San Marino City Council
May 11, 2022

CITY OF SAN MARINO

CITY COUNCIL AGENDA
Susan Jakubowski, Mayor www.cityofsanmarino.org
Steve Talt, Vice Mayor (626) 300-0700 Phone
Steven W. Huang, DDS, Council Member (626) 300-0709 Fax Gretchen Shepherd Romey, Council Member City Hall Council Chamber Ken Ude, Council Member 2200 Huntington Drive
Marcella Marlowe, Ph.D., City Manager San Marino, CA 91108

REGULAR MEETING OF THE

SAN MARINO CITY COUNCIL
WEDNESDAY, MAY 11, 2022 AT 6:00 P.M.

SAN MARINO CENTER
1800 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.

Regular meetings are held on the 2nd Wednesday of every month at 6:00 p.m. Typically, adjourned meetings are held on the last Friday of every month at 8:30 a.m.

In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 300-0705 prior to the meeting for assistance.

PURSUANT TO ASSEMBLY BILL 361 (AB 361)
Members of the City Council may teleconference into the meeting without noticing each teleconference location from which a member will be participating in a public meeting.

CORONAVIRUS DISEASE (COVID-19) ADVISORY
To protect both staff, our constituents, and elected officials, it is recommended that members of the public wear a mask indoors, per the State and County Health Department’s current Health Officer Orders. Given the seriousness of COVID-19, you are encouraged to provide input electronically if you do not feel comfortable attending in person.

How to view or listen to the meeting from home:
1) Via Computer for Video Streaming:

Website: https://us02web.zoom.us/j/89531199903
Meeting ID: 895 3119 9903
2) Via Phone for Audio Only:

Phone Number: (669) 900-9128
Meeting ID: 895 3119 9903
How to offer public comment from home:
1) Public comment will be accepted by email to [email protected] until 3:00 p.m. the day of the meeting, to be read by the City Clerk during public comment. Lengthy public comment may be summarized in the interest of time. Any comments received after 3:00 p.m. will be included in the public comment record but will not be read at the meeting.
2) Public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Zoom comments will be taken after the in-person comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE
ROLL CALL: Council Member Huang, Council Member Shepherd Romey, Council Member Ude, Vice Mayor Talt, and Mayor Jakubowski

POSTING OF AGENDA
The agenda is posted 72 hours prior to each meeting at the following locations: City Hall, 2200 Huntington Drive, the Crowell Public Library, 1890 Huntington Drive, and the Stoneman Building, 1560 Pasqualito Drive. The agenda is also posted on the City’s website:
http://www.cityofsanmarino.org.

PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda. Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.

CITY MANAGER’S REPORT
This is an opportunity for the City Manager to inform the City Council and the public of any upcoming events or matters of interest to the community.

MOTION TO WAIVE FURTHER READINGS
This action permits the City Council to act on ordinances and resolutions without having to read the entire text of the ordinance or resolution. The title of an ordinance on First Reading must be read in its entirety. An ordinance on Second Reading does not require having the title read.

However, the City Council may request that an ordinance or resolution be read in its entirety before taking any action.

PRESENTATION

1. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF MAY BEING

ASIAN AMERICAN PACIFIC ISLANDER HERITAGE MONTH

2. INTRODUCTION OF THE DIVERSITY, EQUITY, AND INCLUSION TASK

FORCE MEMBERS

3. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF MAY BEING

HISTORIC PRESERVATION MONTH

4. UPDATES ON WATER RESTRICTIONS

NEW BUSINESS

5. APPROVAL OF THE SPRING 2022 PUBLIC TREE REMOVAL LIST Recommendation: Staff recommends that the City Council approve the Spring 2022 recommended tree removal list and authorize the Director of Parks and Public Works to move forward to properly remove the trees on the list.

6. AWARD OF A CONSTRUCTION AGREEMENT FOR STREET
REHABILITATION PROGRAM PROJECT NO. 21-9271 IN THE AMOUNT OF $3,532,222 TO ALL AMERICAN ASPHALT, INCLUDING APPROVAL OF A 5% CONTRACT CONTINGENCY; AWARD OF A PROFESSIONAL SERVICES

AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES FOR THE
STREET REHABILITATION PROGRAM PROJECT NO. 21-9271 IN THE AMOUNT OF $79,934 TO Z&K CONSULTANTS
Recommendation: Staff recommends that the City Council (1) approve the plans and specifications for the Street Rehabilitation Program Project No. 21-9271; (2) find that the Street Rehabilitation Program Project No. 21-9271 is categorically exempt under Sections 15301(c) and 15302 of the California Environmental Quality Act and direct the Director of Community Development to file the notice of exemption with the state and County of Los Angeles; (3) award a construction agreement to All American Asphalt for the Street Rehabilitation Program Project No. 21-9271 in a total amount not-to-exceed $3,532,222; (4)

award a professional services agreement in the amount of $79,934 to Z&K Consultants for professional construction inspection services; and (5) authorize the Parks and Public Works Director to approve contract change orders and other contingencies in a cumulative amount not-to-exceed $353,222.

7. APPROVAL OF ORDINANCE NO. O-22-1390 (FIRST READING)
IMPLEMENTING ASSEMBLY BILL 481 AND APPROVING A POLICY FOR THE

USE OF MILITARY EQUIPMENT BY THE SAN MARINO POLICE

DEPARTMENT
Recommendation: Staff recommends that the City Council waive full reading and introduce for first reading by title only, Ordinance No. O-22-1390 an Ordinance of the City Council of the City of San Marino, Implementing AB 481 and Approving a Policy for the Use of Military Equipment by the SMPD.

8. APPROVAL OF ORDINANCE NO. O-22-1392 (FIRST READING) AMENDING

THE CITY CODE TO MAKE UPDATES TO THE RECREATION COMMISSION Recommendation: Staff recommends that the City Council waive full reading and introduce for first reading by title only, Ordinance No. O-22-1392 an Ordinance of the City Council of the City of San Marino Amending the City Code Making Updates to the Recreation Commission.

9. APPROVAL OF ORDINANCE NO. O-22-1391 (FIRST READING) AMENDING

THE CITY CODE TO UPDATE THE ORDER OF SUCCESSION FOR THE

DIRECTOR OF EMERGENCY SERVICES
Recommendation: Staff recommends that the City Council waive full reading and introduce for first reading by title only, Ordinance No. O-22-1391 an Ordinance of the City Council of the City of San Marino Amending the City Code to Update the Order of Succession for the Director of Emergency Services.

CONSENT CALENDAR

10.RECEIVE AND FILE THE MONTHLY DISBURSEMENTS REPORT FOR APRIL 2022
Recommendation: Staff recommends that the City Council receive and file the Monthly Disbursements Report for the month of April 2022.

11.RECEIVE AND FILE CASH AND INVESTMENT REPORT FOR MARCH 2022 Recommendation: Staff recommends that the City Council receive and file the Cash and Investment Report for the month of March 2022.

12.APPROVAL OF MINUTES
Recommendation: Staff recommends that the City Council approve the special meeting of April 13, 2022, the regular meeting of April 13, 2022, the special meeting of April 22, 2022, and the adjourned regular meeting of April 29, 2022.

13.ADOPTION OF RESOLUTION NO. R-22-21 TO CONTINUE HYBRID PUBLIC MEETINGS PURSUANT TO AB 361
Recommendation: Staff recommends that the City Council adopt Resolution No. R-22-21 reauthorizing the City Council and the City’s Boards and Commissions to continue teleconference accessibility for conducting public meetings pursuant to AB 361.

14.UPDATE ON CITY RESPONSE TO THE COVID-19 PANDEMIC
Recommendation: Staff recommends that the City Council receive and file the May 11, 2022 report on the City’s response to the COVID-19 Pandemic.

15.AWARD OF A MULTI-YEAR CONSTRUCTION AGREEMENT WITH CJ CONCRETE CONSTRUCTION, INC. FOR THE MULTI-YEAR SIDEWALK REPLACEMENT PROGRAM WITH THE FY 2022-23 (YEAR 1) CONTRACT AMOUNT OF $418,300, INCLUDING APPROVAL OF A 5% CONTRACT

CONTINGENCY AND A TOTAL ESTIMATED CONTRACT VALUE OF
$3,405,805
Recommendation: Staff recommends that the City Council award the multi-year sidewalk replacement program agreement to CJ Concrete Construction Inc with the fiscal year 2022- 23 (Year 1) contract amount of $418,300 with a 5 percent construction contingency, contingent on the adoption of the FY 2022-23 budget, and with subsequent contract fiscal years contingent on an appropriation by the City Council, with the City Manager being authorized to execute the agreement on behalf of the City, as well as two one-year contract extensions subject to City Council appropriation and satisfactory performance.

16.APPROVAL OF PROFESSIONAL MAINTENANCE SERVICES AGREEMENT WITH DYNAMIC BUILDING MAINTENANCE THROUGH APRIL 30, 2023 Recommendation: Staff recommends that the City Council approve the professional maintenance service agreement with Dynamic Building Maintenance through April 30, 2023, for their professional janitorial services in City facilities, and authorize the City Manager to execute the agreement on behalf of the City.

17. APPROVAL OF RESOLUTION NO. R-22-19, ADOPTING A LIST OF STREET PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Recommendation: Staff recommends that the City Council approve Resolution No. R-22-19 adopting a list of Fiscal Year 2022-23 projects to be funded by SB 1 Road Maintenance and Rehabilitation Account Funds.

18. APPROVAL OF A REQUEST FOR THE WAIVING OF SPECIAL EVENT PERMIT FEES FOR 4TH OF JULY COMMUNITY PARTNER EVENTS
Recommendation: Staff recommends that the City Council waive the Special Event Permit fees associated with the 4th of July Pavilion, 4th of July Parade, and the JP Blecksmith Run.

19. APPROVAL OF RESOLUTION TO ESTABLISH FISCAL YEAR 2022-23 PUBLIC

SAFETY SPECIAL TAX LEVY
Recommendation: Staff recommends that the City Council approve Resolution No. R-22-15 establishing the Public Safety Special Tax Levy for Fiscal Year 2022-23.

WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTED
This is an opportunity to announce any written communications pertaining to the City received by members of the City Council. All public writings distributed by the City of San Marino to at least a majority of the City Council regarding any item on this agenda will be made available at the Public Counter at City Hall located at 2200 Huntington Drive, San Marino, California 91108, and will also be included in the public agenda packet that will available for review at the City Council meeting.

PUBLIC COMMENTS

FUTURE AGENDA ITEMS

ADJOURNMENT
Dated: May 6, 2022 CHRISTINA BAKER
Posted: May 6, 2022 CITY CLERK

City Manager’s Report and
Operational Dashboard
April 2022 Recap

0 0 0 0 0 0
0 0
1 0 0 0
0 0 0
1 0 0
1 Jul Aug Sept Oct Nov Dec Jan Feb0 Mar 0 Apr 0 May Jun Emergency Medical Services - Return of Spontaneous
Circulation
FY 20-21 FY 21-22
1 0 0
2 3
2 1
1 2
1 1
0 0 0
2 1
0 1
2 0 1
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr 0 May Jun
Emergency Medical Services - Cardiac Arrests
FY 20-21 FY 21-22
56 62
55 54
56 101
55 58 53 47
55 81
74 60
66 75
55 89 86
75 67 64
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Out-of-City Incidents
FY 20-21 FY 21-22
87 77
72 84
95 97
66 63 68 60
89 82
79 79
72 80 85
119
94 69 75
87 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
In-City Incidents
FY 20-21 FY 21-22
FIRE
FY Total:

YTD: 940
839
FY Total:
733
YTD:
711
FY Total:
14 YTD:
7 YTD:
2 FY Total:
1

0:06:00
0:06:37 0:06:33
0:05:34 0:05:47 0:05:47 0:06:22
0:05:44
0:06:25 0:05:51
0:05:44 0:06:46 0:06:05
0:05:38 0:05:41 0:05:37 0:05:56 0:06:05 0:06:19
0:06:38 0:06:40 0:06:14
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: Overall Response
FY 20-21 FY 21-22
0:01:56
0:01:42 0:01:47
0:01:56
0:01:47 0:01:50
0:01:48
0:01:420:01:33
0:01:14 0:01:19 0:01:22
0:01:05 0:01:05
0:00:54
0:01:16 0:01:11
0:01:02
0:00:53
0:01:15
0:00:55
0:01:18
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Perentile Response Time: Fire Turnout
FY 20-21 FY 21-22
0:01:18
0:01:33
0:01:10
0:01:32 0:01:34 0:01:29
0:01:32 0:01:38
0:01:10
0:01:11
0:01:19
0:01:28
0:00:52 0:00:48
0:01:02
0:00:52 0:00:57
0:01:15
0:01:08
0:01:18
0:01:12
0:01:10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: EMS Turnout
FY 20-21 FY 21-22
FIRE
FY Avg:

YTD Avg: 0:01:25
0:01:25
FY Avg:

YTD Avg: 0:01:40
0:01:05
FY Avg:
0:06:02 YTD Avg:
0:06:09

1 0 0
1 1 1
2 0
3 3
1 3
0 3
1 1
0 0 0
0 2 2
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Community Engagement Events
FY 20-21 FY 21-22
18 22
11 20
13 23
19 20
17 22
14 15
12 18
28 16
19 18
16 11
8 20
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part 1 Crimes*
FY 20-21 FY 21-22
POLICE
*Part 1 Crimes include homicide, rape, robbery, aggravated assault, burglary, larceny, auto theft, and arson
April 2022 FY to Date
Speed (1) Speed (40)
Unsafe lane change (4) Unsafe lane change (31)
Failure to yield (1) Failure to yield (12)
Failure to obey a sign (2) Failure to stop at red (9)
Top Causes of Collisions
FY Total:

YTD: 214
166
FY Total:
16 YTD:
9

9 7
8 11
7 6
13 3
4 1
2 4
5 6 1
2 5 5
2 2
4 3
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Businesses
FY 20-21 FY 21-22
11 20
15 8
9 8 7 9 9
6 4
9 13
7 12
10 3 2
6 3 2 3
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Tree Removal Permits Issued
FY 20-21 FY 21-22
74 53
74 63
52 66
54 45
50 70
62 91 93 88 91
77 52
70 76
82 74
67 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Building Permits Issued
FY 20-21 FY 21-22

COMMUNITY DEVELOPMENT
FY Total:
115
YTD:
770
FY Total:
754
YTD:
61 FY Total:
75 YTD:
35

84 45
68 101
37 75
85 86
110 117
103 101
71 75
78 88
68 41 38
69 49
67 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Open Code Enforcement Cases
FY 20-21 FY 21-22
0 1 2 1 1
2 4
0 4
7 1
3 2
5 4 4
1 3
4 3
5 5
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Applications Submitted
FY 20-21 FY 21-22
1 3
1 2
1 2
1 2
0 1
0 2
4 1 1
2 3
2 3
1 4
1 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Permits Issued
FY 20-21 FY 21-22

COMMUNITY DEVELOPMENT
FY Total:
26 YTD:
22 FY Total:
16 YTD:
36 FY Avg:
84 YTD Avg:
64

1292 1198 1144
1020 1048
1198 1,159 911 986
921
933 977
1,053 1,000 958 927 928 928 1,030
870 830
1130
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Circulation: Digital Catalog
FY 20-21 FY 21-22
2662 2884 2907 2417 2555 2,540
2,398
5,152 4,687 3,708 3,366
10,857
13,667 13,913 13,582 14,406 12,954 12,826
14,677 13387
15691 14826
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Circulation: In Person*
FY 20-21 FY 21-22
3523
424 257
839 249
878
177
715 736 1144 585 867
8,048
1,606
785
3,856
644
412
509
533 1045 4483
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Total Participants
FY 20-21 FY 21-22
32 22
27 37
16 11 13
22 24
49 13
52 40
20 58
27 28
17 29
17 36
40 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Programs Offered
FY 20-21 FY 21-22

COMMUNITY SERVICES
*In FY 20-21, in-person circulation was via curbside pickup until June 2021, when the Library reopened to visitors and curbside pickup was discontinued.

FY Total:
10,392
YTD:
139,929
FY Total:
12,787
YTD:
9,654
YTD:
312
FY Total:
318
YTD:
21,921
FY Total:
46,133

$365,175
$951,994 $789,690 $893,919
$882,114
$8,461,707
$3,880,786
$1,696,518
$885,829
$6,891,515
$4,084,349
$1,004,739
$343,813
$959,400
$792,531
$830,473
$1,180,975
$8,837,915
$3,990,941
$2,229,889
$891,233
$389,496 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Revenues
FY 20-21 FY 21-22
$4,332,822
$3,755,102 $2,283,740
$1,839,562
$1,695,205
$2,351,836
$2,673,465
$1,610,426
$2,608,028
$2,082,134
$1,575,099
$3,002,962
$5,277,926
$3,974,682
$2,004,400
$2,323,748
$1,662,169
$2,224,713
$1,711,798
$1,958,069
$1,716,241
$2,341,219
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Expenses
FY 20-21 FY 21-22

FINANCE
Note: April numbers are preliminary until books are officially closed next month.

FY Total:
$30.8m
YTD:
$20.4m
YTD:
$25.1m
FY Total:
$29.8m

$4,625
$33,890
$16,790
$8,459
$6,250
$16,045
$15,065 $11,332
$10,351 $12,451 $12,684 $14,090
$3,346 $4,570
$9,848
$32,477
$8,057
$107,977
$21,356
$22,680
$31,062
$22,062
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
COVID-19 Expenses
FY 20-21 FY 21-22
$69,365
$126,629
$203,120
$115,268
$150,764
$128,802
$151,846
$130,797
$119,911
$195,128
$108,281
$335,197
$95,726
$173,033
$144,289
$191,509
$147,045
$112,783
$131,142 $118,226
$127,680
$175,900
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overtime Expenses
FY 20-21 FY 21-22

FINANCE
Note: April numbers are preliminary until books are officially closed next month.

FY Total:
$162,032
YTD:
$263,435
YTD:
$1,417,333
FY Total:
$1,835,107

$12,068,456
$10,994,876
$9,305,633
$8,270,093
$7,369,762
$13,353,326
$14,920,377
$11,953,469
$10,850,773
$15,412,645
$17,766,025
$15,363,870
$12,141,237
$11,098,528
$9,977,397
$8,266,637
$7,630,634
$14,185,998
$16,320,709
$16,819,605 $15,954,102
$14,192,180
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
General Fund Balance
FY 20-21 FY 21-22
$34,177,850
$31,078,571
$29,819,586
$28,384,905 $27,751,395
$33,701,344
$34,982,443
$35,039,933
$33,784,836
$38,194,608
$40,886,859
$39,918,291
$36,168,260
$35,388,265
$32,098,787
$30,384,198
$29,992,080
$36,414,654
$38,873,966
$39,427,777
$37,844,008
$42,640,801
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overall Cash Balance (In Bank)
FY 20-21 FY 21-22

FINANCE
Note: March numbers are preliminary until books are officially closed next month.

