THE CONTRACTOR SHALL PROCURE ADDITIONAL SPACE FOR LAYDOWN OF MATERIALS, SPOILS AND EQUIPMENT AT THE CONTRACTOR’S OWN EXPENSE.
LOCATION OF SUCH ADDITIONAL SPACE SHALL BE SUBJECT TO APPROVAL OF THE CITY.
3.09 EXISTING UTILITIES LOCATION - U.S.A.
Appendix H to Contract
Technical Requirements
Appendix H - Construction Facilities and Temporary Controls City of Foster City 01500- 3
The City of Foster City subscribes to the Underground Service Alert (U.S.A.) network, which is a clearinghouse for notifying all local utility agencies to mark the locations of underground systems in construction areas. Prior to grading and excavation activities by the Contractor, they shall contact U.S.A. by calling 1-800-227-2600 with ample advance time to allow the utility companies to respond. Contacting U.S.A. does not relieve the Contractor from their responsibility to determine location and depth of buried utilities, to protect such utilities, or to repair buried utilities damaged by their operations. * END OF SECTION
Temporary Hydrant Meter Application
City of Foster City 01500- 4
FISCAL YEAR 2025 / 2026
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT
DISTRICT TEMPORARY HYDRANT METER APPLICATION
APPLICANT: _____________________________________DATE: _____________________ COMPANY: _________________________________________PHONE: _________________ ADDRESS: __________________________________________________________________ ____________________________________________________________________________ EMAIL
ADDRESS___________________________________________________________________ CONTRACTOR’S LICENSE NO.: ________________ CLASS: ________ EXP.: ____________ FOSTER CITY BUSINESS LICENSE NO.: __________________________ EXP.: ___________ JOBSITE:
___________________________________________________________________________ METER CONNECTION LOCATION: ______________________________________________
NOTE THAT THE METER MAY NOT BE RELOCATED WITHOUT WRITTEN PERMISSION FROM THE DISTRICT.
PURPOSE OF SERVICE:
____________________________________________________________________________ ____________________________________________________________________________ Customer must provide a reading at the end of each calendar quarter (March 31, June 30, Sept 30, and Dec 31) by emailing: the reading, company name and meter number to [email protected]. ____ (initial) Meter must be returned to the District Corporation Yard (100 Lincoln Center Drive in Foster City, 650/286- 8140) within seven (7) calendar days of the date permit expires. ____ (initial) Failure to do so may result in forfeiture of all deposits. Charges will be assessed per the current adopted Master Fee Schedule. ____ (initial)
Applicant’s Signature:
____________________________________________________________ ************************************************************************************************************* Temporary Hydrant Meter Application
City of Foster City 01500- 5
FOR CITY/DISTRICT USE ONLY
PERMIT EXPIRATION DATE (12 months from today)_______________ PERMIT FEE: Non-refundable $ 64.85 - WC
METER DEPOSIT: Balance refundable. Details on back. $ 1,557.00 - MD WATER DEPOSIT: Balance refundable. Details on back. $ 1,500.00 - WD TOTAL: (to be paid with application) $ 3,121.85
Application Approved: ___________________________ Date: _______________ (PWM Staff) Fee to SC S-23, Acct. 31-3470 Deposits to SC S-23, Acct. 31-2460 Monthly Charges to SC S-73, Acct. 31-3475 METER DEPOSIT REQUIRED: $1,557.00 Upon return of the hydrant meter in good condition, the contractor shall be entitled to refund of the following percentages of the meter deposit if returned within the following period from the issuance date of the meter:
1 month or less 90%
3 months or less 85%
6 months or less 80%
12 months or less 75%
Meter must be returned or renewed at the end of 12 months. Failure to do so will result in an additional reduction of deposit by 10% of the original amount per month or portion thereof. Should the meter be found to be defective or damaged upon testing, the cost of repairs (labor and material) shall be subtracted from the deposit. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ WATER DEPOSIT REQUIRED: $1,500.00 Meter charge according to Master Fee Schedule for Fiscal Year 22/23 @ $ 303.92 shall be deducted from the water deposit each month. In addition, the water usage charge is as stated per Master Fee Schedule per unit (100 cubic feet or 748 gallons) for Fiscal Year 22/23 @ $ 6.21 per unit and shall be deducted from the deposit at the time incurred or when the meter is returned.
Date out Initial
METER SIZE: 3” ________ ________ Meter Number: ___________________________________
Checked out by: ____________________________ Date Returned/Checked by:
__________________________
PRINT NAME
Charge as follows (if not returned)
Other Accessories
Meter Wrench ________ ________ $60 _____________ ____________ Reducer, 2-1/2”x3/4” ________ ________ $40 _____________ ____________ Reducer, 2-1/2”x1-1/2” ________ ________ $35 _____________ ____________ Fire Hose, 6’ x 2-1/2” ________ ________ $140 _____________ ____________ Received by ________________________________________
Signature/Date
Temporary Hydrant Meter Application
City of Foster City 01500- 6
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DATE
METER
READING
WATER
QUANTITY
COST OF
WATER USED
SERVICE
CHARGE
PER
MONTH
TOTAL
CHARGES
DEPOSIT
BALANCE
$_303.92
_______ __________ ___________ __________ ________ _________ $__________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ City of Foster City
Temporary Water Hydrant Rental Receipt
Date: ____________________________
Receipt No.: ____________
Received From: _____________________________________________________________________________________
THREE THOUSAND ONE HUNDRED TWENTY-ONE DOLLARS & EIGHTY-FIVE CENTS $3,121.85 Check No. ______________ BY; ______________________________________________ Send ORIGINAL to Finance; cc: Meter Binder, Applicant
**END OF SECTION**
Appendix H to Contract
Technical Requirements
Appendix H - Traffic Control
City of Foster City 01570- 1
DOCUMENT 01570
TRAFFIC CONTROL
PUBLIC CONVENIENCE AND PEDESTRIAN TRAFFIC CONTROL
Must comply with the traffic regulations requirements as specified in this section. Including but not limited to: Submit a traffic control plan which conforms to the State of California "Manual of Traffic Controls for Construction and Maintenance Work Zones” and the Work Area Traffic Control (WATCH) Handbook. It includes lane closures, detours, and parking prohibitions.
Contractor shall be responsible for providing all traffic control measures necessary to divert sidewalk users safely around work areas. This includes, but is not limited to, placing signage, barricades, cones, temporary walkways, etc.
The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project. Access for local traffic must be maintained. For work in street areas, at least fifteen calendar days prior to commencing work, the Contractor shall submit his schedule and traffic plan to the Engineer for approval.
WEEKEND USAGE
All significant phases of concrete work must be completed within the same (Monday to Friday) week as they are starting. Sections of Sidewalk, curb and gutter, and curb ramps must be completed and ready for use during the weekend. An exception may be the installation of the detectable warning surface mats for curb ramps, which can be installed when the concrete has cured sufficiently to accept the mat in accordance with the manufacturer’s specifications.
Provisions for alternative walkways would be required.
LANE CLOSURES AND DETOURS
No more than one-half (½) of the roadway shall be closed to traffic at any time, and traffic in both directions shall be maintained at all times. Open excavations and trenches shall be adequately covered when no work is being performed.
WORKING HOURS - MAJOR STREETS
All work within the right-of-way of freeway ramps and major streets including the adjoining intersections shall be limited to the hours of 9:00AM to 3:00PM. Major streets are listed as follows:
1. Foster City Boulevard 6. Beach Park Boulevard
2. East Hillsdale Boulevard 7. Metro Center Boulevard
3. East Third Avenue 8. Triton Drive
4. Edgewater Boulevard 9. Vintage Park Drive
5. Shell Boulevard 10. Chess Drive
NO PARKING SIGNS
No Parking signs shall be posted a minimum of 72 hours in advance of the parking restriction.
The date and time of parking restrictions shall be clearly posted on “No Parking” signs.
Appendix H to Contract
Technical Requirements
Appendix H - Traffic Control
City of Foster City 01570- 2
JOB CONDITIONS
The following general job conditions apply to the project:
1. Provide access to all residences whenever possible throughout the duration of the project. Notify property owners 24 hours in advance of work that will interrupt use of driveways or other frontage improvements.
2. Orange traffic cones and barricades as appropriate shall be used to mark traffic lanes whenever vehicles are restricted from using the normal traffic lanes on a street.
3. Street parking may be restricted as necessary to facilitate construction activity.
Notify property owners of parking restrictions 48 hours in advance.
4. Lighted arrow boards shall be used for all lane closures on boulevards and other locations when appropriate.
TRAFFIC CONTROL DEVICES
1. Traffic signs, flashing lights, lighted arrow boards, barricades and other traffic safety devices used to control traffic shall conform to the requirements of Section 12, "Construction Area Traffic Control Devices," and Section 7, "Legal Relations and Responsibility," of the Caltrans Standard Specifications. Flashers shall be provided on each barricade. (Section 360, California Vehicle Code, defines highway to include streets.)
2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs.
GENERAL
1. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.
2. Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.
3. When leaving the work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
* END OF DOCUMENT *
Appendix H to Contract
Technical Requirements
Appendix H - Demolition, Removal and Abandonments
City of Foster City 02100- 1
SECTION 02100
DEMOLITION, REMOVALS OR ABANDONMENTS
PART I – GENERAL
1.01 WORK INCLUDED
A. Demolition, removal, or abandonment of materials such as structures, asphalt concrete, concrete, curbs, walks, piping, poles, etc.
B. Dust alleviation and control.
C. Cleanup and disposal of demolished or removed materials.
1.02 QUALITY ASSURANCE
A. All demolition, removals and abandonments shall meet the requirements of the plans and specifications.
B. Use of explosives for demolition will not be permitted.
C. Backfill density testing shall be performed in accordance with Section 02200 “Earthwork”.
D. Contractor shall coordinate with the appropriate utility companies regarding proper demolition, removal or abandonment procedures required.
PART 2 – PRODUCTS
2.01 BACKFILL MATERIAL
Backfill material shall be as specified in Section 02200 “Earthwork”.
PART 3 – EXECUTION
3.01 LOCATION
The location of removals shall be as shown on the plans either by identifying specified items or by indicating an area within which demolition, removals and abandonments shall be accomplished.
Appendix H to Contract
Technical Requirements
Appendix H - Demolition, Removal and Abandonments
City of Foster City 02100- 2
3.02 SURFACE FACILITIES
A. Remove all obstructions including existing debris, asphalt concrete or concrete surfacing such as paving, curbs, gutters, etc. where so designated on the plans.
B. Removal of facilities on bridge deck or approach slab that expose underlying bridge deck or approach slab concrete shall include concrete refinishing to ensure a smooth and even finish on the structural concrete.
3.03 PAVEMENT REMOVALS
Where pavements are specified to be removed, the removal shall be to the original structural section subgrade.
3.04 DISPOSAL OF DEMOLISHED OR REMOVED MATERIALS
A. Removed pavements and other asphalt concrete and Portland cement concrete may be used as fill provided it is broken up to meet the size requirements for structural fill in Section 02200 “Earthwork” and is approved by the Geotechnical Engineer. The broken up, material shall be mixed with other native and/or imported fill subject to approval by the Geotechnical Engineer.
B. All other demolished or removed materials not acceptable for use as fill material shall become the property of the Contractor and shall be lawfully disposed of off the project site and out of the City of Foster City by the Contractor.
C. Holes resulting from the removal of underground obstructions extending below the proposed finish grade shall be cleared and backfilled with suitable material compacted to the requirements of Section 02200 “Earthwork.”
3.05 SALVAGE AND RE-USE EXISTING PAVERS
Pavers shall be carefully removed, protected while stored, and carefully transported for re-use so as to avoid damage. No damaged pavers shall be re-used and no additional compensation will be made to the Contractor for replacement of damaged pavers due to the mishandling of the Contractor.
3.06 MODIFY EXISTING IRRIGATION
A. Existing irrigation lines shall be capped at the project limits where there will be no landscaping to be irrigated. The Contractor shall notify the City when lines are to be capped so the City may make appropriate valve and system adjustments as needed.