65% 65% 65% 65% 65% 65%
69%
65% 65%
58% 59%
51%
58%
52% 48%
59% 59%
50% 50% 47% 50% 53%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Performance Appraisal Completion Rate
FY 20-21 FY 21-22

8.7%

7.8% 7.8%

10.0%

7.8% 7.3%

10.7% 10.7% 10.0%

6.7%

4.8% 4.8%

2.9%

7.7%

3.8%

7.7%

9.0% 8.8%

9.0% 9.0% 8.8%

9.0%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Position Vacancy Rate
FY 20-21 FY 21-22
44 44 45 45 46 47 45 45 45 46 52
45 70 64 61 57 56 53 51 52 51
47 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part-Time Employees
FY 20-21 FY 21-22
94 95 95
93 95
97 92
93 94
97 99 99
101
96 100
96 94
92 94
93 92 93
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Employees
(104 budgeted)
FY 20-21 FY 21-22
44 44 45 45 46 47 45 45 45 46 52
45 70 64 61 57 56 53 51 52 51
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part-Time Employees
FY 20-21 FY 21-22

HUMAN RESOURCES
FY Avg:
95 YTD Avg:
95 FY Avg:
46 YTD Avg:
56 FY Avg:

8.1%
YTD Avg:

7.5%
FY Avg:
63%
YTD Avg:
53%

22 21 22 22 19

10.3 10
14 25 10 10 10 10
2 8 8
48 21
51 35
43 30
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Cumulative Workers' Comp Days Off
FY 20-21 FY 21-22
0 1
0 1 1
3 4
2 1 0 0 0 0
5 1 2
9 1
12 5
0 1
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (New)
FY 20-21 FY 21-22
35 35 35 36
35 33
41 40
37 36 36 37 37 40 40 38
45 44
48 47
41 43
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (Total Open)
FY 20-21 FY 21-22

HUMAN RESOURCES
FY Avg:
36 YTD Avg:
42 FY Total:
12 YTD:
37 FY Total:
180.3
YTD:
271
Note: Numbers for the Cumulate Workers’
Comp Days Off for FY 21-22 have been
corrected based on a correction to the
calculation.

35 23 24
37 72 70
57 45
25 35
57 67
55 57
89 82
71 39
55 58
68 61
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Maintenance Service Requests Opened
FY 20-21 FY 21-22
89%
74%
96% 96%
86% 83% 81% 82%
76%
100%
60%
82%
48%
83%
83%
89% 85% 85% 82% 83%
88%
90%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Service Requests Closed Within 5 Business Days
FY 20-21 FY 21-22
0 1 1
3 5 5
7 4
1 1
0 0
7 6
0 0
1 1 1
0 0
0 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Customer Service Surveys Received
FY 20-21 FY 21-22
100% 100%
67%
80%
100%
86%
100% 100% 100%
100% 100%
100%
100%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Customer Survey Rating of Good/Superior
FY 20-21 FY 21-22

PARKS & PUBLIC WORKS
FY Avg:
84%
FY Total:
28 YTD:
16 FY Avg:
93%
YTD Avg:
100%
YTD:
635
FY Total:
547
YTD Avg:
82%

3 3 2 2
1 2 2 2 2
4 4 4 4 4
2 2
3 2 2 2 2 2
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Capital Projects in Construction
FY 20-21 FY 21-22
0 1
2 3 3
2 3 3
2 2 2 2 2 2 2
3 3
3 5
4 5 5
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Capital Projects in Design
FY 20-21 FY 21-22
6%
12%
5%
3%
12%
8%
17%
5%
4%
4%
2%
4%
4% 3% 2% 1%
6%
3%
6%
9%
3%
5%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Fleet Out of Service More Than 3 Business Days
FY 20-21 FY 21-22

PARKS & PUBLIC WORKS
FY Avg:

6.8%
YTD Avg:

4.2%

ITEM 1: PRESENTATION OF A PROCLAMATION IN

RECOGNITION OF MAY BEING ASIAN AMERICAN

PACIFIC ISLANDER HERITAGE MONTH

THIS PAGE LEFT BLANK INTENTIONALLY

ITEM 2: INTRODUCTION OF THE DIVERSITY, EQUITY,

AND INCLUSION TASK FORCE MEMBERS

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ITEM 3: PRESENTATION OF A PROCLAMATION IN

RECOGNITION OF MAY BEING HISTORIC

PRESERVATION MONTH

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ITEM 4: UPDATES ON WATER RESTRICTIONS

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STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Well-Maintained Infrastructure
• Beautiful, Preserved, Single-Family Neighborhoods

BACKGROUND
As part of the current City Council-approved Street Tree Policy, the Parks & Public Works Department is required to submit a list of recommended trees to be removed to the City Council tree liaisons for review and comment prior to Council consideration. Council Member Shepherd Romey is the primary liaison and Council Member Huang is the alternate.

Pursuant to Section 7.1 of the City’s street tree policy, the City Council’s approval is required “…prior to the removal of any street tree with a Diameter at Breast Height (DBH) greater than 4-inches (Heritage and Oak trees) or 6-inches (established trees) unless the tree removal is part of a City Council-approved capital improvement project.”

DISCUSSION
The Department has prepared a listing of 25 trees in the public right-of-way, 2 trees at Lacy Park, and 1 tree in the median parks, for a total of 28 City-owned trees, that are being considered for removal pursuant to Section 7.2 of the City’s current Street Tree Policy. Section 7.2 of this policy provides the following as justifications for tree removal:
• The tree is dead.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Robert Newman, PE, Interim Director of Parks and Public Works/City Engineer Robert Bauman, Management Analyst
DATE: May 11, 2022
SUBJECT: APPROVAL OF THE SPRING 2022 PUBLIC TREE REMOVAL LIST Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

• The tree has reached an over-mature condition and is in declining health that will result in its death within the year.
• The tree is infected with a disease that cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity. • The tree has been determined to be a public health and safety hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots, or trunk. • The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction in its capacity to support itself and thereby creates a potential safety hazard.
• The tree due to its growth habit and location creates a safety hazard. • Removal of the tree has been approved as part of a City Council-approved capital improvement project.

The City’s Urban Forester identified the trees proposed for removal as meeting one or more of these criteria. The lists are provided as attachments to this report. The Department will be scheduling replacements based on availability and season if tree removal is approved.

On April 14, 2022 the Department provided both the primary and alternate liaisons with a list of 28 City-owned trees recommended for removal along with photos and reports compiled by the Urban Forester for each of the trees. The Department expects the liaisons to provide their observations and comments regarding the proposed removal list at tonight’s meeting.

FISCAL IMPACT & PROCUREMENT REVIEW
The cost for tree pruning, trimming, removals, replacements, and consulting work to assess trees is included in the current fiscal year budget of $273,100 for Grounds Division – Other Contract Services Acct. No. 101-52-4150-0000.

Procurement review is not applicable.

LEGAL REVIEW
The City Attorney’s office has reviewed this staff report and approved it as to form.

RECOMMENDATION
Staff recommends the City Council approve the proposed tree removal list, and authorize staff to properly remove the trees on the list, following a 10 day notice to the adjacent residents. If the City Council concurs with staff’s recommendation, an appropriate motion would be:

“I move to approve the Spring 2022 recommended tree removal list and authorize the Director of Parks and Public Works to move forward to properly remove the trees on the list.”

ATTACHMENTS

1. Memorandum to City Council tree liaisons on April 14, 2022

2. City map with identified tree locations

3. Proposed tree removal list

4. Completed International Society of Arboriculture (ISA) tree risk assessment forms and photos

5. Lacy Park map with identified tree removal locations

6. Proposed tree removal list with review sheet – Lacy Park

7. Completed ISA tree risk assessment forms and photos – Lacy Park

8. ISA basic tree risk assessment form guide

9. Revised Street Tree Policy and Procedures

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TO: Council Member Gretchen Shepherd Romey, City Council Tree Liaison CC: Council Member Steven Huang, City Council Tree Liaison Alternate Marcella Marlowe, Ph.D., City Manager
FROM: Robert Newman, Interim Director of Parks and Public Works/City Engineer BY: Robert Bauman, Management Analyst
DATE: April 14, 2022
SUBJECT: PROPOSED SPRING 2022 CITY TREE REMOVAL LIST FOR

REVIEW BY CITY COUNCIL TREE LIAISON
The Department has prepared a listing of 25 trees in the public right-of-way, 2 trees at Lacy Park and 1 tree in the median parks, for a total of 28 City-owned trees that are being considered for removal pursuant to Section 7.2 of the City’s 2019 street tree policy.

The City’s Urban Forester has identified these trees as either being dead with no hope of recovery, effectively dead, or diseased and posing a threat to public safety or other nearby healthy trees.

Additional information for each identified tree is available in Attachments 5 and 6 using the ISA Basic Tree Risk Assessment Form and photo documentation, which was completed and compiled by the Urban Forester.

RECOMMENDATION
It is recommended that you review the attached list of trees proposed for removal. Hard copies of the respective attachments have been placed in your inboxes. The next step will be to forward this list to the City Council at their next regular meeting for confirmation and approval. The Department is available to provide other information or documents necessary to facilitate your review of our recommendations.

ATTACHMENTS

1. City map with identified tree locations

2. Lacy Park map with identified tree locations

3. Proposed tree removal list with review sheet

4. Lacy Park tree removal list with review sheet

5. Completed ISA tree risk assessment forms and photos

6. Completed ISA tree risk assessment forms and photos – Lacy Park trees

7. ISA basic tree risk assessment form guide
cc: Dr. Marcella Marlowe, City Manager

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O CITY OF PASADENA CITY OF PASADENA COUNTY OF LOS ANGELES BY DATE CITY OF SAN MARINO, CALIFORNIA SCALE DESIGN CHECK DRAWN LastRev: 3/23/2022 1:41 PM
Filename: S:\Public Works\AutoCAD Drawings\Borders And Titleblocks\2022 Spring Tree Removal Map.dwg OFFICE OF THE CITY ENGINEER DWG. NO. FB NO. REFERENCES DWG. NO. REV. DATE DESCRIPTION BY CHK. APPR. SHEET OF CITY ENGINEER APPROVED 20 0 1 2 3 RELATIVE BORDER SCALE IS IN INCHES BY DATE CITY OF SAN MARINO, CALIFORNIA SCALE CITY-OWNED TREE REMOVALS SPRING 2022 DESIGN CHECK DRAWN LastRev: 3/23/2022 1:41 PM
Filename: S:\Public Works\AutoCAD Drawings\Borders And Titleblocks\2022 Spring Tree Removal Map.dwg NONE MAR 22 OFFICE OF THE CITY ENGINEER DWG. NO. FB NO. REFERENCES DWG. NO. REV. DATE DESCRIPTION BY CHK. APPR. SHEET OF CITY ENGINEER APPROVED1 1 SE 20 2021 SPPWC 2022-04 TREES
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NO SCALE NONE

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TREES LOCATED IN

RESIDENTIAL

GREEN PARKWAYS

PUBLIC RIGHT-OF-WAY

TREE TYPE DBH REASON FOR PROPOSED REMOVAL

1. 1450 Park Pl. Quercus agrifolia 42” Dead

2. 1385 Cumberland Rd. Cupaniopsis anacardiosis 15.5” Dead

3. 1695 West Dr. Quercus agrifolia 19.75” Dead

4. 2495 Roanoke Rd. Quercus agrifolia 18.5” Dead

5. 596 S. Santa Anita Ave. Pittosporum undulatum 20.0” Dead

6. 1420 Bellwood Quercus agrifolia 5.0” Dead

7. 1800 West Dr. Quercus agrifolia 27.5” Dead

8. 915 Sherwood Rd. Quercus agrifolia 34.0” Dead

9. 2424 Melville Rd. Liquidambar styraciflua 11.25” Dead

10. 2080 El Molino Ave. Brachychiton populneus 19.0” Dead

11. 1500 Virginia Rd. Quercus agrifolia 29.0” Dead

12. 1100 Sierra Madre Bl. Quercus agrifoila 11.0” Dead

13. 1520 Kensington Rd. Quercus agrifolia 42.5” Dead

14. 1633 Chelsea Rd. Quercus agrifolia 29.0” Dead

15. 1499 Wembley Quercus agrifolia 31.0” 95% Dead

16. 1615 Chelsea Rd. Pittosprum rhombifolium 13.0” 90% Dead

17. 1505 Old Mill Rd. Magnolia grandiflora 24.0” Dead

18. 300 Huntington Dr. Gingko biloba 14.0” 90% Dead

19. 2700 Huntington Dr.
(center median) Liquidambar styricaflua 17.5” Dead

20. 2645 Lorain Rd. Quercus agrifolia 24.5” 95% Dead

21. 2290 Melville Dr. Quercus agrifolia 28.25” 95% Dead

22. 1486 Wembley Rd. Quercus agrifolia 27.0” 95% Dead

23. 1081 Roanoke Rd. Cupaniosis anacardiosis 17.5” 90% Dead

24. 1880 Sharon Pl. Cupaniopsis anacardiosis 19.5” 90% Dead

25. 1575 Circle Dr. Cupaniopsis ancardiosis 20.0” Diseased

26. 2300 Brentford Rd. Quercus agrifolia 32.5” Diseased

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TREES LOCATED AT

LACY PARK
*refer to attached map
for tree location

TREE TYPE DBH REASON FOR PROPOSED REMOVAL

1. 1485 Virginia Rd. Sequoia sempervirens 13.0” DEAD, DEAD, DEAD

2. 1485 Virginia Rd. Taxus baccata 50” 95% Dead

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CITY OF SAN MARINO

STREET TREE POLICY AND PROCEDURES

Prepared By:

City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive, San Marino, California 91108
(626) 300-0765
[email protected]
2nd Edition October 2018 (Revised Revised April 10, 2019) First Edition September 2016

City of San Marino
Parks and Public Works Department

STREET TREE POLICY AND PROCEDURES
September 1, 2016
Revised and Adopted by the City Council October 26, 2018 Revised and Adopted by the City Council Council April 10, 2019

1.0 GENERAL PRESERVATION AND MANAGEMENT GUIDELINES
One of the most important aspects of preserving San Marino’s street trees is the ability to retain a managed population in terms of species, diversity, density and appropriateness.

The City will achieve this through proper planning and gradual reforestation efforts rather than through drastic deforestation and replacement measures. No healthy, living tree will be removed for the sole purpose of altering an area’s existing tree species composition.

Removal will conform to Section 7.0 of these guidelines.

1.1 Species Diversification and Density
A diversified population of tree species helps to guard against the negative impact of monocultures. Monocultures (large populations of a single tree species) may be ravaged during insect or disease epidemics. On the other hand, too diversified a population may create an unmanageable inventory of trees. Thus, as a means of controlling species variety, it is the goal of the City to retain a population of trees in which the optimum quantity of a single tree species should range between 0.5 and 10.0 percent of the total tree population.

1.2 Street Tree Management Plan (STMP)
The STMP will be based on an assessment of each street and the designated species chosen for that street to ensure that the right tree is planted in the right place based upon the following criteria:
a) Species hardiness. Based upon the tree’s adaptability to the region in terms of its resistance to diseases, pests, temperature extremes.
b) Drought Tolerance. Species that are more tolerant of long, dry periods are preferred.
c) Durability and wind resistance. Species that are not brittle by nature. d) Grow Space. Available parkway space relative to the expected tree trunk circumference and root flare at maturity.
e) Overhead clearance. The potential for conflicts between the tree’s canopy and overhead obstructions, such as utility lines, at the tree’s mature height. f) Character and basic design plan for the neighborhood. The general compatibility between the tree and its location.
g) Canopy and subsurface growth habits. Species that do not have invasive surface roots, extensive sucker production, or abundant fruit litter are preferred. h) Irrigation, drainage and soil qualities. Trees that do well under various irrigation and soil conditions are preferred.
i) General aesthetics and shading potential. Trees that provide some aesthetic benefits, such as flowers or attractive fall color, or trees that provide a good amount of shade are preferred.
j) Existing, traditional or native plant palettes. Species that already exist in a particular area, have traditionally or historically existed in that area, or are native to this region are preferred.

k) Availability. Trees that are generally available in local nurseries are preferred.

Longer streets may have several alternate designated species in an effort to incorporate diversity into the street tree population to avoid the negative effect of species monoculture. Segments of some streets may be designed with a utility alternate that will be a species planted in locations where there exists overhead clearance conflicts or grow space limitations.

The STMP will be retained by the Department. This list identifies every public street in the City with the designated species and alternates for each street being denoted in both botanical and common names.

1.3 Inventory Administration
The Department will keep current an inventory of all City trees including detailed site characteristics and work histories for each tree. The inventory of City trees identifies species, DBH (diameter at breast height), height, canopy and adjacent hardscape.

When creating an inventory of trees, standard procedures will be used to ensure that they are done in a consistent and regular manner. The inventory includes street trees and trees in other public spaces such as parks and medians. Public access to view the inventory will be provided through the City’s website.

1.4 Street Tree Planting within Entitlement Process
Development projects will be required to plant street trees as a condition of approval where existing street trees are missing or in poor health. The spacing of trees and species are defined in the Department’s conditions of approval and the approved site plan for the project. The Department refers to the STMP for approved street trees and to coordinate the species planted with the street tree palette for the area.

Planting of Street trees will comply the latest edition of the Standard Plans for Public Works Construction (SPPWC) (“The Greenbook”) standards for tree planting and as amended by this policy (see Sections 4 and 10).

2.0 GUIDELINES FOR PLANTING NEW AND REPLACEMENT TREES

2.1 Basis for Planting Guidelines
The Department is responsible for the planting of all street trees and may delegate the actual planting of trees to contractors or property owners. The following guidelines have been developed to promote the health and safety of City trees from the time that they are planted through their maturity. These guidelines apply to all City trees that are to be planted.

2.2 Season to Plant
Unless otherwise approved by the Director, all planting of trees will take place between November and April to take advantage of the dormant period for most trees and the cooler, wetter seasons of the year unless the work is proposed to occur during the bird nesting period (January through September). Consequently the Department will consult with an appropriate expert and if necessary prepare in accordance with California Environmental Quality Act guidelines an environmental document. Work that occurs during the bird nesting period may require the presence of an on-site biologist and may have to be suspended until nesting birds have abandoned their nest.

2.3 Planting Sites
It is the objective of the City to plant all viable vacant sites within City rights-of-way and to replace City trees that have been removed. Viability of planting sites is based upon the following criteria:

A. Spacing. There is adequate spacing present overhead, underground and radially to allow for the healthy, unimpeded growth of the tree to its mature size. Specific examples of spacing conditions that may make a site unsuitable for planting include inappropriate canopy room between existing trees, too close a proximity of a planting site to existing water, gas or sewer lines, potential for conflict with overhead power lines, or inadequate width of the location’s parkway for accommodating the tree’s girth.

B. Traffic Clearance. There is adequate line of sight visibility between normal vehicular or pedestrian traffic and necessary signage, street lights or views.

2.4 Tree and Plant Protection
It is the objective of the City to preserve and protect nearby trees and other plantings from damage that may occur during the planting or removal of other trees. The Department will employ the use of tree protection zones as specified in Section 10 and shall require private developers working in the City’s right-of-way to protect existing trees as specified herein.

3.0 (RESERVED)

4.0 TREE STOCK AND OTHER PLANTING MATERIALS

4.1 Nursery Stock Standards
The City will make every effort to ensure that it plants only vigorous, healthy trees that can be trained into an attractive natural form with strong roots and good crown development. The specifications for acceptable nursery stock are as follows:
a) All trees are to be true to type or botanical name as ordered or shown on planting plans.

b) All trees should be a size equivalent to that of 15-gallon minimum (see Section 4.7 for size upgrades requested by the adjacent private property owner). This size tree has been found due to its age to be more resilient and vigorous growing when compared to larger trees, which are susceptible to shock and take longer to establish new growth.
c) All trees are to have a single and fairly straight trunk with a good taper and good branch distribution vertically, laterally and radially. d) All trees are to be healthy, have a form typical for the species or cultivar; be well rooted, and are property trained.
e) The root ball of all trees are to be moist throughout and the crown shall show no sign of moisture stress.
f) All trees shall comply with federal and state laws requiring inspection for plant diseases and pest infestations.
g) No tree shall be accepted that has been severely topped, headed back, pollarded or lion-tailed.
h) No tree shall be accepted that has co-dominant stems or excessive weak branch attachments that cannot be trained out without jeopardizing the natural form of the species.
i) No tree shall be accepted that is root bound, shows evidence of girdling or kinking roots, or having knees (roots) protruding above the soil.

4.2 Planting Material Standards
Unless otherwise approved by the Director, all street trees shall be planted using materials that meet the following criteria:
a) Tree Stakes. Provide 2 sturdy, 8-foot-long minimum lodge pole pine stakes. Stakes shall be placed on the outer edge of the root ball on either side of the tree, parallel to the curb or walkway, or perpendicular to prevailing winds (see SPPWC 518). b) Staking Ties. Staking ties shall be 16- to 18-inch-long rubber cinch ties fastened to each stake with galvanized roofing nails. Ties will be pulled loose enough to allow for free movement of the tree in the wind (see SPPWC 518). c) For other details see attached SPPWC standard plans.

4.3 Tree Planting Specifications
Street trees are to be planted in accordance with the SPPWC standard plan 518 and 520 with the following modifications:
a) Tree guying is not permitted (see SPPWC 518).
b) The use of root barriers will be determined on a case by case basis (see SPPWC 520).
c) Gravel-filled solid-wall pipes shall be substituted for perforated pipes to carry water to the root zone (see SPPWC 520).

4.4 Site Cleanup after Planting
Work areas should be left in a condition equal to or better than that which existed prior to the commencement of planting operations. All debris should be cleaned up each day before the work crew leaves the site. All lawn areas are to be raked, all streets and sidewalks are to be swept, and all brush, branches, excess soil, rocks or other debris are to be removed from the site.

4.5 Watering Schedule
During the establishment period written notices will be mailed to adjacent private properties where the new tree(s) are located. The Department will water the new trees thoroughly to their root depth as frequently as needed. The minimum standards are as follows:
a) Tree Age 1 to 3 months in the ground: 4 times per month or as necessary. b) Tree Age 4 to 6 months in the ground: 2 times per month or as necessary. c) Tree Age 7 to 12 months in the ground: 1 time per month or as necessary.

The Department will monitor tree health during the establishment period and modify the water schedule listed above as necessary due to factors such as weather patterns and drought conditions to ensure maximum survivability of the new tree.

4.6 Training Young Trees
All newly planted trees will be placed on a written schedule to receive young tree maintenance immediately after planting. Properly trained trees will develop into structurally strong trees well suited for their surrounding environment. These trees should require little corrective pruning as they mature. Young trees that reach a larger mature size should have a sturdy, tapered trunk with well-spaced branches that are smaller in diameter than the trunk.

Every street tree should be scheduled for training at least once within the first 3 years after being planted as part of a young tree maintenance program (YTMP). The YTMP will include evaluating the overall condition of the tree, cleaning out of any dead wood and pruning the tree in such a manner as to develop good structure, checking to insure stakes and ties are removed in a timely manner from the young tree so as not to inhibit its development, and examining the watering basis to verify that the tree is receiving adequate water.

4.7 Tree Size Upgrades Requested by Property Owner
The Department will be open to increasing the size of the stock tree being planted in the parkway strip if requested by the adjacent private property owner. If the larger tree is determined to be feasible based on the STMP, the differential cost of labor and materials to plant a large tree and a 15-gallon tree of the same species shall be reimbursed by the private property owner in accordance with the City’s fiscal policies prior to installation of the larger tree.

5.0 TREE PRUNING GUIDELINES

5.1 Frequency and Manner of Pruning
The Department is responsible for pruning of street trees. Street trees will be pruned on a regular basis using professionally accepted standards as established by the International Society of Arboriculture (ISA). They will be pruned in a manner to encourage good development while preserving their health, structure and natural appearance.

Topping, heading back, stubbing, lion tailing or pollarding of public trees is strictly prohibited.

Residents will be notified of any pruning projects affecting a City tree located in front of their home per Section 8.

5.2 Utility Clearance Pruning
Line clearing is performed by tree trimming companies under contract to Southern California Edison (SCE) who is to inform the Department of upcoming trimming work. The Department will inspect the location before trimming occurs to see if an alternative treatment to trimming or pruning can be used and make recommendations to SCE modify the trimming scope to reduce impacts on trees (especially palm trees). The Department will review the site after the work is performed to determine if the work by SCE has damaged or otherwise impacted the long-term health of the tree. Due to state utility regulations the authority for determining the appropriate trimming rests with SCE.

However, the City may seek to pursue claims against SCE if it is in the best interests of the City to seek damages or other compensation such as replacement trees.

5.3 Certified Arborist
All City-contracted tree companies are required to have in their employment a full-time, permanent certified arborist as accredited by the International Society of Arboriculture (ISA). This person shall be responsible for ensuring that the contractor’s crews are performing work according to City specifications and this policy.

The Department will have on-staff a certified arborist or employ an outside consultant to assist the Department in implementing this policy.

5.4 Pruning by Private Property Owner
San Marino parkway trees are a valuable asset to the City’s neighborhoods and conformance with this policy is paramount to ensure their long and healthy life.

Consequently, it is important to use the same standards of care if tree work is to be performed by others.

Private property owners may request to prune a City parkway tree with a private contractor in-between the 4 year pruning cycle used by the City. On a case-by-case basis, the Department may allow this pending a review of the subject tree, adjacent street trees, the proposed trimming plan and the next scheduled tree pruning/trimming operation.

The property owner should submit an encroachment permit application that includes:
a) Name of the property owner.
b) The proposed contractor name and contact information with a copy of a valid C61/D-49 license and a City of San Marino business license. c) A pruning plan identifying the certified arborist who will be supervising the pruning and the proposed dates of the work.
d) All insurance documents specified by the encroachment permit. e) The encroachment permit fee was waived by the City Council on October 26, 2018.

Should an encroachment permit for pruning be approved, the property owner, their contractor and arborist, and Department personal shall meet on-site to review the scope of the pruning and other relevant matters for pruning within the public right-of-way per Sections 5, 9 and 10. Notification of the pruning to the neighborhood will be in accordance with Section 8.

6.0 TREE AND HARDSCAPE CONFLICTS

6.1 General Policy Regarding Tree and Hardscape Conflicts A sidewalk can be removed and replaced in a single day. A tree may take 20-70 years to reach a size where it damages the sidewalk. The sidewalk or curb will require repair whether the tree remains or not. The vested time and value of the tree prompts modifying the site to allow the tree to remain whenever practical. However, the tree in an improper growing site can cause hazards and recurring damages that cannot be corrected by modifying the growing site, and removal and replacement may be necessary. Because of the complexity of resolving tree-hardscape conflicts, the following guidelines will be employed to govern the decision-making process.

6.2 Inspection
If tree roots are the cause of hardscape damage, a certified arborist will be consulted to consider the size, species, structure/condition and external or environmental factors present that may support removal.
a) Size. Trunk size (DBH) and height should be noted in relation to the amount of structural roots that should remain to support the tree. b) Species. The species should be considered for its environmental suitability and its appropriateness to the site.
c) Structure and Condition. The tree should be inspected for stability: leaning and crown balance. The trunk should be checked for any cavities, signs of decay or insects that may cause instability (i.e., root rot, bores, termites). The condition of the foliage should be checked noting dieback, size and quantity of foliage, and anything that may indicate stress.
d) External or Environmental Factors. The growing space should be considered.

Check for adequate growing space. Note proximity to overhead utilities, water meters, and lines of sight for driveways, intersections and traffic signs. Note

damage to private property such as uplifting sidewalks, driveways, retaining walls, structural damage to a house, etc.

6.3 Possible Remedies
The Director in consultation with a certified arborist will determine the how best to proceed with tree removal being the last resort.

7.0 STREET TREE REMOVAL

7.1 Tree Removal Permit Approval Process
Except in instances requiring immediate action for the protection of life or property, the Department will obtain City Council’s approval prior to the removal of any street tree with a DBH greater than 4-inches (heritage and Oak trees) or 6-inches (established trees) the Department will obtain a tree removal permit from the Planning and Building Department unless the tree removal is part of a City Council-approved capital improvement project.

This is the same process that private property owners are required to use to obtain prior approval to remove privately-owned trees. The Director will submit a list of proposed street tree removals to the City Council tree liaison for review and comment at least two times per year. The list will identify the tree location, reason for removal and relevant information, and data supporting each proposed removal. If the Council liaison agrees with the Department’s list, the list will be forwarded to the full City Council for action as a consent agenda item. Should the Council liaison not agree with the Department’s list, the list will be forwarded to the City Council for action as a new business item. Should the City Council not approve the tree removals, the Department will include those trees on a list of potential future removals.

Preparation of an environmental document may be required for trees proposed to be removed during the bird nesting period.

7.2 Reasons for Tree Removal
Every effort will be made to maintain the health of the City’s trees and avoid tree removal.

However, the removal of a street tree street becomes necessary due to the following as determined in consultation with a certified arborist:
• The tree is dead.
• The tree has reached an over-mature condition and is in declining health that will result in its death within the year.
• The tree is infected with a disease that cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity.
• The tree has been determined to be a public health and safety hazard because of its high potential for failure due to considerable dead of dying foliage, branches, roots or trunk.

• The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction in its capacity to support itself and thereby creates a potential safety hazard.
• The tree due to its growth habit and location creates a safety hazard. • Removal of the tree has been approved as part of a City Council-approved capital improvement project.

7.3 Invalid Reasons for Tree Removal:

The following represent invalid reasons for removal of a street tree:
• Leaf litter.
• Messy fruit or flowers.
• View obstruction (other than for safety reasons).
• Roots infiltrating into private sewer laterals.
• Power line obstruction if there is a feasible solution to move the power line, e.g., pole relocation or undergrounding conflicting lines, that has been approved by SCE.
• Hardscape uplift that can be mitigated through root pruning, ramped sidewalks, root planning, etc.

8.0 PUBLIC COMMUNICATIONS

8.1 Tree Pruning
It is important that residents/property owners are notified of regularly scheduled tree pruning within the parkway adjacent to their property. Notification by mail should be made at least 10 business days in advance of scheduled pruning.

8.1 2 Tree Removal
It is important that residents/property owners are notified of the upcoming removal of a street tree. Notification will be made for trees that do not pose an immediate threat to life or property and a DBH greater than 4-inches (heritage and Oak trees) or 6-inches (established trees).

Notification by mail will be made at least 10 business days in advance of scheduled pruning and mailed to the neighborhood:
a) The resident/property owner of the property site where the street tree is located (the lot).
b) The 2 properties on each side of the lot.
c) All properties adjoining the rear of the lot and each property on either side of the adjoining property(ies).
d) Extending the lot’s property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties.

e) For lots at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the 3 properties extending from each side of the lot.

Trees to be removed will be marked by signage visible from the street 10 days in advance and the marking will be referenced in the notification letters to provide clarity on the exact tree or trees scheduled for removal.

8.3 Tree Planting
It is important that residents/property owners are notified of the planned planting of a City tree within the parkway adjacent to their property. Notification will be by mail at least 10 business in advance of the tree planting. Proposed location for the street tree will be marked on the curb prior to the mailing of the letter and will be referenced in the letter to provide the resident/property owner with the opportunity to bring concerns about the location to the City’s attention.

9.0 SUPERVISION
Except in cases requiring immediate action from the protection of persons or property, the daily work of planting, pruning or removal of streets trees will not begin until the personnel performing the work is met on site by a certified arborist and the Public Works Manager or Director who will inspect the site and verify the correct tree is marked for pruning or removal.

10.0 STANDARD DETAILS
The following documents will be used to implement this policy. a) Sample notice to residents/property owners of work to be performed by Department personnel.
b) Sample notice to residents/property owners of work to be performed by city contractor.
c) Sample notice to post on tree to be removed.
d) Model specifications for tree and plant protection.
e) San Marino standard plan SM 102 Residential Sidewalk Details. f) SPPWC standard plan 518 Tree Staking.
g) SPPWC standard plan 520 Tree Planting.

Date
Notice of Parkway Tree Removal by Public Works Personnel Dear Neighbor:

No sooner than 14 days from the date of this letter, Parks and Public Works personnel will be removing tree(s) located in parkway near your home. This letter provides details about the City’s removal and restoration process.

Overview - The work will consist of tree removal, stump removal, disposal of all generated debris and restoration of parkway. Construction activity will occur between 7 am and 5 pm, Monday through Friday.

Tree Removal - Trees targeted for removal are noted with an orange-colored ‘X’. The trees will be generally cut to 4-inches to 6-inches above the ground. We will remove all limbs, leaves and logs at the end of each work day and dispose of them at a legal and proper disposal site. We are unable to give logs to residents.

Stump Removal and Restoration – We will ground the remaining tree stumps to a minimum depth of 12-inches.

All areas disturbed by stump removal will be restored no later than 2 weeks after stump has been removed.

Type of Tree Size Reason for Removal
If you have questions or would like more information please contact Mr. John Santillan, Parks and Grounds Foreman, (626) 300-0790 or [email protected].

On behalf of the City of San Marino Parks and Public Works Department, thank you for supporting our efforts to maintain the City’s wonderful urban forest.

Regards,
Michael Throne, PE
Parks and Public Works Director/City Engineer

Date
Notice of Parkway Tree Removal
Dear Neighbor:

The City of San Marino has contracted with Mariposa Landscapes Inc., to remove dead parkway trees within the City. No sooner than 14 days from the date of this letter, the contractor will be removing tree(s) located in parkway near your home. This letter provides details about the City’s removal and restoration process.

Overview - The work will consist of tree removal, stump removal, disposal of all generated debris and restoration of parkway. Construction activity will occur between 7 am and 5 pm, Monday through Friday.

Tree Removal - Trees targeted for removal are noted with an orange-colored ‘X’. The trees will be generally cut to 4-inches to 6-inches above the ground. The contractor is required to remove all limbs, leaves and logs at the end of each work day and dispose of them at a legal and proper disposal site. The contractor is unable to give logs to residents.

Stump Removal and Restoration - The contractor is required to ground the remaining tree stumps to a minimum depth of 12-inches. All areas disturbed by stump removal will be restored by Public Works personnel no later than 2 weeks after stump has been removed.

Type of Tree Size Reason for Removal
If you have questions or would like more information please contact Mr. John Santillan, Parks and Grounds Foreman, (626) 300-0790 or [email protected].

On behalf of the City of San Marino Parks and Public Works Department, thank you for supporting our efforts to maintain the City’s wonderful urban forest.

Regards,
Michael Throne, PE
Parks and Public Works Director/City Engineer

NOTICE OF

TREE REMOVAL
Estimated Removal Date ___________
The City of San Marino Parks and Public Works
Department has a policy to preserve healthy trees on
public property whenever possible and practicable.

However, if the tree is dead, diseased, causing severe
hardscape damage or is a public safety hazard,
sometimes the tree has to be removed.

It has been determined that there is no alternative
but to remove this City tree.

If you have questions or would like more information
please contact:

Mr. John Santillan, Parks and Grounds Foreman
(626) 300-0790
[email protected]

MODEL SPECIFICATIONS
FOR

TREE AND PLANT PROTECTION
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The provisions below shall supplement but not replace those provisions in Section 7-9 of the Standard Specifications.
7-9.1 Temporary Tree and Plant Protection
7-9.1.1 References
A. ANSI A300 “American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices:”

1. Part 1 – Pruning.

2. Part 5 – Management of Trees and Shrubs During Site Planning, Site Development, and Construction.

B. American Public Works Association. “Tree Protection & Preservation.” C. BNi Publications. “Standard Specifications for Public Works Construction (The “Greenbook”).”
D. BNi Publications. “Standard Plans for Public Works Construction (SPPWC).” E. City of San Marino. “Standard Plans.”
7-9.1.2 Definitions
A. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs or other vegetation to be protected during construction as indicated.

B. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction and defined by a circle concentric with each tree with a radius 1.5 times diameter in inches of tree trunk measured 4.5-ft. above ground with a minimum radius of 6-ft. unless otherwise indicated on Drawings.

1. Example: 3-in. diameter tree x 1.5 = 4.5-ft. Use 6-ft. radius.

2. Example: 12-in. diameter tree x 1.5 = 18-ft. Use 18-ft. radius.

C. Vegetation: Trees, shrubs, groundcovers, grass, turf and other plants. 7-9.1.3 Informational Submittals
A. Existing Conditions: Document existing trees and plantings indicated to remain to establish preconstruction conditions.

1. Use sufficiently detailed photographs.

2. Include plans and notations to indicate specific wounds and damage conditions of each tree or plant designated to remain.
7-9.1.4 Project Conditions
A. Following practices are prohibited within protection zones:

1. Storage of construction materials, debris or excavated material.

2. Parking of vehicles or equipment.

3. Foot traffic.

4. Erection of sheds or structures.

5. Impoundment of water.

6. Excavation or other digging unless otherwise indicated.

7. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated.

B. Do not direct vehicle or equipment exhaust toward protected zones.

C. Prohibit heat sources, flames, ignition sources and smoking within or near protection zones and organic mulch.

D. Maintain protection-zones throughout all construction phases. 7-9.1.5 Materials
A. Topsoil:

1. Use natural or cultivated top layer of soil surface, reasonably free of subsoil, clay lumps, gravel and other objects 1/2-in. in diameter and free of weeds, roots and topic and other non-soil materials.

2. Obtain topsoil from Project site.

B. Organic Mulch:

1. Ground or shredded bark.

2. 3-in. maximum, 1/2-in. minimum.