B. Where landscaping remains and requires maintaining the existing impacted irrigation system, the Contractor shall relocate sprinkler heads and modify piping as needed to maintain a functioning irrigation system comparable to existing conditions.
Appendix H to Contract
Technical Requirements
Appendix H - Demolition, Removal and Abandonments
City of Foster City 02100- 3
3.07 RELOCATE EXISTING WATER VALVE AND HYDRANT
Existing water valves, hydrants, and other underground metal fittings shall be removed and relocated with care given to the existing corrosion protection measures. Cathodic protection and linings and coatings shall be modified as needed and repaired as needed as a result of the relocation. Repairs shall meet the requirements noted in Section 16640 “Cathodic Protection System” and Section 09800 “Special Coatings.” Part 4 - MEASUREMENT AND PAYMENT
4.01 REMOVAL OF EXISITING CONCRETE CURB
Shall be measured and paid for on a linear foot basis, which includes, but is not limited to furnishing of all labor, material, and services required for saw cutting, removal, and disposal of the existing concrete curb as shown on the plans and specified herein.
4.02 REMOVAL OF EXISTING MEDIAN PAVERS
Shall be measured and paid for on a square footage basis, which includes, but is not limited to furnishing of all labor, material, and services required for removal, cleaning, surfacing of bridge surface, and disposal or salvage of the existing median pavers as shown on the plans and specified herein. City Engineer will determine whether pavers are to be salvaged or disposed of.
4.03 REMOVAL OF PAVEMENT STRIPING
Shall be measured and paid for on a linear foot basis, which includes, but is not limited to furnishing of all labor, material and services required for the removal and disposal of pavement striping and markings as shown on the plans and specified herein.
4.04 REMOVAL OF PAVEMENT MARKINGS
Shall be measured and paid for on a square foot basis, which includes, but is not limited to furnishing of all labor, material and services required for the removal and disposal of pavement striping and markings as shown on the plans and specified herein.
4.05 EROSION CONTROL
Shall be measured and paid for on a lump sum basis, which includes, but is not limited to the furnishing of all labor, materials, services required for the planning, transportation, installation, maintenance, adjustments, and removal of the temporary erosion and sediment controls as shown on the plans and specified herein. * END OF SECTION *
Appendix H to Contract
Technical Requirements
Appendix H - Finish Subgrade Preparation and Treatment
City of Foster City 02230-1
SECTION 02230
FINISH SUBGRADE PREPARATION AND TREATMENT
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Finish grading and subgrade preparation immediately prior to lime treatment or placing aggregate base. See Section 02200 “Earthwork” for excavation, structural fill placement and initial grading.
B. Application, mixing and compaction for lime treatment of subgrade soils.
C. Dust alleviation and control.
D. Cleanup and disposal of excess material.
E. The work shall include the provision of all materials, equipment and any apparatus not specifically mentioned herein or noted on the plans, but which are necessary to complete the work specified.
1.02 QUALITY ASSURANCE
A. All work shall conform to the appropriate portions of the Geotechnical Investigation Reports, these Specifications, and Section 19 of the Caltrans Standard Specifications.
B. Finish surface of the prepared subgrade shall not vary from that called for on the plans or detail drawings.
C. Percentage of compaction specified shall be the minimum acceptable as shown on the plans. The percentage represents the ratio of the dry density of the compacted material to the maximum dry density of the material as determined by the procedure set forth in ASTM Designation D1557.
1.02 GRADE TOLERANCE
A. Grade tolerance shall be such that the finish subgrade shall not vary more than 0.08- foot above or below the design grade.
PART 2 - PRODUCTS AND MATERIALS
2.01 MATERIAL USED FOR FILL
A. Where embankment or fill material is required to restore the previously constructed subgrade to its proper elevation, the material shall conform to that specified in Section 02200 “Earthwork”.
PART 3 - EXECUTION
Appendix H to Contract
Technical Requirements
Appendix H - Finish Subgrade Preparation and Treatment
City of Foster City 02230-2
3.01 FINISH SUBGRADE PREPARATION
A. Upon completion of utility backfill the Contractor shall check all subgrade areas previously constructed under Section titled “Earthwork”. Areas not meeting the required finish grade shall be regraded, with fill material added and compacted as necessary, to restore proper subgrade elevations.
B. Contractor shall at all times maintain the project site in such condition as to readily drain, and to prevent standing water on the subgrade. Vehicular and equipment traffic shall be distributed across the prepared surface in such a manner as to prevent rutting by continual operation in one path. Contractor shall repair any damage to the prepared subgrade to meet the requirements of the plans and specifications.
C. Storage or stockpiling of heavy loads on the roadway subgrade will not be permitted.
Storage within the roadway right-of-way shall be only upon the approval of the City.
D.The Contractor shall be responsible for any failure of the soils which have been provided and placed or reworked and compacted and shall repair any damage to meet the requirements of the plans and specifications. Failures occurring in underlying native undisturbed soils or soils placed by others shall not be the responsibility of the Contractor.
E.Finished subgrade shall be subject to the approval of the City, and no subsequent material or improvement shall be placed thereon until approval for same has been obtained from the City.
3.02 PROOF ROLLING
A. After compaction, the subgrade shall be proof rolled to confirm that a non-yielding surface has been achieved. Yielding areas, if any, shall be mitigated. Mitigation could consist of over excavation, utilization of stabilization fabric, or chemical treatment.
Each case shall be addressed individually in the field by the Geotechnical Engineer. * END OF SECTION *
Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-1
SECTION 02600
PAVEMENTS AND ASPHALT OVERLAYS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnishing, spreading and compacting base material.
B. Furnishing, spreading and compacting asphalt concrete pavement.
C. Furnishing and placing Geogrid materials.
D. Grinding existing pavement at conforms and for overlaying.
E. Providing prime coat and tack coat.
F. Dust alleviation and control.
G. Cleanup and disposal of debris.
H. The work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are obviously necessary to complete the work specified.
1.02 WORK COVERED UNDER OTHER SECTIONS
For subgrade preparation see Section 02230 “Finish Subgrade Preparation and Treatment”.
1.03 QUALITY ASSURANCE
A. Codes and Standards
1. Aggregate base material shall conform to the applicable provisions of Section 26 of the Caltrans Standard Specifications and these specifications.
2. Asphalt concrete shall conform to the applicable provisions of Section 39 of the Caltrans Standard Specifications and these specifications.
B. Allowable Tolerances
1. Finish surface of the aggregate base courses shall not vary more than 0.05 feet from the grade established by the plans.
2. The cross section of the finished pavement shall be free of ridges and valleys and shall not vary more than 0.02 feet above or below the grade established by the plans.
3. Thickness of finished pavement section shall not be less than the planned thickness at any point in any layer.
Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-2
4. Percentage of compaction specified shall be the minimum acceptable. The percentage represents the ratio of the dry density of the compacted material to the maximum dry density of the material as determined by the procedure set forth in ASTM Designation D2041.
C. Certificate of Materials
1. Provide the City with one (1) copy of a material certificate signed by material producer certifying that each material item complies with or exceeds the specified requirements, daily, for each type of material delivered.
2. Provide the City with one (1) copy of certified plant load out slips for each load of material delivered showing net weight of aggregate base, or asphalt concrete delivered to the job site, to be attached to the appropriate material certificate.
3. Copies of test reports for materials shall be provided to the City.
D. Mix Design
Before producing asphalt concrete, the Contractor shall submit, in writing to the City, a mix design for review and approval in accordance with Section 39of the Caltrans Standard Specifications.
E. All equipment used shall be submitted for approval twenty-four (24) hours prior to work.
1.04 JOB CONDITIONS
A. Aggregate base material shall not be placed until the subgrade has been approved by the City.
B. Contractor shall provide dust alleviation and control measures satisfactory to the City continuously during the course of work in accordance with Section 01500 “Construction Facilities and Temporary Controls.”
C. Prime or tack coat materials shall not be applied unless the ambient temperature is above 50ºF and has not been below 35ºF during the twelve (12) hours immediately prior to application. Prime or tack coats shall not be applied when the surface to be coated is wet or contains an excess of moisture.
D. Dense graded asphalt concrete shall not be applied unless the ambient temperature is above 50ºF and the base course has been approved by the City.
E. Fog seal coat shall not be required on new asphalt concrete.
PART 2 - PRODUCTS
2.01 AGGREGATE BASE
Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-3
A. Aggregate base material shall be free from organic matter and other deleterious substance and shall conform to the material, grading and quality requirements shown under Section 26 of the Caltrans Standard Specifications for Class 2 aggregate base.
2.02 ASPHALT CONCRETE
A. Asphalt concrete shall conform to Section 39 of the Caltrans Standard Specifications.
B. Asphalt to be mixed with aggregate shall be steam-refined paving asphalt, grade AR- 4000, conforming to the requirements of Section 92of the Caltrans Standard Specifications.
C. Aggregate for asphalt concrete shall be Type A conforming to the requirements of Section 39-2.02 of the Caltrans Standard Specifications with the following special provisions:
1. Grading of combined aggregates for new asphalt concrete pavement, walkways, and overlays two (2) inches or more in thickness shall be 3/4-inch maximum size, medium grading.
2. Grading of combined aggregate for asphalt concrete pavement, walkways and overlays less than two (2) inches in thickness shall be 3/8-inch maximum size, medium grading.
D. Prime coat and paint binder (tack coat) shall conform to Section 39-2.01C(3)(b),
2.01C(f), 2.01C(3)(g) of the Caltrans Standard Specifications. Prime coat shall be liquid asphalt, grade MC-70, conforming to Section 92 of the Caltrans Standard Specifications. Paint binder shall be SS-1h asphalt emulsion conforming to Section 94-1.02B of the Caltrans Standard Specifications.
2.03 REINFORCING FABRIC FOR OVERLAYS
A. Reinforcing fabric for overlays shall conform to Section 96 of the Caltrans Standard Specifications.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Subgrade Preparation: See Section 02230 “Finish Subgrade Preparation and Treatment.”
B. Aggregate Base
1. Base material shall be placed, spread and compacted in conformance with the applicable requirements of Section 26-1.03(D) and 1.03(E) of the Caltrans Standard Specifications.
2. Aggregate base material shall be compacted to 95% relative compaction in accordance with ASTM D1557.
Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-4
3. Finished aggregate base material shall be the minimum depth shown on the plans and finished grade shall not vary more than 0.05 feet above or below the established grade.
C. Asphalt Concrete
1. Asphalt concrete shall be proportioned, mixed, placed, spread and compacted in conformance with the applicable requirements of Section 39of the Caltrans Standard Specifications with the following special provisions. a. In addition to the compaction requirements described in Section 39 of the Caltrans Standard Specifications, each layer of asphalt concrete (surface or base) shall be compacted to a density no less than 95 percent of that obtained in the laboratory according to ASTM Test Method D2041 (latest edition). b. Asphalt concrete for streets and parking areas shall be placed in layers. The top one and one-quarter (1-1/4) inch layer of all new roadways shall be the final wearing surface layer and shall not be placed until all utility installation work is complete and repairs or replacement of damaged or failed sections have been made. The City and Contractor shall mutually establish a point in time when the final wearing surface is applied. Placement of asphalt concrete prior to this final lift shall be in layers that shall not be less than one and one- half (1-1/2) inches nor more than three (3) inches in compacted thickness. c. Wearing surface course shall be placed by means of a self-propelled asphalt paving machine. Contractor shall place and compact all courses with equipment conforming to the requirements of Section 39-2.05A(3)(b) of the Caltrans Standard Specifications.
d. Where an asphalt concrete paved surface is to drain into an abutting Portland cement concrete gutter, the finish surface of the asphalt concrete wearing course shall be constructed to a height one-quarter (1/4) inch above the abutting edge of the gutter.
e. Existing manholes, lampholes, valve and monument covers, or other such structures in the line of the work shall be adjusted to grade with concrete collars or approved adjusting rings after completion of paving operations in accordance with Section 15of the Caltrans Standard Specifications. The concrete collar shall be circular and shall be covered with a minimum of two (2) inches of asphalt concrete to blend in with the adjacent surfacing.