3. Preferably use healthy plant material from Project site.

C. Protection-Zone Fencing:

1. Fix in position as directed by Engineer.

2. Plastic Protection-Zone Fencing:
a. Plastic construction fencing manufactured of high-density extruded and stretched polyethylene fabric with 2-in. maximum opening pattern. b. Secure with plastic bands or galvanized steel wire ties. c. Support fence with tubular or T-shape galvanized steel posts spaced no more than 8-ft. apart.
1) Height: 4-ft.
2) Color: Nonfading, high-visibility orange.

D. Plywood Wood for Protection-Zone Vehicle Crossing: 3/4-in. thick exterior grade plywood veneer sheathing.

E. Signage: Post highly visible signs on fencing demarking “Tree Protection Zone.”

7-9.1.6 Examination
A. Erosion and Sedimentation Control:

1. Verify temporary erosion and sedimentation controls are in place.

2. Verify flows of water redirected from construction areas or generated by construction activity do not enter or cross protected zones.

B. Coordinate with 7-8.6.3.
7-9.1.7 Preparation
A. Locate and clearly identify trees, shrubs and other vegetation to remain or be relocated.

1. Tie 1-in. blue-vinyl tape around each tree at 54-in. above ground.

B. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing or storing construction materials. 7-9.1.8 Tree and Plant-Protection Zones
A. Protection-Zone:

1. Mulch areas inside tree protection-zones as indicated.

2. Apply 4-in. average thickness of organic mulch.

3. Do not place mulch within 6-in. of tree truck.

B. Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones before materials or equipment are brought on site and construction operations begins. Keep fence tight and neat.

C. Signage: Install in visibly prominent locations at 20-ft. spacing with no fewer than 4 signs facing different directions.

D. Maintain protection zones free of weeds and trash.

E. Vehicle Crossing of Protection Zone: Lay down plywood over root zone to distribute weight of construction vehicle if access is required through protection zone. 12-in. to 18-in. thick mulch may be substituted for plywood.

F. Repair or replace trees, shrubs and other vegetation indicated to remain damaged by construction operations.
7-9.1.9 Excavation
A. Excavate at edge of protection zones and for trenches indicated within protection zones in accordance with this Article.

B. Review required trenching through protection zones with Engineer prior to starting Work.

C. Trenching Near Trees:

1. Where utility trenches or other excavations are required within protection zones, hand excavate under or around tree roots or tunnel under roots.

2. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with utility installation.

D. Redirect roots in backfill areas where practicable. If large, main lateral roots are encountered expose roots beyond excavation limits as required to bend and redirect them without breaking.

E. Exposed Roots: Do not allow exposed roots to dry out before placed permanent backfill.

1. Provide temporary earth cover or pack with peat moss and wrap with burlap.

2. Water to maintain in moist condition.

3. Temporarily support and protect roots from damage until roots are permanently relocated and covered with soil.
7-9.1.10 Root Pruning
A. Prune roots up to 1-in. in diameter affected by temporary and permanent construction by hand per ANSI A300 Part 1.

1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments. Do not break, tear, chop or make slant cuts.

2. Temporarily support and protect roots from damage until roots are permanently redirected and covered by soil.

3. Cover exposed roots with burlap and water regularly.

4. Coordinate backfilling with SPPWC 300-2.

5. Coordinate work with Standard Plan SM 102.

B. Work around and/or under roots greater than 1-in. in diameter. Direct request to remove roots greater than 1-in. in diameter to Engineer for approval. 7-9.1.11 Crown Pruning
A. Prune branches to compensate for root loss per ANSI A300 Part 1.

1. Do not remove major branches that provide balance and shape. Tie up branches required to remain.

2. Prune with sharp tools.

3. Do not apply pruning paint to wounds.

B. Chip removed branches of healthy plants and dispose of on-site at locations identified by Engineer.
7-9.1.12 Regrading
A. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond protection zone. Maintain existing grades within protection zone.

B. Lowering Grade within Protection Zone: Where new finish grade is indicated below existing grade around trees, slope grade away from away from tree.

C. Root Pruning:

1. Prune tree roots exposed by lowering grade.

2. Do not cut main lateral roots or taproots.

3. Cut only smaller roots and as required for root pruning.

4. Coordinate with 7-9.1.10.

D. Raising Grade: Where new finish grade is indicated above existing grade around tree, slope grade beyond protection zone.
7-9.1.13 Repair and Replacement
A. General: Repair or replace trees, shrubs and other vegetation damaged by construction operations within 1 working day.

B. Trees: Remove and replace trees indicated to remain that are more than 25-percent dead or in unhealthy condition damaged by construction operations.

1. Provide new trees of same size and species.

C. Soil Aeration: Aerate surface soil compacted during construction 10-ft. beyond dripline and no closer than 3-ft. from tree trunk.
7-9.1.14 Disposal of Surplus and Waste Materials
A. Remove excess excavated material, trash and debris generated by Work in this Article.

B. At Project closeout, neatly roll-up protection-zone fencing and bundle posts and deliver to Owner.
7-9.2 Payment
A. All costs for protecting, removing and restoring existing improvements shall be included in Bid.

CITY OF SAN MARINO PARKS & PUBLIC WORKS DEPARTMENT

RESIDENTIAL SIDEWALK DETAILS
2200 HUNTINGTON DR

SAN MARINO CALIFORNIA USA
JAN 2018 REV AUG 2018 USE WITH STANDARD PLANS AND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN SM 102
SHEET 1 OF 1

TYPICAL SECTION
Tree
Protection
Zone.

OG.

NOTES

1. Removal of root 1" or greater in diameter within Tree Protection Zone requires approval of City Arborist.

2. Stamped or textured concrete requires approval of City Engineer.

Compact Native Subbase
Material Underneath
Sidewalk to 90% Relative
Compaction.

TYPICAL SCORELINE DETAIL
For Other Cases, Match Adjacent Scoring.
5' Sidewalk (Typ.)
Varies
(0' Typ.)
Parkway
Varies.

Exist. Curb
and Gutter.
4" thick (Typ.)
6" thick at Driveway Aprons.

Concrete Class 520-C-2500
with Sand Finish, Fawn Color.

Exist.

Tree Root.
12"
12" R/W Line.
2%
1" Min. 5' Typ.
30" Typ. 30" Typ.

Exist.

Sidewalk. C Sidewalk. L
New
Sidewalk.

Tooled Weakened
Plane Jts. (Scorelines). LastRev: 8/8/2018 4:07 PM Filename: \\SM-FILE\RedirectedFolders\MThrone\Documents\AutoCAD LT Training Drawings\Standard Drawings\SM 102 Sidewalk.dwg

NOT USED

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STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Safe Community
• Well-Maintained Infrastructure
• Fiscally Responsible and Transparent City Government
• Beautiful, Preserved, Single-Family Neighborhoods

BACKGROUND
This project marks the continuation of the Parks and Public Works Department’s “Fix Our Streets” program, which has been a City Council priority initiative since fiscal year 2018-19.

NCE of Fountain Valley prepared plans and specifications to resurface and slurry seal 31 neighborhood streets as shown on the map of Attachment 1. These streets are listed in the City Council-adopted San Marino Pavement Management Program for the calendar year 2022 plan. The project’s scope of work will also include the addition of striping on Sierra Madre Boulevard from Huntington Drive northbound to City limits, as well as the removal and replacement of over 13,000 linear feet of curb and gutter within the limits of the street work.

It should be noted that the addition of striping on Sierra Madre Boulevard was previously considered as part of a citywide restriping project in 2017. At that time, the City Council chose not to move forward with the project. Staff is recommending the striping be considered again TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Robert Newman, Interim Director of Parks and Public Works/City Engineer DATE: May 11, 2022
SUBJECT: AWARD OF A CONSTRUCTION AGREEMENT FOR STREET
REHABILITATION PROGRAM PROJECT NO. 21-9271 IN THE
AMOUNT OF $3,532,222 TO ALL AMERICAN ASPHALT,
INCLUDING APPROVAL OF A 5% CONTRACT CONTINGENCY;

AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR

CONSTRUCTION INSPECTION SERVICES FOR THE STREET
REHABILITATION PROGRAM PROJECT NO. 21-9271 IN THE
AMOUNT OF $79,934 TO Z&K CONSULTANTS
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

as part of this project, as that portion of Sierra Madre Boulevard is already scheduled to be resurfaced within the scope of work. The additional striping is recommended to improve overall traffic safety on this busy street, as well as improve safety for residents whose properties front Sierra Madre Boulevard. This project has been discussed with the Public Safety Commission at recent meetings, with both Commissioners and members of the public offering support for the project. Furthermore, the Parks and Public Works and Police Departments have both received comments and complaints from concerned residents regarding speeding and other traffic safety issues on that portion of the street. As such, staff, in consultation with the City’s traffic safety consultants, is recommending the inclusion of the striping in the project’s overall scope of work.

Professional construction inspection services are recommended so that an experienced construction inspector is on site daily to inspect the actual construction for the duration of the street rehabilitation project. As it pertains to proposals for the construction inspection services, California Government Code 4526 prescribes selection of architectural and engineering services to be based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required and does not authorize the selection of professional architectural and engineering services based on cost. City staff was able to reach an agreement with Z&K Consultants at a fair and reasonable price.

DISCUSSION
Solicitation for Construction Bids
On April 21, 2022, a bid opening for the construction portion of the project was conducted.

Four bids were received with base bids ranging from $3,532,222 to $4,725,000. All American Asphalt was the lowest bidder and their references were checked for satisfactory performance.

A summary of the bids received is shown below, and a summary tabulation of each bidder’s unit prices is attached to this report. The Engineer’s Estimate for this project was $3,482,818.

Work is scheduled to take 60 working days and planned to commence in late June and be completed by September. A schedule of when each street will be resurfaced will be placed on the City’s website and mailed to each impacted property owner.

Bidder Base Bid
All American Asphalt,
Corona $3,532,222
Hardy and Harper, Inc.

Lake Forest $3,850,000

Excel Paving Company,
Long Beach $4,115,418.70
Sully-Miller Contracting
Company, Brea
(contractor from last fiscal
year’s project)
$4,725,000
Upon review of the submitted proposals, the Department recommends awarding a construction contract to All American Asphalt, the low bidder for the project, in the amount of $3,532,22, plus a 5% contract contingency. The requested contingency will cover costs due to unforeseen site conditions and change orders for additional work requested by the City. The total amount for the construction plus the construction contingency is $3,708,833.

Solicitation for Inspection Services
A total of five proposals were submitted for inspection services. Upon review of the submitted proposals, the Department recommends awarding a professional services agreement to Z&K Consultants of San Bernardino. They are qualified for this project based upon professional qualifications, staff experience, project approach to the scope of work, and in particular adherence to quality and assurance standards. Z&K satisfactorily performed construction inspection of the FY 2020-21 street rehabilitation project, and is therefore familiar with the City as a result of this experience.

Z&K Consultants also understands the importance of information management and is committed to disseminating key information in a timely manner. As such, Z&K will prepare newsletters that will be provided to the City for inclusion in the City Manager’s Weekly Briefing and placed on the City’s website (Attachment 7). Staff found this approach to be successful during the completion of last year’s street resurfacing project.

FISCAL IMPACT & PROCUREMENT REVIEW
Bids for construction were solicited in accordance with the Public Contract Code and the City’s purchasing ordinance. The adopted FY 2021-22 capital improvement budget includes $3,500,000 for this project in two separate funds. Additional funding from the project comes from cost savings from previous street rehabilitation projects. No additional budget appropriation is needed at this time. A summary of the revenues and estimated expenses for the project are as shown in the table below.

FUNDING SOURCE
Gas Tax Fund #202.....................................................................$390,460 Capital Projects Fund #394................................................... $3,520,000

Total Funds ............................................................$3,910,460

EXPENDITURES AMOUNT
Engineering Design (NCE)...........................................................$85,900 Construction inspection services (Z&K) ………………… $79,934
Construction inspection contingency (5%)…………………$3,997
Construction contract (All American Asphalt) ................ $3,532,222 Construction contingency (5%)................................................$176,611 Total Estimated Expenditures .............................$3,878,664 The proposed awards of contract are scheduled to exceed $3,500,000, which has been the amount budgeted the previous few fiscal years. However, as previously noted, cost savings on prior projects enable the City to pay for the additional costs without needing to appropriate money from Capital Fund reserves. The project’s increased cost is largely due to:

1. Increases in material costs since the Pavement Management Plan was adopted.

2. Removal and replacement of 13,318 linear feet of curb and gutter as opposed to 720 linear feet of curb and gutter during the previous project. This accounts for an increase of approximately $729,000. Despite the cost, curb and gutter replacement is being done with the project as it will help increase safety and reduce drainage issues citywide.

At the conclusion of this project, the City will be on schedule to complete the rehabilitation of all city streets by 2030, as set out in the Pavement Management Plan. As mentioned previously, material costs have increased substantially from when the Pavement Management Plan was adopted. Therefore, staff will be assessing the impact to future street rehabilitation projects.

A Notice of Exemption was prepared by the Director of Community Development (see Attachment 4) pursuant to the California Environmental Quality Act (CEQA) that recommends the findings that the project is categorically exempt under Sections 15301(c) (Existing Facilities) and 15302 (Replacement or Reconstruction) because the streets are existing facilities that will be located on the same site and within the current boundaries as the current streets and will have the same purpose and capacity as the original streets. The filing fee is $75.

LEGAL REVIEW
The City Attorney’s office reviewed this staff report and has approved as to legal form.

RECOMMENDATION
It is recommended that the City Council approve the plans and specifications for the Street Rehabilitation Program Project No. 21-9271 and award a construction agreement to All American Asphalt. If the Council concurs, the appropriate action would be:

“I move to (1) approve the plans and specifications for the Street Rehabilitation Program Project No. 21-9271; (2) find that the Street Rehabilitation Program Project No. 21-9271 is categorically exempt under Sections 15301(c) and 15302 of the California Environmental Quality Act and direct the Director of Community Development to file the notice of exemption with the state and County of Los Angeles; (3) award a construction agreement to All American Asphalt for the Street Rehabilitation Program Project No. 21-9271 in a total amount not-to-exceed $3,532,222; (4) award a professional services agreement in the amount of $79,934 to Z&K Consultants for professional construction inspection services; and (5) authorize the Parks and Public Works Director to approve contract change orders and other contingencies in a cumulative amount not-to-exceed $353,222.”

ATTACHMENTS

1. Location of resurfacing streets

2. Tabulation of all bids received

3. Bid proposal from All American Asphalt

4. Notice of exemption

5. Plans and specifications for the Street Rehabilitation Program Project No. 21-9271

6. Proposal from Z&K Consultants

7. Communication Sample from Z&K Consultants

8. Proposed Sierra Madre Boulevard Striping Plan

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17050 Bushard St., Suite 200
Fountain Valley, CA 92708
(714) 848-8897
PRELIMINARY NOT FOR CONSTRUCTION FOR REVIEW DATE: 90% SUBMITTAL 02-04-2022

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CITY OF SAN MARINO

STREET REHABILITATION PROGRAM

NOTICE INVITING BIDS
AND

PLANS AND SPECIFICATIONS

PROJECT NO. 21-9271
Prepared By:

NCE
Fountain Valley, California
Prepared For:

City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive, San Marino, California 91108
(626) 300-0765
[email protected]
BIDS DUE 10:00 AM APRIL 21, 2022
Plans and Specifications Issued March 28, 2022
This is a Prevailing Wage Project under the Laws of the State of California

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CITY OF SAN MARINO

NOTICE INVITING BIDS

STREET REHABILITATION PROGRAM
PROJECT NO. 21-9271
PUBLIC NOTICE IS HEREBY GIVEN that the City of San Marino hereinafter referred to as the Agency, invites sealed bids for the above stated Project and will receive such bids in the office of the City Clerk, City Hall, 2200 Huntington Drive, San Marino, California 91108 up to the time of 10:00 a.m., on Thursday, April 21, 2022 at which time they will be publicly opened at City Council chambers inside City Hall. Bids received after the time and date for the bid opening will not be accepted and shall be returned unopened.

The work to be done is described in these Bid and Contract Documents for the above stated Project.

The general Scope of Work is as follows:

DESCRIPTION AND LOCATION OF WORK
Work includes a citywide roadway pavement rehabilitation project including construction of cold-milling asphalt concrete pavement and re-paving with hot mix asphalt (HMA) and asphalt rubber hot mix (ARHM), clearing and grubbing, removal and disposal of Macadam base materials where encountered, localized pavement repairs, replacing impacted traffic striping, markings, and loop detectors, curb painting, replacing damaged curb and gutter, adjusting utility frames and grates, utility coordination, and providing temporary traffic control in conformance with Contract Documents and applicable permits and regulations.

This is a 60 working day project.

Contractor shall furnish labor, material, equipment, services, transportation, fuel and specialized skills to perform work involved in the Project.

GENERAL
In conformance with State of California Assembly Bill 2036 complete bid sets will be available electronically, at no cost, at https://pbsystem.planetbids.com/portal/22759/portalhome. It shall be the responsibility of the prospective bidders to download and print the bid documents for review and bid preparation, as well as to obtain any addenda and responses to pre-bid requests for clarification that have been provided by the Agency. Bidders shall also check the website for addenda which will be posted no later than 72 hours prior to the bid opening. Each addendum will include a conformation sheet indicating receipt of the addendum. This sheet must be signed and included with the bid for each addendum issued. Bids, which do not include the confirmation sheet(s) for each addendum, if any, may be rejected.

The Agency does not warrant, represent, or guarantee the accuracy, completeness, or adequacy of information provided from any third party source. The Agency shall not be responsible or liable in any way whatsoever for any loss or damages of whatever kind, nature, or scope, including, but not limited to, time, money or goodwill arising from errors, inaccuracies, or omissions in any documents and/or information retrieved from any third party source.

Prospective bidders are encouraged to review the official version of all documents upon which they plan to rely. For a complete set of bid documents or the applicable RFP, all interested parties are directed to The Agency’s website at www.CityofSanMarino.org or accessing https://pbsystem.planetbids.com/portal/22759/portal-home.

A Pre-Bid Conference will be held for this project at 9 AM Tuesday April 5, 2022. A Zoom meeting link is provided below. City streets are open daily for self-guided inspection.

Zoom meeting information:

Meeting ID: 873 0877 3812
Passcode: 220574
Bids shall be written clearly and legibly in ink in conformance with the Instruction to Bidders. All bids shall be submitted to the Agency’s front desk in a sealed envelope plainly marked on the outside with “SEALED BID FOR STREET REHABILITATION PROGRAM - DO NOT OPEN WITH REGULAR MAIL”.

If using Federal Express or other such service for bid submittal, the contents of the submittal must be noted on the outside of that envelope as stated above.

Each bid must be accompanied a certified or cashier’s check payable to the City of San Marino, or a satisfactory bid bond executed by the bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total aggregate bid amount. The successful bidder will be required to furnish and pay for performance and payment bonds acceptable to the Agency.

The Contractor to whom the Contract is awarded, and any subcontractor under such Contractor, shall hereby ensure that minority and women business enterprises will be afforded full opportunity to submit bids for subcontracts. Further, there shall be no discrimination in employment practices on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex in compliance with Government Code 12990.

Attention is directed to the provisions of the Bid and Contract Documents, which require retention from payments to the Contractor to secure performance under the Contract. Pursuant to California Public Contract Code Section 22300, and at the request and expense of the Contractor to whom the contract is awarded, acceptable securities (securities listed in Government Code Section 16430, bank or savings and loan, certificates of deposit, interest bearing demand deposit accounts or standby letters of credit) equivalent to the retention amount shall be permitted in substitution of money withheld by the Agency to ensure performance under the Contract. Such securities shall be deposited with the Agency or with a California or Federally chartered bank or savings and loan as escrow agent who shall return such securities, along with any interest thereon, to the Contractor upon satisfactory completion and acceptance of the Work by the Agency.

The successful Bidder must comply with all prevailing wage laws applicable to the Project. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages set forth in the General Prevailing Wage Rates for this project are available at the California Department of Industrial Relations’ Internet web site at https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.17 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

The Agency reserves the right to reject any or all bids, to waive any irregularity(ies), and to take all bids under advisement for a period of 60 calendar days after the date the bids are publicly opened. All costs incurred by bidders as a result of preparing bids under this Notice Inviting Bids shall be the sole responsibility of each bidder. This Notice Inviting Bids neither creates nor imposes any obligation upon the Agency to enter into a contract.

Liquidated damages are required by law and will apply to the Project in accordance with the Special Provisions.

Bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the appropriate classification(s) of contractor’s license(s), for the work bid upon, and shall maintain the license throughout the duration of the Contract. Bidders must possess a current State of California Classification A and/or C-12 Contractor’s License or a combination of Specialty Contractor’s Licenses sufficient to cover all of the work to be performed by the prime contractor. Agency will accept bids only from Bidders that (along with all subcontractors listed in the bid) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Subject to Labor Code Sections 1771.1(c) and (d), any Bid from an unregistered Bidder or that includes an unregistered subcontractor shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1(a)), Agency may accept a non-complying Bid provided that Bidder and all listed subcontractors are registered at the time of contract award.

Information and Questions: All questions and request for information must be submitted in writing no later than April 15, 2022 and by email to [email protected]. Responses will be available on the project’s www.PlanetBid.com page: https://pbsystem.planetbids.com/portal/22759/portal-home.

BY ORDER OF
March 28, 2022
Michael W. Throne, PE, City Engineer

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TABLE OF CONTENTS

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS
BIDDER’S PROPOSAL INCLUDING BID SCHEDULE

GENERAL PROVISIONS
Section 1 – Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope of the Work
Section 3 – Control of the Work
Section 4 - Control of Materials
Section 5 – Legal Relations and Responsibilities
Section 6 – Prosecution and Progress of the Work
Section 7 – Measurement and Payment
Section 8 – Intentionally Omitted
Section 9 – Miscellaneous

SPECIAL PROVISIONS

APPENDICES
Appendix 1 – Agreement
Appendix 2 – Certified Payroll Forms
Appendix 3 – Close-out Documents
Appendix 4 – Standard Plans
Appendix 5 – Plan sheets

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INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS
Contract Documents may be obtained from the Agency at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The official version of all Contract Documents, which include plans, Instructions to Bidders, General Conditions, Special Provisions, bid documents, sample contract documents, certified payroll documents, close-out documents, any other appendices, attachments or exhibits (if any), and addendum (if any) shall be on the Agency’s website at www.PlanetBids.com. It shall be the Bidder’s responsibility to thoroughly review the Contract Documents prior to submitting a bid. Referenced standards, codes, regulations and other materials may not be available on the website. It shall be the Bidder’s responsibility to find sources for all such references.

The Agency shall also make the Contract Documents available for review in electronic form at one or more plan rooms at no charge, as required by Public Contract Code section 20103.7. Please Note:

Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Agency to obtain the required Contract Documents if they decide to submit a bid. The Agency, does not warrant, represent, or guarantee the accuracy, completeness, or adequacy of information provided from any third party source, including any plan room. The Agency shall not be responsible or liable in any way whatsoever for any loss or damages of whatever kind, nature, or scope, including, but not limited to, time, money or goodwill arising from errors, inaccuracies, or omissions in any documents and/or information retrieved from any third party source.

The Agency does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents.

2. EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE
Bidders shall be solely responsible for examining the Project work site and the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could possibly affect the Work. Bidders are responsible for consulting the standards referenced in the Contract Documents. Bidders shall be solely responsible for their failure to inspect the Project work site and to examine the Contract Documents and inform themselves, shall proceed at their sole risk, and no relief for error or omission will be given except as required under State law. Each Bidder shall identify any and all ambiguity(ies), inconsistency(ies), clarification(s) and/or necessary additional information regarding the Contract Documents and Project work prior to preparing its bid.

Each prospective Bidder is responsible for fully acquainting itself with conditions of the Site (which may include more than one location) and those relating to construction of the Work, fully understanding the facilities, difficulties and restrictions which may affect the cost or effort required to complete the Work.

By submitting a bid the Bidder certifies that:
a) The Bidder has carefully examined the Project Site, has taken steps to obtain all information concerning site conditions and is familiar with all conditions (including information that the Agency

made available to all Bidders during the bid process, costs and physical conditions) affecting the performance of the Work, and
b) The Bidder has carefully examined the Project work and Contract Documents and its Bid, and affirmatively represents that the Project work, Contract Documents and its Bid contain no significant error, inconsistency or omission and the Bidder has requested additional information and clarification from the Agency in writing with respect to any such error(s), inconsistency(ies), ambiguity(ies), conflict(s) or omission and has received such information and clarification from the Agency, and c) The Bid and Contract Documents are sufficient to have enabled the Bidder to determine the cost and duration of the Work and to enter into the Contract and the Bid and Contract Documents are sufficient to construct the Work in accordance with all applicable laws, statutes, buildings codes and regulations and otherwise to fulfill the Bidder’s obligations under the Contract, and d) The Bidder has requested each Subcontractor to carefully examine the Project Site, information concerning Site conditions, and Bid and Contract Documents with respect to the portion of the Work to be performed by such Subcontractor and that each Subcontractor has certified to the Bidder that such Subcontractor requires no additional information or clarification to perform the portion of the Work to be performed by such Subcontractor except as may have been requested in writing by the Bidder and to which the Agency has responded.
e) That any deficiencies, ambiguities, conflicts, omissions or errors remaining in the Contract Documents at bid time have been considered in Bidder’s costs of performing the work and are including within the total Bid amount, and that Bidder will build and deliver the project as defined in the Contract Documents as whole and complete project within the contract time and cost.

3. ESTIMATED QUANTITIES OF WORK OR MATERIAL
To the extent provided, the quantities of work or material stated in the unit price items of the Bidding Sheet(s) are supplied only to give an indication of the general scope of work. The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith.

The Agency reserves the right to increase or decrease the quantity amount of any unit price item of the work by an amount up to and including 25 percent of any bid item(s), or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price. See General Provisions and Specifications for exceptions to the 25% limit, if applicable.

The Agency reserves the right to eliminate any item of work in its entirety in accordance with the General Provisions.

4. INTERPRETATION OF CONTRACT DOCUMENTS & REQUESTS FOR

CLARIFICATION
The Bidder shall interpret the Contract Documents as a whole and inseparable. The Contract Documents are complementary and cooperative. Anything specified in the written documents and not shown on the plans, or shown on the plans and not specified in the Contract Documents shall be as though shown on or specified in both. Discrepancies, conflicts, ambiguities, omissions and errors from any part of the Contract Documents shall immediately be brought to the attention of the Agency by submission of a written Request for Clarification. Any Request for Clarification must be sent electronically via the City’s PlanetBids.com webpage no later than the date specified in the Notice Inviting Bids. The Bidder shall be

responsible for the prompt delivery of the request. The Agency may or may not respond to Bidder’s requests for clarification.

5. ADDENDA
The Agency reserves the right to revise the Contract Documents prior to the bid opening date. Revisions, if any, shall be made by written addenda. Any response by the Agency to a request for clarification to the Contract Documents will be made by written addendum and will be posted on the Agency’s website. If a Bidder has provided the Agency with their email address at a pre-bid meeting and requested electronic notification, the Agency will endeavor to send addenda electronically to the email addresses provided but makes no representation or warranty that Bidder will receive electronic notification; it is the Bidders sole responsibility to obtain any and all addenda. Any and all addenda shall be issued no later than 72 hours prior to the date and time fixed for the opening of bids. Failure of any Bidder to receive any addenda shall not relieve such Bidder from any obligations imposed by such addenda. All addenda so issued shall become part of the Contract Documents. Failure by the Bidder to include addenda in its bid may render the bid non-responsive and result in its rejection.

Pursuant to Public Contract Code section 4104.5, if the Agency issues an Addendum which includes material changes to the Work less than 72 hours prior to the deadline for submission of bids, the Agency will extend the deadline for submission of bids. The Agency may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.

It shall be the responsibility of all prospective Bidders to ensure that they have received any and all addenda. Each addendum will include a confirmation sheet indicating receipt of the addendum. This sheet must be signed and included with the bid for each addendum issued. Bids which do not include the confirmation sheet(s) for each addendum, if any, may be rejected as non-responsive at the sole discretion of the Agency.

6. ADDITIVE, DEDUCTIVE AND ALTERNATIVE BIDS
If an additive and/or alternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedule(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

The time required for completion of the additive/deductive or alternate bid items/schedules has been factored into the Contract Time and no additional time will be allowed for performing any of the alternate bid items unless the Contract Documents address this issue specifically and allow for more or less time based on the additive/deductive and/or alternative bids. Regardless of whether the additive/deductive or alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/deductive or alternate bid items/schedules, or to otherwise add or remove certain work from the scope of Work. Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Bidder for the Project.

7. WORK BY BIDDER’S OWN FORCES
It is the intention and requirement of the Agency to award a contract only to a Bidder who will perform with such Bidder’s own forces (those who are in direct employment of the Bidder’s organization) at least 50% of the work, exclusive of items designated on the Bid Schedule by the Agency as specialty items, if any. The percentage of work which will not be performed by a Bidder’s own forces will be determined by adding the dollar value of all contracts shown on the List of Subcontractors in the Bid Forms (excluding the dollar amount of the specialty bid items), and dividing this total by the Bidder’s Total Bid Amount (excluding the dollar amount of Specialty bid items).

The requirement for the Contractor to perform at least 50% of the contract work with its owns forces will be waived only for contracts where only a “B” License is required for the prime contractor.

8. LISTING OF SUBCONTRACTORS
The Bidder shall comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100 et seq. (“Subcontracting Act”). Any references in these Bid and Contract Documents to the requirements of the Subcontracting Act are for the Bidder’s reference, and shall not limit the Contractor’s obligations under law.

The Bidder shall set forth in the List of Subcontractors, of the Bid Forms:
a) The name, address, phone number, license number, Department of Industrial Relations registration number, the place of business of each subcontractor who will perform work, provide labor, or render service to the Bidder on or about the construction of the Work for this Project, or a subcontractor licensed by the State of California who, under subcontract to the Bidder, specially fabricates and installs a portion of the work or improvement according to these Bid and Contract Documents, in an amount in excess of one-half (½) of one percent (1%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half (½) of one percent (1%) of the Bidder’s total bid or ten thousand dollars ($10,000), whichever is greater. b) The portion of the work that each listed subcontractor described in item (a) above shall perform.

The Bidder shall list only one subcontractor for each portion of the Work as is defined by the Bidder in the List of Subcontractors section of the Bid Schedule. Partial submittal or failure to include all required information regarding subcontractors may preclude the full analysis and review of the Bid and may be cause to disqualify the Bid as non-responsive.

At the preconstruction meeting, Contractor shall submit a copy of all listed subcontractor(s)’ bids and subcontracts.

9. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the California Labor Code, Contractors and subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform to work on a public project pursuant to Section 1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by

the Contractor shall be returned to the Agency. The successful Bidder, as Contractor, shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

10. PREVAILING WAGES
The Bidder shall refer to Section 5-3 LABOR of the Special Provisions and Appendix 3 for all prevailing wage requirements.

The Agency HAS NOT obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

11. COMPLETION OF BID FORMS
Bids shall only be prepared using originals or copies of the Bid Forms included in the Contract Documents, Appendix 1 and all addenda. The use of Bid Forms other than clear and correct photocopies of those provided by the Agency may be rejected by the Agency in its sole discretion as non-responsive.

Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall not delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER TO COMPLETE ALL BID FORMS IS REQUIRED. Deviations in the Bid Form may be rejected by the Agency as non-responsive.

The signature of all persons signing the bid proposal shall be in longhand by an individual clearly authorized to bind the Bidder Company. The Bidder shall provide evidence that the individual(s) signing the Bid Forms are authorized to bind the legal entity of the Bidder. The notarization does not constitute such proof unless the legal entity of the Bidder is an individual.

12. SUBCONTRACTOR BIDS
Bidders shall include a copy of all bids by subcontractors listed in the bid documents as part of the bid package. The Agency may reject any bid as non-responsive that does not include copies of all listed subcontractor bids.

13. NOTARY PUBLIC
All signatures on the bid form, bid bond, Non-collusion Affidavit, the Contract and both required surety bond forms shall be notarized on each document.

14. BID GUARANTEE
Bids shall be accompanied by a certified check or a cashier’s check made payable to the order of the Agency, or a bid bond payable to the Agency and executed by the Bidder as principal and surety as obligor, in an amount equal to at least ten percent (10%) of the amount bid. The bond and Surety qualifications shall be in conformance with the General Provisions. Personal sureties and unregistered surety companies are unacceptable. Said check, or bond shall be given as a guarantee that the Bidder will enter a contract if awarded the work, and shall provide the required payment and performance bonds and insurance certificates and in case of within 5 working days after being requested to do so by the Agency. Refusal or failure to enter into said contract and provide the required documents may be result in forfeiture of the Bidder’s bid guarantee or bond to the Agency and the Agency may award the contract to another Bidder, or may call for new bids. A bid received and not accompanied by such certified check, cashier’s check, or approved bond will be considered non-responsive and rejected.

15. PENALTY FOR COLLUSION
If at any time it is found that the person, firm, or corporation to whom the Contract has been awarded, has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Agency may advertise for new bids and contract for such work. The Contractor and the Contractor’s sureties shall be liable to the Agency for all loss or damage, which the Agency may suffer thereby.

16. SUBMISSION OF SEALED BIDS
No oral or telegraphic modifications will be considered.

Bids may be mailed, sent by overnight delivery, delivered by messenger, or personally delivered to the office of the City Clerk located at in City Hall, 2200 Huntington Drive, San Marino, California 91108 in such manner to ensure receipt of the Bid on or before the day and hour set for the opening of bids in the Notice Inviting Bids. The bid shall be enclosed in a sealed envelope bearing the title of the project, the name of the Bidder, the date/hour of the opening, and the appropriate State Contractors license designation, which the Bidder holds. If by commercial carrier the sealed bid must be in a sealed box or envelope and the following shall be clearly legible marked on the outside of the sealed box or envelope, “SEALED BID FOR THE STREET REHABILITATION PROGRAM PROJECT - DO NOT OPEN WITH REGULAR MAIL”
It is the sole responsibility of the Bidder to see that their bid is received at the proper time. Any bids received after the scheduled closing time for receipt of bids shall not be opened and will be rejected. Late bids will be made available for the Bidder to retrieve up to 7 days after the bid opening. If the Bidder does not retrieve the late bid after 7 days, it will be disposed of by the Agency.

17. AGENCY PHONES WILL NOT BE AVAILABLE TO BIDDERS ON BID DAY Agency does not represent or warranty that any telephone service will be made available to prospective Bidders. It is the sole responsibility of the Bidder to make arrangements for any communications on Bid day.

18. PUBLIC OPENING OF BIDS
Bids shall be opened and read publicly and the aggregate bid of each Bidder shall be declared at the time and place indicated in the Notice Inviting Bids of these Contract Documents. Bidders or their authorized agents are invited to be present. The apparent low Bid amount and Bidder will be announced on the basis of how the bids shall be compared as stated in the Notice to Bidders or superseding Addenda. The Agency will subsequently evaluate Bid responsiveness, Bidder qualifications and responsibility, and any other matters Agency deems necessary to determine the lowest responsive and responsible bidder in accord with the Contract Documents.

19. BID RESULTS
To obtain bid results, either attend the bid opening or check the city website or the project page on PlanetBid.com. Bid results will not be provided over the telephone.

20. QUALIFICATIONS OF BIDS
After the bids are publicly opened, the Agency shall review all bids for responsiveness to these Instructions to Bidders, Bid Forms, and applicable law, compare the bids to the Engineer’s Estimate for value and to verify a balanced bid. After the lowest monetary and responsive Bidder has been determined, the Agency will review the Bidder in order to determine whether it is the lowest responsible Bidder. The term “responsible” is defined by California law, but generally means that the Bidder is able to demonstrate: (1) the capacity to perform the Work required by these Contract Documents with respect to financial strength, resources available, and experience; and (2) its integrity and trustworthiness to complete performance of the Work in accordance with the Contract Documents.

The Agency will make its determination of responsibility based upon information submitted by the Bidder contained in the Bid Forms and interviews with previous agencies, clients, design professionals, or subcontractors with whom the Bidder has worked.

The Agency in its absolute discretion reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in any Bid. The Agency may require Bidders to submit additional or clarifying information. A bid shall not be binding upon the Agency until after the Contract is signed by both the Contractor and the Agency and delivered to the Bidder by the Agency’s authorized representative.

21. DISQUALIFICATION OF BIDDERS
There are several reasons that the Agency may disqualify a Bidder. Some of the more common reasons Bidders are disqualified include, but are not limited to:
a) Bidder submits or has a financial interest in more than one bid. However, a person, firm, corporation or other entity that has submitted a proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a proposal or quoting prices to other Bidders

submitting a bid to the Agency. No person, firm, corporation, or other entity may submit a proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime bid for the Work. b) Submittal of unbalanced bids in which the prices for some items are out of proportion to the prices for other items of work.
c) Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress.
d) Uncompleted projects of similar scope and size or poor safety record, which, in the judgment of the Agency, might hinder or prevent the prompt completion of additional work if awarded. e) For being in arrears on existing contracts, history of claims, in litigation with the Agency, or having defaulted on a previous contract.
f) Lack of competency as revealed by the financial statements or statements of experience, plant, and equipment.
g) Lack of financial strength based on, but not limited to, financial statements, available resources, bonding capacity, or available insurance.
h) Evidence of collusion among Bidders.
i) Modification of a Bid Form.
j) Submittal of an incomplete bid and/or failure to include all required information either of which precludes full analysis and review of said Bid and/or which precludes meaningful comparison of the Bid with other bids received by the Agency.