Adjustment of covers shall begin within 7 calendar days after paving and be completed no later than 14 calendar days after the completion of the paving work. Liquidated Damages will begin to accrue per Section 00510 Paragraph
2.2 Liquidated Damages for work started later than that specified above.
2. Immediately prior to applying prime coat or tack coat (paint binder), the surface to be paved shall be cleaned of all loose material by means of powered brooms supplemented by hand brooms as required. Liquid asphalt prime coat shall then be applied to the aggregate base course in conformance with the requirements of Section 39-2.01B(10) of the Caltrans Standard Specifications. Prime coat shall be applied at the rate of 0.25 gallons per square yard unless otherwise allowed by the Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-5
City. After the liquid asphalt has penetrated the base course, any excess standing on the surface shall be absorbed with a suitable coating of clean sand.
3. Tack coat (paint binder) shall be applied to all vertical surfaces of existing pavement, curbs, gutters, catch basins, manhole frames, and construction joints in the surfacing; to the surface of all existing pavements to be resurfaced; and other surfaces designated by the City. Asphaltic paint binder shall be provided in sufficient quantity to produce a thin, uniform black, glossy coat of asphalt. Pools in unevenly distributed areas shall be redistributed by means of hand brooms.
Tack coat shall be applied in conformance with the applicable requirements of Section 39-2.01C(3)(f) of the Caltrans Standard Specifications.
3.02 PAVEMENT GRINDING
A. At conforms; existing pavement shall be ground down a minimum of 0.20’.
B. The Contractor is notified that the existing pavement fabric may be encountered in the areas to be ground.
A. For overlay, grind as necessary to allow a minimum overlay of three (3) inches to new elevations.
B. Where an asphalt concrete overlay is to be placed adjacent to existing pavement, concrete curbs, concrete gutters, or structures which are not to be raised, a key of asphalt concrete shall be removed using a mechanical grinding process. The dimensions of the removed wedge for longitudinal key cutting shall be 6’ wide and shall be at a depth of 0.2’ at the “conform” edge. Cutting equipment must be capable of removing the 6’ key in a single pass. The dimensions of the removed wedge for transverse key cutting shall be 20’ wide and shall be at a depth of 0.2’ at the “conform” edge. Removal by heater planning shall not be allowed. The Contractor shall protect all existing valve covers and other existing structures during the grinding operation.
E. The Contractor may use either a mechanical planer or a heater-planer which meets all the requirements of the Bay Area Pollution Control Board. Planer shall be a type that shall not burn or damage adjacent foliage. Contractor shall provide a Bay Area Air Quality Management District permit, authorization, or certification to the City prior to utilizing any heater - planer.
F. Contractor will be held responsible for any and all damage to trees, plants, and shrubs caused by the grinding operation and shall replace with new material or correct any damage.
G. The Contractor is notified that existing pavement fabric may be encountered in the areas to be ground.
H. The Contractor is notified that the existing yellow thermoplastic striping may contain lead. Contractor shall be responsible for the removal and legal disposal of the ground material necessitated by the work. Payment for this work shall be considered included in other items of work and no additional compensation shall be made.
I. Ground asphalt concrete shall be removed from the job site and lawfully disposed of off the project site immediately following the grinding operation.
Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-6
J. Ground areas shall be overlaid within one week of grinding.
K. Areas that receive gutter or conform or full width cuts shall be resurfaced within Ten (10) calendar days from the time that the planning cuts are completed.
3.03 PAVEMENT REINFORCING FABRIC FOR OVERLAYS
A. Reinforcing Fabric shall be installed in accordance with Section 39-2.01C(3)(g) of the Caltrans Standard Specifications.
B. Fabric which may have become damaged by paving equipment shall be repaired or replaced as recommended by the fabric manufacturer prior to proceeding with the paving operation.
C. Install fabric with bonded side up.
D. At each utility cover which would be covered with fabric, the fabric shall be neatly cut around the cover to allow the cover to be raised to finish grade.
3.04 PAVEMENT SAWCUT
A. Where indicated on the plans or in these specifications, portions of existing pavements to be removed shall be sawcut to full depth.
* END OF SECTION *
Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-1
SECTION 02800
STREET AND PARKING AREA SIGNING, MARKING & STRIPING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Cleaning and sweeping of streets before application of markings.
B. Application of traffic stripes and pavement markings.
C. Installation of traffic control signs.
D. Restoration of existing improvements.
E. Cleanup and removal of debris.
F. The work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are necessary to complete the work specified.
1.02 QUALITY ASSURANCE
A. Manufacturer’s certificates showing conformance with this specification shall be delivered to the City with each shipment of materials and equipment delivered to the job site.
B. Codes and Standards:
1. The standards, recommended methods and tests contained in the publications cited below shall determine the standards for the work to be done hereunder unless otherwise specifically designated on the plans. The Contractor shall keep a copy of each document on the job site for reference. a. The State of California Department of Transportation Maintenance Manual, July 2014 edition.
b. The State of California Manual on Uniform Traffic Control Devices, January 2014 edition, Revision 8 (January 11, 2024).
c. The regulations, standards, and tests of the State of California Materials and Research Division.
d. The State of California Department of Transportation’s Standard Plans and Standard Specifications, 2024 edition.
2. Pavement striping and markings shall be placed in the locations shown on the Plans and shall conform to the standards illustrated in the State of California Manual on Uniform Traffic Control Devices and Maintenance Manual.
Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-2
3. Reference by manufacturers, brands or models is to establish type and quality of materials desired. Substitution of materials of equal quality may be permitted upon the prior written approval of the City.
1.03 JOB CONDITIONS
A. No striping shall be applied until pavement surfaces have been approved for marking by the City.
B. Concrete shall be thoroughly cured before application of striping or marking thereon.
No striping or marking shall be applied until concrete surfaces have been approved for marking by the City.
1.04 REMOVAL OF TRAFFIC STRIPES, PAVEMENT MARKERS AND PAVEMENT
MARKINGS
A.Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, the residue, including dust and water, shall be removed immediately after contact with the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation.