22. WITHDRAWAL OF BID
Any proposal may be withdrawn prior to the hour and date for Bid Opening set forth in the Notice Inviting Bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such proposal, is filed with the Agency. The withdrawal of a proposal shall not prejudice the right of a Bidder to file a new proposal. Any request to withdraw a bid after bid opening must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within 5 working days, excluding Saturdays, Sundays and State holidays, specifying in detail how the mistake was made. Whether a bid is allowed to be withdrawn under PCC section 5100 et eq. shall be at the Agency’s sole discretion.

23. REJECTION OF BIDS
The Agency, in its absolute discretion, reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in the Bids. Bids may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind or if the confirmation of addenda and required supplemental information set forth in the bid forms are not submitted with the bid.

24. BID PROTEST PROCEDURE
Any bid protest relating to the form or content of the Bid, or in connection with the Contract Documents or responses to requests for clarification, or directly or indirectly concerning the Project must be submitted in writing to the Agency’s Procurement Officer at the Finance Department, 2200 Huntington Drive, San Marino, California 91108 at least 10 business days before the initial date set for the bid opening.

Any Bidder who submits a bid without making a protest shall be deemed to have waived any objection to the form or content of the Bid, in connection with the Contract Documents, responses to requests for clarification, and directly or indirectly concerning the Project not previously stated in writing.

Submitted bids will be made available for review upon written request of any Bidder.

Bidders may file a “bid protest” of any Bid(s) with the Agency’s Procurement Officer at the Finance Department, 2200 Huntington Drive, San Marino, California 91108. The bid protest must satisfy all of the following requirements:

A. Be filed in writing not later than 5:00 p.m. on the fifth business day after the bid opening date; B. Clearly identify the specific alleged irregularity or other basis for the bid protest; C. Specify, in detail, the factual and legal grounds for the bid protest; and D. Include all relevant supporting documentation with the bid protest at time of filing.

If the bid protest does not meet all of these requirements, the Agency may reject it without further review.

If the bid protest is timely and complies with all of the above requirements, the Agency’s Procurement Manager, or other designated Agency staff member, shall review the bid protest, any response from the challenged Bidder, and all other relevant information. The Agency may at its discretion prepare a response to the bid protest. Agency staff may make recommendations to the awarding authority to consider, accept, or reject any bid protest(s) in connection with the award of the contract for the Project.

STANDARD SPECIFICATIONS
The 2021 version of the “Standard Specifications for Public Works Construction” published by BNI Publications (the “Greenbook” or “SSPWC”) and all amendments thereto will serve as the standard specifications for the project, except as modified herein by these Special Provisions.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the STREET REHABILITATION PROGRAM PROJECT NO. 21-9271, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2021 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/or use tax upon any materials so furnished, including any unit prices and additive/deductive items. The undersigned has also carefully checked all of the figures given and understands that the Agency will not be responsible for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/or Contract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda No.(s)_______________________.

The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the STREET REHABILITATION PROGRAM PROJECT NO. 21-9271 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2021 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items shown on this proposal.

BASE BID SCHEDULE

ITEM ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE
ITEM
TOTAL
1 Mobilization (Final Pay Item) LS 1
2 Prepare and implement Stormwater
Pollution Prevention Plan (SWPPP) and
implement Temporary Construction Best
Management Practices (BMP's)
LS 1
3 Prepare and implement Temporary Traffic
Control Plan LS 1
4 Cold mill 1.5" existing AC and construct 1.5"
HMA Overlay. Adjust MH frame and cover,
water valve cover, and gas valve cover to
grade. Work limits are shown as Pavement
Type 1A
SF 32,848
5 Cold mill 2.0" existing AC and construct 2.0"
HMA Overlay. Adjust MH frame and cover,
water valve cover, and gas valve cover to
grade. Work limits are shown as Pavement
Type 1B
SF 489,013
6 Cold mill 2.5" existing AC and construct 2.5"
HMA Overlay. Adjust MH frame and cover,
water valve cover, and gas valve cover to
grade. Work limits are shown as Pavement
Type 1C
SF 244,468
7 Cold mill 3.0" existing AC and construct 3.0"
HMA Overlay. Adjust MH frame and cover,
water valve cover, and gas valve cover to
grade. Work limits are shown as Pavement
Type 1D
SF 45,112
8 Cold mill 3.5" existing AC and construct 3.5"
HMA Overlay. Adjust MH frame and cover,
water valve cover, and gas valve cover to
grade. Work limits are shown as Pavement
Type 2A
SF 20,719
9 Cold mill 4.0" existing AC and construct 4.0"
HMA Overlay. Adjust MH frame and cover,
water valve cover, and gas valve cover to
grade. Work limits are shown as Pavement
Type 2B
SF 8,283
10 2.5" Surface reconstruct pavement (Cold mill
and unclassified excavation 2.5" of existing
AC, base and subgrade; prepare subgrade;
and construct 2.5" HMA). Adjust MH frame
and cover, water valve cover, and gas valve
cover to grade. Work limits are shown as
Pavement Type 3A
SF 12,295

11 3.0" Surface reconstruct pavement (Cold mill
and unclassified excavation 3.0" of existing
AC, base and subgrade; prepare subgrade;
and construct 3.0" HMA). Adjust MH frame
and cover, water valve cover, and gas valve
cover to grade. Work limits are shown as
Pavement Type 3B
SF 65,404
12 5.0" Surface reconstruct pavement (Cold mill
and unclassified excavation 5.0" of existing
AC, base and subgrade; prepare subgrade;
and construct 5.0" HMA). Adjust MH frame
and cover, water valve cover, and gas valve
cover to grade. Work limits are shown as
Pavement Type 4
SF 7,491
13 3.0" Surface reconstruct pavement (Cold mill
and unclassified excavation 3.0" of existing
AC, base and subgrade; remove AC
overlaying concrete gutter lip; prepare
subgrade; and construct 3.0" HMA). Adjust
MH frame and cover, water valve cover, and
gas valve cover to grade. Work limits are
shown as Pavement treatment Type 5.

SF 12,902
14 4" Localized Pavement Repair. Remove
existing AC pavement section and roadway
base to 4" depth, construct 4" HMA B-PG
64-10
SF 19,209
15 6" Localized Pavement Repair. Remove
existing AC pavement section and roadway
base to 6" depth, construct 6" HMA B-PG
64-10
SF 26,148
16 8" Localized Pavement Repair. Remove
existing AC pavement section and roadway
base to 8" depth, construct 8" HMA B-PG
64-10
SF 4,808
17 Sawcut, remove existing, and construct 6" or
8" PCC curb & gutter per SPPWC Std Plan
120-2 (Type A2-6 or A2-8 to match existing)
including removal and replacement of 1-foot
strip x 8-inch depth of AC pavement section.

LF 13,318
18 Sawcut, remove existing, and construct 6'
wide PCC cross gutter per SPPWC Std Plan
122-3 (8" thick PCC over 6" CMB or match
existing if thicker) including removal and
replacement of 2-foot strip x 8-inch depth of
AC pavement section.

SF 1,402

19 Sawcut, remove existing, and construct
concrete driveway approach per SPPWC Std
Plan 110-2 (Match existing type), including
removal and replacement of integral concrete
curb for Type C driveway approaches.

SF 1,892
20 Remove and restore pavement traffic markings
and striping LS 1
21 Paint curb house numbering EA 426
22 Restore curb face painting LS 1

TOTAL BASE BID
******************************** END OF BASE BID ITEMS******************************* BASE BID TOTAL (in words) _______________________________________________________ Contractor's Initials ____________
In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

If an additive and/or alternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedule(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

Regardless of whether the additive/deductive or alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/deductive or alternate bid items/schedules, or to otherwise add or remove certain work from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency’s determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregularity(ies), and to take all bids under advisement for a period of 60 calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by “(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor’s own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above, including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected.

Complete the following:

Legal name of the business, DIR Reg. and Contractor License Nos.

Business Type (Corporation, Partnership, Sole Proprietor) DBA (if any)
Name and title of the owner
Name and title of second partner or officer
Business Address
Telephone number
Facsimile number
Name and Email address of primary contact
Company web address

Signature of Bidder Date Signature of Bidder Date

Print name and title Print name and title
(If the Bidder is a corporation two signatures of corporate officers are required.)

CERTIFICATE REGARDING CONTRACTOR'S LICENSE

1. Contractor is required to possess one of the following State Contractor's License:

State of California Classification A and/or C-12 Contractor’s License

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the City to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's license(s) which:
a. Bears the license number(s):
b. Expires on:

Signature of Bidder Date Signature of Bidder Date

Print name and title Print name and title
(If the Bidder is a corporation two signatures of corporate officers are required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least 7 days prior to the bid opening. The Agency may conduct a review of the contemplated work to re-evaluate the required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency’s decision as to the required license will be final.

BID SECURITY FORM FOR CHECK
NOTE: THE FOLLOWING FORM SHALL BE USED IN THE CASE OF CHECK ACCOMPANYING BID Accompanying this proposal is a Certified Check or Cashier’s Check payable to the order of the City of San Marino hereinafter referred to as "Agency", for _________________________________dollars [in words] ($_____________________________), this amount being 10 percent of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. If said Bid shall be rejected by the Agency;

B. If said Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/its faithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency.

Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/its bid within the period of 60 calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Date Signature of Bidder Date

Print name and title Print name and title
(If the Bidder is a corporation, two signatures of corporate officers are required.)

BID SECURITY FORM FOR BOND
KNOW ALL BY THESE PRESENTS:

That the undersigned
,
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITY OF SAN MARINO, a political subdivision of the State of California, as obligee, in the penal sum of Dollars ($ ) lawful money
of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal’s base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal is submitting a Bid for the Street Rehabilitation Program Project.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this ______ day of ______________________________, 20__.
(Month)
(Corporate Seal) By
Principal
By
Surety
(Corporate Seal) By

NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE SECTION 7106

NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares:

I am the ______________________ of _________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid.

The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________[date], at _____________[city], _______________[state].

Signature of Bidder Date Signature of Bidder Date

Print name and title Print name and title
(If the Bidder is a corporation, two signatures of corporate officers are required.)

CONTRACTOR’S REFERENCE LIST
Attach to this bid a list of three 3 projects in the past 5 years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar SIDEWALK REPLACEMENT experience shall be considered grounds for a non-responsive bid and, at the Agency’s discretion, said bid will be disqualified.

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:

Project Name:

Contract Price: Date of Completion:

Name, Address, and Telephone Number of Owner's Representative:
(Attach additional pages as necessary)

DESIGNATION OF SUBCONTRACTORS
Name of
Subcontractor and
Location of Place of
Business
Description of Work Subcontractor’s
License No.

DIR Registration
Number
(Bidder to attach additional sheets if necessary)
(PUBLIC CONTRACT CODE §4100 ET SEQ.)

BIDDER CERTIFICATIONS

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 9, below.

1. STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

2. CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

3. CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

4. CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF

LABOR CODE
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

5. CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

6. CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as

indicated on the separate sheet attached hereto entitled “Previous Disqualifications.” If a statement of “Previous Disqualifications” is attached, please explain the circumstances.

7. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

8. CERTIFICATION REGARDING DIR CONTRACTOR / SUBCONTRACTOR

REGISTRATION
By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor’s registration number is _____________________. Subcontractors’ registration numbers are as indicated in “Designation of Subcontractors.”

9. CERTIFICATION REGARDING PREQUALIFICATION INFORMATION Not applicable for this project.

BIDDER:

Signature of Bidder Date Signature of Bidder Date

Print name and title Print name and title
(If the Bidder is a corporation, two signatures of corporate officers are required.)

GENERAL PROVISIONS
PART ONE, GENERAL PROVISIONS, OF THE 2021 GREENBOOK IS REPLACED IN ITS ENTIRETY WITH THE FOLLOWING SECTIONS 1 THROUGH 9 WHICH IS INCORPORATED INTO THE CONTRACT DOCUMENTS AND SHALL APPLY TO THE PROJECT WORK.

SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-1 GENERAL. Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-2 TERMS AND DEFINITIONS
Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the Contract Documents. The term “Addendum” shall include bulletins and all other types of written notices issued to potential bidders prior to opening of the Bids.

Agency - The legal entity for which the Work is being performed.

Agreed Price - The cost for new or unforeseen work, or for adjustments in the Contract Unit Price for changes in the character of the work as specified herein, established by mutual agreement between the Contractor and the Agency.

Agreement - See Contract.

Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County.

AASHTO Designations - The latest revised Specifications of the American Association of State Highway and Transportation Officials.

Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing.

Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work.

Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative.

Board - The officer or body constituting the awarding authority of the Agency.

Bond - Bid, performance, or payment bond or other instrument of security.

Caltrans - The State of California Department of Transportation.

Cash Contract - A Contract financed by means other than special assessments.

Certificate of Compliance - A written document signed and submitted by a supplier or manufacturer that certifies that the material or assembled material supplied to the Work site conforms to the requirements of the Contract Documents.

Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor.

Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California.

Contract - The written agreement between the Agency and the Contractor covering the Work.

Contract Documents - The Contract, Addenda, notice inviting bids, instructions to bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award), Appendices, Exhibits, the Bonds, permits from jurisdictional regulatory agencies, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Change Orders, Bulletins and Supplemental Agreements.

Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under a permit issued by the Agency, the permittee shall be construed to be the Contractor. The term “prime contractor” shall mean the Contractor.

Contract Price - The total amount of money for which the Contract is awarded.

Contract Unit Price - The amount stated in the Bid for a single unit of an item of work.

County – County of Los Angeles
County Sealer - The Sealer of Weights and Measures of the county in which the Contract is awarded.

Days - Days shall mean consecutive calendar days unless otherwise specified in the Special Provisions.

Department - Where the word Department appears in the Standard Specifications, it shall mean the City of San Marino Parks and Public Works Department
Disputed Work - Work in which the Agency and the Contractor are in disagreement.

Electrolier - Street light assembly complete, including foundation, standard, mast arm, luminaire, etc.

Extra Work - New or unforeseen work not covered by a Contract Unit Price or Stipulated Unit Price.

Engineer - The Chief Engineer of the Agency, Director of Public Works, or other person designated by the Board, acting either directly or through authorized agents.

Federal – United States of America.

House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer.

Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified).

Mast Arm - The structural member, or bracket, which, when mounted on a Standard, supports the luminaire.

Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be issued after the effective date of the Contract.

Notice of Award - The written notice by the Agency to the successful Bidder stating that upon its compliance with the required conditions, the Agency will execute the Contract.

Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start.

Owner - The City of San Marino.

Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.

Plans - The drawings, profiles, cross sections, Standard Plans, working drawings, and shop drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work.

Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency.

Proposal - See Bid.

Reference Specifications - Those bulletins, standards, rules, methods of analysis or testing, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These shall refer to the latest edition, including amendments in effect and published at the time of advertising the Contract or issuing the permit, unless specifically referred to by edition, volume, or date.

Roadway - The portion of a street reserved for vehicular use.

Service Connection - All or any portion of the conduit cable or duct including meter, between a utility distribution line and an individual consumer.

Service Lateral Connection - The interface of the House Connection Sewer with the host pipe.

Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste.

Shop Drawings - Drawings showing details of manufactured or assembled products proposed to be incorporated into the Work.

Special Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the Work.

Specifications - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Change Orders or Supplemental Agreements between the Contractor and the Board.

Standard - The shaft or pole used to support street lighting luminaires, traffic signal heads, mast arms, etc.

Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in the Specifications by title or number.

Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”.

State - State of California.

Stipulated Unit Price - Unit prices established by the Agency in the Contract Documents.

Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water.

Street - Any road, highway, parkway, freeway, alley, walk, or way.

Subbase - A layer of specified material of planned thickness between the base and the subgrade.

Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work.

Subgrade - For roadways, that portion on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure.

Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work.

Supplemental Agreement - A written amendment of the Contract Documents signed by the Agency and the Contractor.

Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.

Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement.

Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services.

Working Day - Any day within the period between the date of the start of the Contract time as specified in 6-1 and the date of field acceptance of the Work by the Engineer, other than:

a) Saturday,
b) Sunday,
c) any day designated as a holiday by the Agency,
d) any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, e) any day the Contractor is prevented from working at the beginning of the workday for cause as specified herein, or
f) any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as specified herein.

Working Drawings - Drawings showing details not shown on the Plans which are required to be designed by the Contractor.
1-3 ABBREVIATIONS
1-3.1 General. The abbreviations are applicable to these Standard Specifications and the Special Provisions. Additional abbreviations shall be as specified on the Plans or in the Special Provisions. 1-3.2 Common Usage
Abbreviation Word or Words
ABS...........................Acrylonitrile Butadiene Styrene ADA.........................Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Sat. 1990, 42 USC 12101-12213 (as amended))
APC..........................Air Placed Concrete
ARHM......................Asphalt Rubber Hot Mix
ARAM......................Asphalt Rubber and Aggregate Membrane BMPs........................ Best Management Practices
CAB.......................... Crushed Aggregate Base
CAP A...................... Corrugated Aluminum Pipe Arch CAP.......................... Corrugated Aluminum Pipe
CBR.......................... California Bearing Ratio
CCFRPM................. Centrifugally Cast Fiberglass Reinforced Plastic Mortar CCR ......................... California Code of Regulations CCTV ...................... Closed Circuit TV
CHDPE.................... Corrugated High Density Polyethylene CIP............................ Cast Iron Pipe
CIPCP ...................... Cast-In-Place Concrete Pipe CIPP ......................... Cured-In-Place Pipe
CLSM ....................... Controlled Low Strength Material CMB......................... Crushed Miscellaneous Base CRM......................... Crumb Rubber Modifier
CRUMAC ............... Crumb Rubber Modified Asphalt Concrete CRUMAC-GG....... Crumb Rubber Modified Asphalt Concrete Gap Graded CQS ......................... Cationic Quick-Setting
CRS .......................... Cationic Rapid-Setting
CSP........................... Corrugated Steel Pipe
CSEP......................... Confined Space Entry Plan

CSP A....................... Corrugated Steel Pipe Arch CSP........................... Corrugated Steel Pipe
CSS ........................... Cationic Slow-Setting
CT............................. California Test
DIP ............................Ductile Iron Pipe
GG............................ Gap-Graded
HC............................ House Connection
HDPE....................... High Density Polyethylene
HRWRA.................. High Range Water Reducing Admixture LS .............................. Lump Sum
MC............................Medium Curing
Min............................Minimum
MSDS .......................Material Safety Data Sheet
MUTCD..................Manual on Uniform Traffic Control Devices NA ............................Not Applicable
OD ........................... Outside Diameter
P A V........................ Pressure Aging Vessel
PCC.......................... Portland Cement Concrete
PE.............................. Polyethylene
PG............................. Performance Graded
PLI............................. Pounds Per Linear Inch PMB.......................... Processed Miscellaneous Base PRCB........................ Precast Reinforced Concrete Box PVC.......................... Polyvinyl Chloride
RC.............................Rapid Curing
R ................................ Resistance Value
RA............................. Reclaimed Aggregates
RAC .........................Recycled Asphalt Concrete
RAP .......................... Reclaimed Asphalt Pavement RCP ..........................Reinforced Concrete Pipe
RPPCC.....................Reclaimed Plastic Portland Cement Concrete RTFO.......................Rolling Thin Film Oven
RW...........................Reclaimed Water
SAPPA...................... Structural Aluminum Plate Pipe Arch SAPP......................... Structural Aluminum Plate Pipe SC............................. Slow Curing
SCMs........................ Supplementary Cementitious Materials SDR. ......................... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness)
SE .............................. Sand Equivalent
SG............................. Specific Gravity
SI ............................... International System of Units (Metric) SLC........................... Service Lateral Connection SS .............................. Slow-Setting
SSPPA....................... Structural Steel Plate Pipe Arch SSPP.......................... Structural Steel Plate Pipe SWPPP..................... Storm Water Pollution Prevention Plan TCP ..........................Traffic Control Plan
TRMAC...................Tire Rubber Modified Asphalt Concrete

TTC..........................Temporary Traffic Control
U.S.C........................ United States Code
U.S. ........................... United States
VCP ..........................Vitrified clay pipe
VTCSH ....................Vehicle Traffic Controls Signal Heads WATCH .................Work Area Traffic Control Handbook WTAT.....................Wet Track Abrasion Test
X ............................... By
1-3.3 Institutions
Abbreviation Word or Words
AASHTO ................American Association of State Highway and Transportation Officials AISC.........................American Institute of Steel Construction ANSI.........................American National Standards Institute AREA .......................American Railway Engineering Association ASTM.......................American Society for Testing and Materials AWPA.....................American Wood Preservers Association AWS.........................American Welding Society
AWWA...................American Water Works Association EIA ............................ Electronic Industries Alliance EPA ........................... Environmental Protection Agency ETL ........................... Electrical Testing Laboratories FCC.......................... Federal Communications Commission GRI ........................... Geosynthetic Research Institute IEEE........................... Institute of Electrical and Electronics Engineers IMSA......................... International Municipal Signal Association ITE ............................ Institute of Transportation Engineers NEMA......................National Electrical Manufacturers Assn.

RUS ..........................Rural Utilities Service
SCE........................... Southern California Edison UL............................. Underwriters’ Laboratories Inc. 1-4 UNITS OF MEASURE
1-4.1 General. The U.S. Standard Measures, also referred to as the U.S. Customary System, is the principal measurement system in these Specifications and shall be used for construction, unless otherwise specified in the Special Provisions. The International System of Units, also referred to as SI or the metric system, is included in parenthesis. U.S. Standard Measures units may not be exactly equivalent to the SI units in parenthesis. If SI is specified for use in the Contract Documents, then all values used for construction shall be the SI units shown in parenthesis. Certain material specifications and test requirements contained herein use SI units specifically and U.S. Standard Measures have not been included in those circumstances.

Reference is also made to ASTM E380 for definitions of various units of the SI system and a more extensive set of conversion factors.

1-4.2 Units of Measure and Their Abbreviations
U.S. Customary Unit Equal To SI Unit
(Abbreviations) (Abbreviations)
I mil (= 0.001 inch) ........................................................... 25.4 micrometer (/lm) 1 inch ................................................................................... 25.4 millimeter (mm) 1 inch ................................................................................... 2.54 centimeter (cm) 1 foot (ft) ............................................................................ 0.3048 meter (m) 1 yard (yd).......................................................................... 0.9144 meter (m) 1 mile (mi) .......................................................................... 1.6093 kilometer (km) 1 square foot (ft2) ............................................................. 0.0929 square meter (m2) 1 square yard (yd2) ........................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) ................................................................ 0.0283 cubic meter (m3) 1 cubic yard (yd3) .............................................................. 0.7646 cubic meter (m3) 1 acre................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) .............................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz) ......................................................... 29.5735 milliliter (mL) 1 pound mass (lb) (avoirdupois).................................... 0.4536 kilogram (kg) 1 ounce mass (oz)............................................................. 0.02835 kilogram (kg) 1 Ton (= 2000 lb avoirdupois)....................................... 0.9072 Tonne (= 907 kg) 1 Poise................................................................................. 0.1 pascal . second (Pa . s) 1 centistoke (cs)................................................................ 1 square millimeters per second (mm2/s) 1 pound force (lbf)............................................................ 4.4482 Newton (N) 1 pounds per square inch (psi)...................................... 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft)....................................... 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-Ibf) .............................................. 1.3558 Joules (J) 1 foot-pound force per second (ft-Ibf) ........................ 1.3558 Watt (W) 1 part per million (ppm).................................................. 1 milligram/liter (mg/L) Temperature Units and Abbreviations
Degree Fahrenheit (oF): Degree Celsius (°C):
°f = (1.8 x °C) + 32 °C = (°F - 32)/1.8
SI Units (abbreviation) Commonly Used in Both Systems
1 Ampere (A)
1 Volt (V)
1 Candela (cd)
1 Lumen (lm)
1 second (s)
Common Metric Prefixes
kilo (k) ...........................................................................................103 centi (c).........................................................................................10-2 milli (m).........................................................................................10-3 micro (μ) .......................................................................................10-6 nano (n).........................................................................................10-9 pico (p ).........................................................................................10-12

1-5 SYMBOLS
% ..........................Percent
, ...........................Feet or minutes
“ ..........................Inches or seconds
1 ..........................Number
/ ...........................per or (between words) o ...........................Degree x ..........................Times
1-7 AWARD AND EXECUTION OF THE CONTRACT. Award and execution of the Contract shall be as provided for in the Special Provisions, Instructions to Bidders, and Notice Inviting Bids.

The Agreement shall be signed in triplicate by the Agency and the Contractor.

Execution of the Agreement by the Contractor is a representation that the Contractor has visited the Project Site(s), become familiar with the local conditions under which the Work is to be performed, and has correlated personal observations with the requirements of the Contract Documents.

The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Bid and Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Bid and Contract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words used in the Bid and Contract Documents, which have a well-known technical or trade meaning are used in accordance with such meanings. Abbreviations and symbols listed in Sections 1-3 and 1-5, together with others in general use, are applicable to the Bid and Contract Documents.

The organization of the Specifications into sections and the arrangement of Plans shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

The intent of the Bid and Contract Documents is to prescribe the details for construction and completion of the Work in accordance with the terms of the Contract. Where Bid and Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used.

Contractor is responsible for means and methods of construction using best practices in order to accomplish the construction and completion of the Work.

Any discrepancies between Bid and Contract Documents and conditions of the Site, or in the layout given by stakes, points or instructions, discovered by the Contractor shall be promptly brought to the attention of the Agency by written notice. Work done after such discovery, until authorized by the Agency, will be done at the Contractor’s risk.

In general, Specifications indicate qualities of materials and workmanship and Plans indicate dimensions, locations, quantities and details of construction. Figured dimensions take precedence over scaled measurements. Detailed Drawings and Specifications take precedence over general Drawings and Specifications. Supplementary details and instructions, approved revisions of later date and addenda take

precedence over original documents, information and earlier addenda. In the event of ambiguity or conflict in indicated quantity or in quality, the greater quantity and the better quality shall govern.

The Contractor and each subcontractor shall have or obtain a valid City business license prior to the start of work. 1-7.1 Review of Bid and Contract Documents. The Contractor certifies that (i) the Contractor has carefully examined the Project Site, has taken steps to obtain all information concerning Site conditions and is familiar with all conditions that are observable, could be known by reasonable inference or through diligent research (including information that the Agency made available to all bidders during the bid process, costs and physical conditions) affecting the performance of the Work; (ii) the Contractor has carefully examined the Bid and Contract Documents and the Bid and Contract Documents either (a) contain no significant error, ambiguity, conflict, inconsistency or omission or (b) the Contractor has requested additional information and clarification from the Agency in writing with respect to any such error, ambiguity, conflict, inconsistency or omission and has received such information and clarification from the Agency; (iii) the Bid and Contract Documents are sufficient to have enabled the Contractor to determine the cost and duration of the Work and to enter into the Contract and the Bid and Contract Documents are sufficient to construct the Work in accordance with all applicable laws, statutes, buildings codes and regulations and otherwise to fulfill the Contractor’s obligations under the Contract; and (iv) the Contractor has requested each Subcontractor to carefully examine the Project Site, information concerning Site conditions, and Bid and Contract Documents with respect to the portion of the Work to be performed by such Subcontractor and that each Subcontractor has certified to the Contractor that such Subcontractor requires no additional information or clarification to perform the portion of the Work to be performed by such Subcontractor except as may have been requested in writing by the Contractor and to which the Agency has responded.

The Contractor shall not be liable to the Agency for any damage relating to any errors, inconsistencies, or omissions in the Bid and Contract Documents, except where the Contractor recognized or should have recognized such errors, ambiguities, conflicts, inconsistencies, or omissions and failed to report such errors, ambiguities, conflicts, inconsistencies or omissions to the Agency. The Contractor shall perform no portion of the Work at any time without Bid and Contract Documents, or where required, approved shop drawings, product data or samples for such portion of the Work.

To the extent provided, the quantities given in the Bid and Contract Documents are approximate only, being given as a basis for the comparison of bids and the Agency does not, expressly or by implication, warrant or agree that the actual quantities will correspond therewith. The Agency reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit or delete portions of the Work, as may be deemed necessary or advisable by the Agency.

Information and test results which the Agency made available for review were for the convenience of bidders only and making such information and test results available is not to be construed in any way as a waiver of this section. The Agency does not guarantee that such information and test results are accurate and assumes no responsibility whatsoever as to their accuracy or their interpretation. 1-7.1.1 Penalty for Collusion. If, at any time, it is found that the Contractor has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and the Contractor’s sureties shall be liable for loss or damage which the Agency may suffer thereby, and the Agency may advertise for new bids for the Work.

1-7.1.2 Award of Contract. The proposals will be compared on the basis of the unit cost for each item listed in the proposal, and on the total of all base bid items. If the contract is awarded it will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and described herein for comparison purposes.

A Responsive bid is one that meets all the requirements of the advertisement and proposal. A Responsible bidder is one who is physically organized and equipped with the financial ability to undertake and complete the contract.

Reasons to reject a bid as “nonresponsive” include, but are not limited to:
• Failure to sign the bid
• Failure to furnish the required bid bond
• Failure to include a unit bid price for each item
• Failure to include a total amount for the bid
• Failure to prepare the bid in ink
• Failure to submit a completed addenda certification statement • Failure to submit a Non-Collusion Affidavit
• Failure to commit to the achievement of the DBE contract goals or demonstrate good faith efforts to do so
• Inclusion of conditions or qualifications not provided for in the specifications • Submission of a materially unbalanced bid
Reasons to deem a bidder “not responsible” include but are not limited to:
• Failure to meet the local agency’s qualification requirements, or • Past unsatisfactory performance that may involve quality of workmanship, safety, supervision, timeliness, false claims, compliance with contract requirements, compliance with local, state of federal regulations, or
• Debarment by any governmental agency, or
• Failure to provide adequate proof of sufficient financial resources to execute and complete the project considering the Contractor’s entire work load when requested, or • Failure to provide evidence of qualified personnel that will supervise the project when requested, or • Such award, if made, will be within sixty days after the opening of the proposals. All proposals will be compared on the basis of the Engineer’s Estimate of the quantities of work to be done. The contractor shall submit to the Agency, when requested and prior to the award of the contract, a financial statement that indicates the contractor’s ability to perform the project. 1-7.1.3 Execution of Contract. The Agency will mail the contract to the successful bidder. The Contract shall be signed by the successful bidder in triplicate counterpart and returned, together with the contract bonds and insurance certificates, within ten (10) working days from mailing the Contract to the contractor. No contract shall be binding upon the Agency until it has been completely executed by the contractor and the Agency.

Failure to execute a Contract and file acceptable bonds and insurance certificates as provided herein within the time limit above is just cause for the annulment of the award and the forfeiture of the bid security. The Agency reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.

1-7.1.4 Document Ownership. Once the Contractor has received any compensation for the Work performed, all electronic or hard copy documents, e.g., original plans, studies, sketches, drawings, computer printouts and files, and specifications prepared in connection with or related to the Work shall be the property of Agency. The Agency’s ownership of these documents includes use of, reproduction or reuse of, and all incidental rights, whether or not the item of the Work for which they were prepared has been performed. Additionally, Contractor shall provide Agency with all bid preparation materials, including but not limited to spreadsheets, takeoffs, cost estimating programs and data, schedules and look aheads, and subcontractor proposals, agreements and change order requests. 1-7.1.5 Successor’s Obligations. All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in the Contract Documents shall be read and held as made by and with, and granted to and imposed upon, the Contractor and the Agency and their respective heirs, executors, administrators, successors, and assigns.
1-7.1.6 Waiver of Legal Rights. The failure of the Agency to insist, in any one or more instances, upon the performance of any provision of the Contract, or to exercise any right therein, shall not be construed as a waiver or relinquishment of such provisions or rights. Any waiver of any breach of this contract shall not be held to be a waiver of any other or subsequent breach.

Any waiver issued by the Agency of any provision of the Contract shall only be effective if issued in writing by the Agency and shall be specific, shall apply only to the particular matter concerned and not to other similar or dissimilar matters.
1-7.1.7 Requests for Information (RFI). If the work to be done is not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit in writing a request to the Engineer for further explanations. Questions related to the Work shall be addressed to the Engineer for the Engineer’s decision pursuant to 3-4, “AUTHORITY OF THE BOARD AND THE ENGINEER.” 1-7.1.8 Headings. All section headings are for convenience only and shall not affect the interpretation of this contract.
1-7.1.9 Cumulative Remedies. The duties and obligations imposed by this contract and the rights and remedies available hereunder to the Parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the Contractor by this contract and all of the rights and remedies available to Agency thereunder; are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents. 1-7.1.101 Written Notice. Notices to the Contractor shall be in writing and shall be deemed to have been fully served if delivered in person at the Project Site or Contractor’s address shown in the agreement, sent by registered or certified mail to the Contractor’s address shown in the Agreement.

Notices to the Agency shall be in writing and shall be deemed to have been fully served if delivered in person at or sent by registered or certified mail to:

City Engineer
Parks and Public Works Department
City of San Marino
2200 Huntington Drive
San Marino, California 91106
Either party may change its address for notices by delivery of written notice of the change in conformance with this section
1-7.2 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of US. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in the Code of Civil Procedure, Section 995.660 a). The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and the Surety.

The signature of the authorized agent of the Surety shall be notarized.

The Bidder shall provide two (2) good and sufficient surety bonds:

The “Payment Bond” (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the performance of the Contract is accepted by the Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.

The “Performance Bond” shall be for 100 percent of the Contract Price to guaranty faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects. Upon Agency’s acceptance of the Project work, Agency may at its sole discretion allow a substitute Performance Bond in an estimated amount to cover any repair, reconstruction or rework that may be required during any applicable warranty periods plus any attorneys’ fees and costs in enforcing the obligations secured by the bond. Under no circumstances shall Contractor be relieved from its obligations to properly perform the requirements of the Contract and Contract Documents in accord with best practices in a good and workmanlike fashion.

The bond must remain in effect until the end of all warranty periods set forth in the Contract Documents.

The Performance and Payment Bonds shall provide for payment of attorney fees and costs incurred by Agency in enforcing the obligations secured by the bond.

Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency.

Should any surety at any time be unsatisfactory to the Agency, notice to that effect will be given to the Contractor. No further payments shall be deemed due or will be made under the Contract until a new surety qualifies and is accepted by the Agency.

Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or the Surety from its obligations. As a condition of providing a bond for this project the Surety waives any notice requirements of such changes in work or extensions of time.

SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE. The work to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, machinery, supplies and manufactured articles, and for furnishing all transportation, services, including fuel, power and water and essential communications, and the performance of all labor, work or other operations required for the fulfillment of the Contract, in strict accordance with the specifications, schedules and drawings, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Engineer from time to time during the construction in explanation of said drawings.

The work shall be complete, and all work material and services not expressly called for in the specifications, or not shown on the drawings which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to the Agency.
2-2 PERMITS. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for encroachment in the public right of way, building, construction, excavation, plumbing, electrical, mechanical, night work, overload, blasting, and demolition.
2-2.1 Licenses. The contractor and subcontractors shall obtain and pay costs incurred for all licenses as required by their operations, including municipal business license(s). 2-2.2 Agency Permits. The Contractor must obtain and pay for all business taxes, permits, and fees required for constructing the Project and licenses and inspections necessary for the proper execution and completion of the Work unless specified otherwise in the Contract Documents.

The contractor shall obtain and pay costs incurred for all Permits from adjoining agencies such as but not limited to Caltrans for encroachment or traffic control permits, MTS for work adjacent to rail lines necessitated by his operations, Cal-OSHA, etc., (if required).

The Environmental Quality Act of 1970 (Chapter 1433, Stats. 1970), as amended, may be applicable to permits, licenses, and other authorizations, which the Contractor must obtain from agencies in connection with performing the Work of the Contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses, and other authorizations and they shall be obtained in sufficient time to prevent delays to the Work.
2-2.4 Payment. Except as specified herein or provided for elsewhere in these Special Provisions as being included in specific contract items of work, compliance with the provisions of Section 2-2, shall be considered as included in the various contract items of work to which such regulations are applicable and no additional compensation shall be made therefore. Further, the enforcement of any requirements of the permits mentioned above during the performance of the Work shall not be the basis for any additional compensation.
2-3 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions.

The Contractor shall confine operations to the areas shown unless special arrangements are otherwise made with individual property owners. The Contractor shall obtain a written release from the property owner and provide a copy of said release to the Agency for any special arrangements made with property owners prior to any action relating to the special arrangement is taken by the Contractor. Furthermore, the Contractor shall conduct operations in accordance with any other provisions and shall observe any restrictions contained in these Special Provisions or as directed by the Engineer concerning work on private property.
2-4 COOPERATION AND COLLATERAL WORK. The Engineer may award contract extensions for delays caused by utilities or third parties at the sole discretion of the Engineer. No additional compensation will be made for such delays. If the Contractor receives damages form a third party for delays to the project by third parties the Agency will not grant a time extension to the project. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.1 General. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work.

The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work.

These accommodations shall be maintained in a neat and sanitary condition, and regularly pumped out. 2-5.2 Temporary Utility Services. The Contractor shall make all arrangements necessary for the provision of temporary utility services necessary for its own use during performance of the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining a permit from the water utility owner and the Agency.

All costs associated with procuring and use of temporary utility services shall be considered incidental to the items of work that they are associated with and there shall be no additional costs to the Agency.

The use of utilities from sources other than utility companies is strictly prohibited without prior written approval from the Engineer and the owner from which the utilities will be drawn. The Contractor shall also provide a written release from the property owner absolving the Agency from any and all responsibility in connection with storage of materials or equipment on said property. The Agency must approve the form and content of any release.

The Contractor shall contact California American Water Company to obtain a construction water meter and to determine all terms, costs, conditions and regulations imposed on the Contractor for use thereof.