B. Where grinding is used for the removal of thermoplastic traffic stripes and pavement markings, the residue shall be picked up by means of a vacuum attachment to the grinding machine and shall not be allowed to flow across the pavement or to be left on the surface of the pavement.
C. Where permanent markings are to be removed by blast cleaning or by grinding, the area removed shall be approximately rectangular so that no imprint of the removed marking remains on the pavement.
D. Nothing in these special provisions shall relieve the Contractor from the Contractor’s responsibilities as provided in Section 7-1.04, “Public Safety,” of the Caltrans Standard Specifications.
E. Contractor will be responsible for repairing any damage to the pavement during removal of pavement markers. Damage to the pavement resulting from removal of pavement markers shall be considered as any depression more than ¼ inch deep.
1.05 REMOVAL OF ROADSIDE SIGNS
A.Existing roadside signposts (panel and post) at locations shown on the plans to be removed shall be removed and salvaged. Salvaged sign posts shall be delivered to the City.
B. Existing roadside signs shall not be removed until replacement or temporary signs have been installed or until existing signs are no longer required for the direction of public traffic.
Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-3
1.06 RELOCATE ROADSIDE SIGN
A. Each roadside sign shall be installed at the new location on the same day said sign is removed from its original location.
PART 2 - PRODUCTS
2.01 TRAFFIC CONTROL SIGNS
A. Traffic control sign panels shall be of the type, shape, pattern designated and be of standard size unless noted on the detail drawings. Sign faces shall be of reflectorized porcelain enamel unless otherwise specified on the plans.
B. Posts for traffic control signs, unless designated to be mounted on traffic signal or electrolier standards, shall be a “Quick Punch” type sign post consisting of a 2-1/4” x 2-1/4” x 30” long galvanized base sleeve with a 2” square x 10’ long galvanized steel post. Acceptable suppliers are “Interstate Traffic Control”, (Burlingame, CA), “Unistrut” (San Leandro, CA) or approved equivalent.
2.02 ROADSIDE GUIDE SIGNS
A. Roadside signs shall conform to the appropriate provisions in Section 56-2 “Overhead Sign Structures” of the Caltrans Standard Specifications and these Technical Specifications.
2.03 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS A. Thermoplastic traffic stripes (traffic lines and parking stripes) and pavement markings (arrow and legends) shall conform to the provisions in Section 84-2, "Traffic Stripes and Pavement Markings," and 84-2.02B, "Thermoplastic," of the Caltrans Standard Specifications and these Technical Specifications.
B. State Specifications for thermoplastic material and glass beads may be obtained from the Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, (916) 739- 2400. The Contractor shall keep a copy of these Specifications at the job site for reference.
2.04 PAVEMENT MARKERS
A. Pavement markers shall conform to the provisions in Section 81-3, "Pavement Markers," of the Caltrans Standard Specifications and these Technical Specifications.
B. Reflective and non-reflective pavement markers shall be furnished and installed by the Contractor.
PART 3 – EXECUTION
3.01 TRAFFIC CONTROL SIGNS
Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-4
A. Traffic control signs shall be installed in conformance with the applicable requirements of the State of California Department of Transportation Maintenance Manual and the details shown on the Plans.
B. Mounting hardware for traffic control signs shall conform to the applicable requirements and specifications contained in the Caltrans Standard Plans.
C. Concrete bases for traffic control sign posts shall be Class "B" Portland cement concrete of the shape and dimensions shown or called for on the Caltrans Standard Plans and detail drawings and conforming to the requirements of Section 03300 of these specifications.
D. Installation of roadside signs of the types and sizes and at the locations shown on the plans shall comply with the provisions of Section 56of the Caltrans Standard Specifications and these Technical Specifications.
E. After erection, damage to traffic sign faces shall be touched up or replaced.
3.02 ROADSIDE GUIDE SIGNS
A. Roadside signs shall be installed in accordance with Sections 56of the Caltrans Standard Specifications and these Technical Specifications.
B. Roadside signs shall be installed in accordance with Caltrans Standard Plan RS3.
3.03 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKERS A. Thermoplastic material shall be applied only to dry pavement surfaces and only when the pavement surface temperature is above 50°F.
B. Temporary “Cat-Tracks” shall be placed for all striping (including limit lines and crosswalks) no later than Seven (7) calendar days after the completion of the slurry seal or paving work. Liquidated Damages will begin to accrue per Section 00510 Paragraph 2.2 Liquidated Damages for work started later than that specified above.
After the “cat-tracks” are installed, the City shall be notified, and given at least 48 hours to inspect the “cat-tracks” prior to the installation of permanent striping and markings.
C. Permanent striping shall be started no later than Fourteen (14) calendar days from the completion of slurry seal work or overlay work. Liquidated Damages will begin to accrue per Section 00510 Paragraph 2.2 Liquidated Damages for work started later than that specified above.
D. A primer of the type recommended by the manufacturer of the thermoplastic material shall be applied to all asphaltic surfaces and to all Portland cement concrete surfaces.
The primer shall be applied immediately in advance of, but not concurrent with, the application of thermoplastic material. The primer shall be applied at the application rate recommended by the manufacturer and shall not be thinned.
E. Pre-heaters with vertical mixers having 360° rotation shall be used to preheat granular form material.
Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-5
F. The thermoplastic material shall be applied by either spray or extrusion methods in a single uniform layer. The pavement surface to which thermoplastic material is applied shall be completely coated by the material and the voids of the pavement surface shall be filled.
G. Stencils shall be used when applying thermoplastic material for pavement markings.
Thermoplastic material for pavement markings shall be applied at a thickness of 0.100 to 0.150-inch. Glass beads shall be applied at a thickness of 0.100 to 0.150-inch.
Glass beads shall be applied immediately to the surface of the molten thermoplastic material at a rate of not less than 8 pounds per 100 square feet. The amount of glass bead applied shall be measured by stabbing the glass bead tank with a calibrated rod.
H. The portion of pavement surface which to thermoplastic is to be applied shall be free of dirt, grease, oil, moisture, loose or unsound layers, slurry seal material, paint and any other material which would adversely affect the bond of the thermoplastic material.
Cleaning shall be done by sandblast cleaning on all surfaces regardless of age or type.
I. All thermoplastic traffic striping and pavement markings shall be placed within 24 hours after the final asphalt rolling operation but only after the asphalt mat is cooler than 106º F.
J. All damage caused by the Contractor's operations, including damage to existing pavement markings and pavement markers by blast cleaning, shall be removed and replaced by the Contractor at the Contractor’s expense.
3.05 PAVEMENT MARKERS
A. The use of Rapid Set type epoxy adhesive shall be required to cement the markers to the pavement in Section 81-3.03C, “Epoxy Adhesive", of the Caltrans Standard Specifications.
B. All work necessary to establish satisfactory lines for markers shall be performed by the Contractor. No markers shall be installed until the surface has been approved by the City.
C. Advance spotting for the location of the pavement markers shall be performed by the Contractor. Installation of pavement markers shall not be commenced until the location and alignment of the advance spotting has been approved by the City Engineer.
3.06 RESTORATION OF EXISTING IMPROVEMENTS
A. Existing pavement, pavement markings or other improvements removed or damaged due to the installation of roadway markers or traffic control signs shall be replaced in kind at no additional cost to the Contract.
B. Existing landscaping or planting removed, damaged or disturbed due to the installation of roadway markers or traffic control signs may be repaired or replaced in kind.
3.07 FINISHING ROADWAY AND CLEANUP
Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-6
A. Finishing roadway and cleanup shall conform to the provisions in Section 22, "Finishing Roadway," of the Caltrans Standard Specifications.
B. Upon completion of the installation of Roadway Markings and Accessories, Contractor shall thoroughly clean the work site of all waste, rubbish and construction debris of any nature.
C. Any surplus materials remaining upon completion of the work shall become the property of the Contractor unless otherwise specified herein or noted on the plans, and shall be removed from the work site by the Contractor and lawfully disposed of off the project site and out of the City of Foster City.
PART 4 – MEASUREMENT AND PAYMENT
4.01 TRAFFIC CONTROL
A. Shall be measured and paid for on a lump sum basis, which includes, but is not limited to the furnishing of all labor, materials, services, and equipment for mobilizing and identifying the project to the public and for safely controlling pedestrian and vehicular traffic during construction. Bid item shall include executing this project safely and in accordance to all applicable regulations, specifications specified herein, and costs associated with obtaining and/or complying with the terms of any required permits.
4.02 REMOVAL OF PAVEMENT STRIPING
B. Shall be measured and paid for on a linear foot basis, which includes, but is not limited to furnishing of all labor, material and services required for the removal and disposal of pavement striping and markings as shown on the plans and specified herein.
4.03 REMOVAL OF PAVEMENT MARKINGS
C. Shall be measured and paid for on a square foot basis, which includes, but is not limited to furnishing of all labor, material and services required for the removal and disposal of pavement striping and markings as shown on the plans and specified herein.
4.04 NEW PAVEMENT STRIPING
D. Shall be measured and paid for by the linear foot, which includes, but is not limited to furnishing of all labor, material, and services required for the proper, complete, and safe installation of all pavement striping in conformance with Specification Section 02800, Caltrans Standard Plans, as shown on the plans and specified herein.
4.05 NEW PAVEMENT MARKINGS (WORDS/ARROWS)
E. Shall be measured and paid for by the square foot, which includes, but is not limited to furnishing of all labor, material, and services required for the proper, complete, and safe installation of all pavement markings in conformance with Specification Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-7
Section 02800, Caltrans Standard Plans, as shown on the plans and specified herein.
4.06 NEW PAVEMENT MARKING – 12” WHITE
F. Shall be measured and paid for by the linear foot, which includes, but is not limited to furnishing of all labor, material, and services required for the proper, complete, and safe installation of all 12” pavement striping in conformance with Specification Section 02800, Caltrans Standard Plans, as shown on the plans and specified herein.
4.07 TRAFFIC SIGN RELOCATION
G. Shall be measured and paid for on a per unit basis, which includes, but is not limited to the furnishing of all labor, material, and services required to properly and safely complete all work related to the removal and installation of existing signage with new posts per Specification Section 02800, Caltrans Standard Plans, as shown on the plans, and specified herein.
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Notice to Proceed 00 5500 – 1
City of Foster City
SECTION 03300
PORTLAND CEMENT CONCRETE
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Proportioning Portland Cement concrete.
B. Mixing, transporting and placing Portland Cement concrete.
C. Curing Portland Cement concrete.
D. Protecting Portland Cement concrete.
E. Forming Portland Cement concrete.
F. Reinforcing for Portland Cement concrete.
G. The work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are obviously necessary to complete the work specified.
1.02 QUALITY ASSURANCE
A. Concrete shall be subject to quality assurance in accordance with Section 90 of the Caltrans Standard Specifications.
1. Slump tests: Have available, at job site, equipment required to perform slump tests. Make one slump test for each cylinder sample, from the same concrete batch.
a. Allowable maximum slump shall be 3 inches for slabs on grade and other work.
B. Certifications:
1. Concrete Mix Design: Have all concrete mixes described by a testing laboratory and approved by the City. Mixes shall conform to applicable building code requirements, regardless of other minimum requirements listed herein or on the drawings. Submit mixes for review and approval before use. Show proportions and specific gravities of cement, fine and coarse aggregate, and water and gradation of combined aggregates.
2. Provide City at the time of delivery with certificates of compliance signed by both Contractor and Supplier containing the following statements:
a. Materials contained comply with the requirements of the Plans and Specifications in all respects.
Notice to Proceed 00 5500 – 1
City of Foster City
b. Proportioning and mixing is in compliance with the design mix and has been field tested in accordance with the requirements of the Caltrans Standard Specifications and produces the required compressive strength under like conditions.
c. Statement of type and amount of any admixtures.
3. Provide City at time of delivery with certified delivery ticket stating volume of concrete delivered and time of mixing, or time of load-out in case of transit mixers.
C. Work performed under this section shall conform to the applicable provisions of Section 40, 51, 73 and 90 of the Caltrans Standard Specification and these Technical Specifications.
1. Construction of Portland Cement Concrete roadway surface improvements (including curbs, gutters, medians, valley gutters) shall conform to the requirements of Section 73 of the Standard Specifications unless otherwise called for in these Specifications.
2. Construction of Portland Cement Concrete pavement shall be in accordance with Section 40 of the Caltrans Standard Specifications.
3. All other construction of Portland Cement Concrete items shall conform to the requirements of Section 51 of the Caltrans Standard Specifications unless otherwise called for in the plans.
1.04 JOB CONDITIONS
A. Any admixtures shall not be used except upon the prior written permission of the City and, if permitted, the concrete containing same will be subject to the same compliance testing as herein specified for the various classes of concrete.
B. Hand mixing of Portland Cement Concrete shall not be allowed except upon prior written approval of the City.
PART 2 - PRODUCTS
2.01 AGGREGATE FOR PORTLAND CEMENT CONCRETE
A. Aggregate for Portland Cement Concrete shall conform to the requirements of Section 90-1.02C(2) and C(3) of the Caltrans Standard Specifications.
B. Aggregate size and gradation for Portland Cement Concrete shall conform to the requirements set forth in the Technical Specification covering the intended use of the concrete. If not otherwise specified, aggregate size and gradation shall conform to the requirements of Section 90-1.02C(4) of the Caltrans Standard Specifications for one (1) inch maximum combined aggregates.
2.02 WATER FOR PORTLAND CEMENT CONCRETE
Notice to Proceed 00 5500 – 1
City of Foster City
A. Water for mixing and curing concrete and for washing aggregates shall conform to the requirements of Section 90-1.02D of the Caltrans Standard Specifications.
2.03 CEMENT FOR PORTLAND CEMENT CONCRETE
A. Cement for Portland Cement Concrete to be placed in roadway surface improvements such as curbs, gutters, walks, valley gutters, driveways and surface pads or slabs and concrete pavement shall be "Type II Modified" cement conforming to the requirements of Section 90 - 1.02B of the Caltrans Standard Specifications.
B. Cement for Portland Cement Concrete to be placed in subsurface improvements or structures shall be “Type II Modified" cement conforming to the requirements above.
2.04 ACCESSORY MATERIALS
A. Materials for expansion joint filler, water stops, and other items required in the placement of Portland Cement concrete shall conform to the applicable requirements of Section 51 of the Caltrans Standard Specifications and Section 40 for Portland Cement Concrete Pavement unless otherwise specifically noted or called for on the plans.
B. Curing compound for use on exposed surfaces of Portland Cement concrete shall be "Non-Pigmented Curing Compound,” ASTM C-309, Type 1 conforming to the require- ments contained in Section 90-1.03B of the Caltrans Standard Specifications.
2.05 CONCRETE REINFORCEMENT
A. The material requirements for steel reinforcement of Portland Cement concrete shall comply with the provisions of Section 52 "Reinforcement" of the Caltrans Standard Specifications and these specifications.
2.06 SLIP DOWELS
A. Slip dowels, where noted or called for on the plans, shall be smooth billet-steel bars conforming to the requirements of ASTM Designation A615 for Grade 60 bars. Ends of bars inserted in new work shall be covered with a cardboard tube sealed with cork; no grease or oil will be used. Size and length of bars shall be as specified on the plans.
2.07 CLASSIFICATION OF PORTLAND CEMENT CONCRETE
A. Unless specified otherwise on the drawings all Portland Cement Concrete shall be Class A, except as follows:
1. Sign foundations shall be Class B.
2. PCC concrete for plugging abandoned piping shall be Class C.
Concrete is subject to quality assurance in accordance with 1.03A above.
MIN. CEMENT MIN. COMPRESSIVE STRENGTH
CLASS CONTENT/CY AT AGE 28 DAYS
Notice to Proceed 00 5500 – 1
City of Foster City
Class "A" 564 pounds 3000 lbs/sq. inch
Class "B" 470 pounds 2500 lbs/sq. inch
Class "C" 376 pounds 2000 lbs/sq. inch
PART 3 - EXECUTION
3.01 FORMING
A. Portland Cement concrete shall be formed and placed in conformance with the provisions of the Caltrans Standard Specifications covering the intended use of the concrete.
1. Concrete for roadway surface improvements including curbs, gutters, sidewalks and driveway aprons shall have fixed forms in accordance with 1.03C through
1.03D, and Section 73-3 of the Caltrans Standard Specifications.
2. Construction of Portland Cement concrete pavement shall be constructed in accordance with Section 40 of the Caltrans Standard Specifications.
B. Any curb or curb and gutter, may be placed monolithically using an extrusion machine or slip-form paver provided the finish product meets all of the requirements in these specifications. All work shall conform to Section 73 of the Caltrans Standard Specifications.
3.02 JOINTS
A. Expansion joints and contraction joints shall be installed at locations shown on the plans.
B. Slip dowels shall be oriented at right angles to the expansion joint and shall be held firmly in place during the construction process by means of appropriate chairs.
C. If construction joints are used in curb, gutter, sidewalk or concrete pavement, #4 bars 12” long shall be installed at the same locations specified for slip dowels to provide load transfer across the joint.
3.03 CONNECTING TO EXISTING CONCRETE IMPROVEMENTS
A. Whenever new curb, gutter, or sidewalk is to connect to existing improvements to remain, sawcut to existing sound concrete at the nearest score line or expansion joint.
Drill and insert ½” diameter by 12” long dowels at 24” on center into existing improvements. Install pre-molded expansion joint filler at the matching joint.
3.04 FINISHING
A. Finishing of Minor Portland Cement concrete curbs, gutters and sidewalks shall conform to Section 73 of the Caltrans Standard Specifications.
Notice to Proceed 00 5500 – 1
City of Foster City
B. Finishing of Portland Cement Concrete pavement shall conform to the applicable requirements of Section 40 of the Caltrans Standard Specifications.
PART 4 – MEASUREMENT AND PAYMENT
4.01 INSTALL NEW MEDIAN CURB
A. Shall be measured and paid for by the linear foot, which include, but is not limited to furnishing of all labor, material and services required to properly construct the concrete curb matching the existing bridge median curbs in conformance as shown on the plans, and as specified in Section 03300.
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