The Contractor shall pay all costs associated with procuring and providing water for construction. 2-5.2.1 Contractor’s Yard. The Contractor shall be solely responsible for yard site procurement, security, and liability. The yard shall be fenced, lighted and locked. A guard dog shall not utilized at the yard.

Stockpile of material and equipment storage locations shall be selected by the Contractor subject to approval by the Engineer. When any material or equipment is to be stored outside the highway or street right-of-way or other Agency property, the Contractor shall first obtain a written permit from the property owner on whose property the storage is to be made.

The Contractor shall file with the Engineer said permit or a certified true copy thereof, together with a written release from the property owner absolving the Agency from any and all responsibility in connection with storage of materials or equipment on said property. The Agency must approve the form and content of any release.

The Contractor shall leave all storage areas in a neat clean condition, satisfactory to the Engineer and in accordance with the provisions of storage permits set by owner.

Full compensation for complying with the requirements of this Provision shall be considered as included in the Contract price paid for various items of work and there shall be no additional costs to the Agency.

2.5.3 Crushing and Screening Operations. Unless otherwise specified in the Special Provisions, the establishment and operation of portable screens and crushers will not be allowed on or adjacent to the Work site.
2-5.4 Haul Routes. Unless otherwise specified in the Special Provisions, haul routes shall be determined by the Contractor.
2-6 CHANGES REQUESTED BY THE CONTRACTOR
2-6.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. Any such changes shall not be effective or allowed until the Engineer has issued a signed change order or bulletin. 2-6.2 Payment for Changes Requested by the Contractor. If such changes are allowed by the Agency, they shall be made at a reduction in cost to the Agency to reflect the time and cost savings achieved by the Contractor. Agency and Contractor shall agree to the amount of such deductive changes prior to any work being performed or relieved from performance. Under no circumstances shall such changes result in additional costs to the Agency.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order.

Change Orders shall be in writing and state the dollar value of the change or establish the method of payment, any adjustment in the Contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. Change Orders shall include all direct and indirect costs and time impacts including but not limited to profits and extended home office overhead associated with the changes contemplated in the Change Order. 2-9 CHANGED CONDITIONS. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall

have first given the Engineer due written notice of potential claim as hereinafter specified. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs any work giving rise to the potential claim and under no circumstances greater than 24 hours from the time of the discovery of the changed condition by Contractor. The Contractor’s failure to give timely written notice of potential claim for changed conditions to the Agency upon their discovery, and before they are disturbed, shall constitute a waiver of all claims in connection therewith.

No action will be taken by the Contractor that may be the subject of an extra claim by the Contractor without written direction and approval of the Engineer.

The Contractor shall provide the Agency with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within FIVE (5) working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are not allowed.

The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655.
“The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the Agency’s proposed final estimate in order for it to be further considered.” By: Title:

Date:

Company Name:

The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within ten (10) working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.

Extra work that follows a changed condition must be documented and confirmed daily with the Engineer’s representative. Failure to provide daily accounting at the end of each day to the Engineer’s representative shall constitute a waiver of any claim for the work of that day. Failure to give the Engineer 24 hour notice of this work so it may be observed, documented and inspected shall constitute a waiver of any claim for the work of that day.

It is the intention of this section that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Engineer at the earliest possible time, but no later than that which is required herein, in order that such matters may be settled, if possible, or other appropriate action may be promptly taken.

Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-3.2 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities.
2-10 DISPUTED WORK. If the Contractor and the Agency are unable to reach agreement, the Agency may direct the Contractor to proceed with the Disputed Work. Payment shall be as later determined by mediation or arbitration, if the Agency and Contractor agree thereto, or as fixed in a court of law.

Although not to be construed as proceeding under 7-4, the Contractor shall keep and furnish records of Disputed Work to the Engineer in accordance with 7-4.
2-10.1 DISPUTE RESOLUTION PROCEDURES
2-10.2 Informal Dispute Resolution. Prior to proceeding with mandatory mediation the contractor shall attempt to resolve all disputes informally through the Agency’s chain of command, to and including the most senior executive.

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.

Public Contract Code Section 9204 applies to a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by Agency.

Upon receipt of a Claim the Agency shall conduct a reasonable review of the Claim and within 45 days, shall provide Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Should Agency take no action on the Claim within 45 days of submission, it shall be deemed denied.

If the Contractor disputes Agency’s response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute. Agency shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference Agency shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. If the Contractor disputes Agency’s statement it shall inform Agency and they shall mutually agree to a mediator within 10 business days of the written statement.

Agency shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion.

2-10.3 Mandatory Mediation. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Agency and the claimant sharing the associated costs equally. The Agency 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 q(ualified 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. Mediation shall be held before the Judicial Arbitration and Mediation Service (“JAMS”).

In the event JAMS is no longer in business and there is no comparable successor, then the parties shall agree upon another mediator. If the parties cannot agree upon another mediator, then a single neutral mediator shall be appointed pursuant to Section 1281.6 of the Code of Civil Procedure substituting the term “mediator” for “arbitrator.”
If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.

For claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a).

The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action.

Failure by the Agency 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.

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against the Agency because privity of contract does not exist, the Contractor may present to the Agency 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 Agency and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done so.
2-10.4 Conduct of Mediation Sessions

1. Mediation hearings will be conducted in an informal manner and discovery will not be allowed.

2. The discussions, statements, or admissions will be confidential to the proceedings, subject to all applicable evidentiary and mediation privileges including but not limited to Evidence Code § 1152, et seq., and will not be used for any other purpose as it relates to the party’s legal position. The parties may agree to exchange any information they deem necessary.

3. Both parties must have an authorized representative attend the mediation. Each representative must have the authority to recommend entering into a settlement; provided however that in the case of the Agency any recommended settlement is contingent upon the approval of Agency’s city council or governing board. Either party may have attorney(s), witnesses or expert(s) present. Either party may request a list of witnesses and notification whether attorney(s) will be present.

4. Any resultant agreements from mediation must be documented in writing. Mediation results and documentation, by themselves, must be “non-binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both parties. Mediators must not be subject to any subpoena or liability and their actions must not be subject to discovery. 2-10.5 Claim Certification Requirements. If the claim seeks an increase in the Contract Price, the Contract Time, or both, the Contractor shall submit with the claim an affidavit certifying that:
a) The claim is made in good faith and covers all costs and delays to which the Contractor is entitled as a result of the event(s) giving rise to the claim;
b) The amount claimed accurately reflects the adjustments in the Contract Price, the Contract Time, or both to which the Contractor believes it is entitled; and c) All supporting costs and pricing data are current, accurate, complete, and represent the best of the Contractor’s knowledge and belief.

The claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655.
“The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the Agency’s proposed final estimate in order for it to be further considered.” By: Title:

Date:

Company Name:

The Contractor shall ensure that the affidavit is executed by an official who has the authority to legally bind Contractor.
2-10.6 Work Continuance. Unless otherwise agreed between the Agency and the Contractor in writing, the Contractor shall carry on the Work and maintain its progress during any dispute and the Agency shall continue to make payments to the Contractor for matters not in dispute in accordance with the Bid and Contract Documents.

2-10.7 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to the Services provided under this contract, upon the Agency’s request, the Contractor agrees to assist in resolving the dispute or litigation. The Contractor assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution, litigation, or both. 2-10.8 Attorney Fees Related To Mandatory Assistance. In providing the Agency with dispute or litigation assistance, the Contractor and or Subcontractors or their agents, officers, and employees may incur expenses and or costs. The Contractor agrees that any attorney fees and costs it may incur are not reimbursable.
2-10.9 Compensation for Mandatory Assistance. In its sole discretion, the Agency may choose to reimburse the Contractor for reasonable fees and expenses incurred by the Contractor for any required assistance rendered in accordance with “Mandatory Assistance” as Extra Work. The Agency in its sole discretion shall determine whether these fees and expenses were necessary due to the conduct of or failure to act by the Contractor or Subcontractors or their respective agents, officers, and employees. If the Agency determines that the basis of the dispute or litigation in which these fees and expenses were incurred were the result of the conduct of or failure to act by the Contractor or Subcontractors or their respective agents, officers, and employees, in part or in whole, the Agency shall be entitled to be reimbursed for any payments made for these fees and expenses.

Reimbursement may be through any legal means necessary, including the Agency’s withholding of payment. 2-10.10 Costs Relating To Weather Damage. The Contractor shall have no claims against the Agency for damages to any elements of the project resulting from the action of the elements, weather or nature. If, however, in the opinion of the Engineer, Contractor has made all reasonable efforts to protect the Work, Contractor may be granted a reasonable extension of Contract Time to make proper repairs, renewals, and replacements of Work in accordance with Section 6, “PROSECUTION AND PROGRESS OF THE WORK.”

SECTION 3 - CONTROL OF THE WORK
3-1 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default.

The Agency and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants, agreements and obligations contained in the Bid and Contract Documents.
3-1.1 Assignment to Awarding Body. In accordance with §7103.5(b) of the California Public Contract Code (A.B. 3416), Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a Subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the Subcontract.

2. This assignment must be made and become effective at the time the awarding body tenders to you, without further acknowledgment by the Parties.
3-1.2 Contractor Indebtedness. Indebtedness incurred for any cause in connection with this work must be paid by the Contractor, and the Agency is hereby relieved at all times from any indebtedness or claim other than payments under terms of the contract and the Contractor will indemnify and hold harmless the Agency and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness.
3-2 Self-Performance. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer.

The requirement for the Contractor to perform at least 50% of the contract work with its own forces will be waived only for contracts where only a “B” License is required for the prime contractor.

3-3 SUBCONTRACTORS
3-3.1 General. The Contractor agrees to bind in writing all Subcontractors and materials suppliers to the terms of the Bid and Contract Documents.

Contractor shall submit a copy of all listed subcontractor bids with their bid package.

Each Bidder shall comply with Chapter 4 of the Public Contract Code including Sections 4100 through 4113.

The Bidder shall set forth in the Bid, pursuant to 4104:
“(a) (1) The name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. (2) An inadvertent error in listing the California contractor license number or public works contractor registration number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor.
(3) (A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name, location of business, the California contractor license number, and the public works contractor registration number, may be submitted by the prime contractor up to 24 hours after the deadline established by the officer, department, board, or commission for receipt of bids by prime contractors.
(B) A state or local agency may implement subparagraph (A) at its option.” “b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his or her bid.”
If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the Work to be performed under the Contract (in excess of one-half of I percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code.

Pursuant to Section 4107, no Contractor whose Bid is accepted shall substitute any person as a Subcontractor in place of a Subcontractor listed in the Bid, except for the causes and by the procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor.

Section 4110 provides that a Contractor violating any of the provisions of Chapter 4 violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing.

Subcontractors shall be qualified, sufficiently experienced, and appropriately licensed, and specifically qualified where required by the contract documents.

No subcontract releases the Contractor from the Contract, lessens Contractor’s responsibility for timely completing the Project work in accord with best construction practices, or relieves the Contractor of its responsibility for a subcontractor’s work.

If the Contractor violates Public Contract Code § 4100 et seq., the Agency may exercise the remedies provided under Public Contract Code § 4110. The Agency may refer the violation to the Contractors State License Board as provided under Public Contract Code § 4111.

By an appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Bid and Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Bid and Contract Documents, assumes toward the Agency, except for the provisions of Section 5-4, Contractor’s Insurance, Section 5-4.1, Policies, paragraphs (i), (ii), and (iii) of these General Provisions relating to the limits of insurance coverage. The limits of insurance coverage for liability and business auto policies required by the Contractor from each Subcontractor shall be determined by the Contractor.

Each subcontract shall include an indemnity agreement in the form of Section 5-9, Indemnification, in favor of the Agency and its respective employees and agents. The Subcontractors shall name the parties described in Section 5-4.3, Endorsements, as additionally insured, but only with respect to work done by, for, or on behalf of the named insures, in any liability insurance policies maintained by the Subcontractors.

Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Agency is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.

The Contractor-Subcontractor agreements shall preserve and protect the rights of the Agency under the Bid and Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor -Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Documents, has against the Agency.

Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with their sub-Subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Bid and Contract Documents to which the Subcontractor will be bound by this Section and identify to the Subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Bid and Contract Documents. Each Subcontractor shall similarly make copies of such Bid and Contract Documents available to their sub-Subcontractors.

The Contractor shall be fully responsible for the acts and omissions of the Contractor’s Subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor.

When a portion of the Work subcontracted by the Contractor is not being performed in a manner satisfactory to the Agency, the Agency shall notify the Contractor and shall inform the Contractor of the deficiencies in the Subcontractor’s execution of the Work. If the Subcontractor fails to correct such deficiencies within five (5) days after Contractor’s receipt of notification from the Agency, the Contractor shall cause the Subcontractor to be removed immediately from the Work.

Each Subcontractor and materials supplier shall agree in writing to be bound by and submit any disputes under its contract for resolution in accordance with the dispute resolution provisions set forth in the sections addressing claims for damages.

The Contractor shall require each Subcontractor and materials supplier to agree in writing to utilize any reserve gate set aside, at the Agency’s election, for use by the Subcontractor, its suppliers and employees, or the materials supplier. Contractor shall require each Subcontractor and materials supplier to agree in writing to perform its obligations under this Contract notwithstanding the presence of pickets, labor protests, and/or strike activities at the reserve gate.

Each subcontractor must have an active and valid State contractor’s license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).

Contractor shall not use a debarred subcontractor; a current list of debarred contractors is available at the Department of Industrial Relations’ Web site. However, Contractor is responsible for making sure that all of its subcontractors are properly licensed and not disbarred. 3-3.2 Suppliers List. The Contractor warrants that it has listed all Suppliers known to the Contractor at the time of Award on the Agency provided forms contained in the Contract Documents. If other Suppliers are required, that were not listed by the Contractor prior to Award, the Contractor shall let the supply subcontract in accordance with a competitive bidding process performed at the Contractor’s expense.
3-3.3 Subcontractor List. The listing of Subcontractors provided by the Contractor, in compliance with the “Subletting and Subcontracting Fair Practices Act” (Public Contract Code §§4100-4114, inclusive), shall not be modified without the prior written approval of the Agency.

If at any time after Award of the Contract the Contractor identifies a need for additional Subcontractor services, the Contractor shall immediately request in writing the Agency’s consent. The request shall include a justification, a description of the work, and an estimate of the costs for the services. The Agency shall make the sole and final determination as to the acceptance of the addition or substitution on any subcontractor. There shall be no adjustment to the contract price in the event Contractor identifies a need for additional Subcontractor services, regardless of whether the Agency approves or denies the request.
3-3.5 Status of Subcontractors. The Contractor shall give personal attention to the fulfillment of the Contract. The Contractor shall keep the Work under its control.

Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work.
3-3.6 Subcontract Requirements. The Contractor shall incorporate these specifications in its Subcontracts to the extent of the Work to be performed by such Subcontractor.

The Contractor shall obtain or require that each Subcontractor obtain insurance policies in accordance with section 5-4, “INSURANCE” which shall be kept in full force and effect during Work on this project and for the duration of this contract.

In any dispute between the Contractor and the Subcontractor the Agency shall not be made a party to any judicial or administrative proceeding to resolve the dispute.

The Subcontractors must be qualified and sufficiently experienced. You must ensure that your Subcontractors are appropriately licensed for the duration of the Work that is performed under the Subcontracts. In the event the Subcontractor is not properly licensed, you must cease payment to the Subcontractor for all work performed when the Subcontractor was not properly licensed. You must return to the Agency any payment you made to a Subcontractor for work performed when the Subcontractor was not licensed.

Where the Contract Documents require that a particular product be installed or applied by an applicator approved by the manufacturer, Contractor shall ensure the Subcontractor or Supplier employed for such work is approved by the manufacturer and provide proof of such approval upon request of Agency. 3-4 AUTHORITY OF THE BOARD AND THE ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer.

The decision of the Engineer is final and binding on all questions relating to:
a) quantities;
b) acceptability of material, equipment, or work;
c) execution, progress or sequence of work; and
d) interpretation of the Plans, Specifications, or other Contract Documents. e) Any other areas specifically identified in the Contract Documents or under the law.

Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board.
3-5 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon at least one working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise approved. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards and while in storage, as well as to the Work site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these Specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract and the Project Documents.

Contractor is solely responsible for completing the Project work using best construction practices in a good and workmanlike fashion.

Defective work, unsuitable material(s) and equipment may be rejected notwithstanding and regardless of the fact that such defective work, unsuitable materials and equipment may or may not have been previously inspected by the Agency’s Representative or that payment therefore has been included in an estimate for payment. Any defective work, unsuitable material(s) and equipment shall be replaced immediately to original contract specifications and any other improvements damaged as a results such replacement shall be repaired to as good or better condition. All such work shall be done at Contractor’s expense, and there shall be no costs to the Agency.

All costs of inspection and testing performed during overtime work by the Contractor, which is allowed solely for the convenience of the Contractor shall be borne by the Contractor. The Agency shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the Contractor. The value of services rendered for these purposes shall be at full cost recovery rates. 3-5.1 Inspection by Other Agencies and Utilities. Whenever any part of the Work to be performed is under the jurisdiction or control or is to be paid for, in whole or in part, by another public subdivision, entity, jurisdiction or utility company, such Work shall be subject to inspection and approval by the proper officials of such entities or jurisdictions, and it must pass inspection, in addition to Agency inspection, and such other inspections as may be otherwise provided for in the Bid and Contract Documents.

The Contractor shall schedule separate preconstruction meetings for each agency or utility prior to commencing work within their jurisdiction.

The Contractor is solely responsible for requesting and coordinating such inspections. 3-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting the Work, the Contractor shall designate in writing a representative who shall have complete authority to act on behalf of and obligate the Contractor. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative.

In order to communicate with the Agency, the Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language.

The Engineer may deduct the value of superintendence (value shall be determined by the reasonable cost of provide and a superintendent, transportation and communication) from amounts due to the Contractor for any partial or complete failure to provide superintendence to the Project. 3-6.1 Project Meetings. Your representatives e.g., field supervisor, superintendent, and project manager, must attend weekly and other scheduled construction meetings as required by the Engineer. If any of your staff cannot attend, you must notify the Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting. If you do not provide the required notification, you must pay for the costs of the Agency’s staff, Consultants, or both that attend. You will be charged a minimum of 2 hours

of the Engineer’s time plus the time of the Agency’s other employees or representatives that attend the meeting at full cost recover rates.
3-7 CONTRACT DOCUMENTS.
3-7.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications and will provide the Engineer with access at all times.

The Plans, Specifications, Contract Documents, reference materials, codes and regulations shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both.

The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work.

The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer in writing. If the Contractor fails to inform the Engineer in writing of any ambiguity, conflict, error or omission contained within the Contract Documents, any costs incurred by the contractor or additional future costs resulting from the Contractor’s action or inaction shall be borne solely by the Contractor and there shall be no cost to the Agency. 3-7.2 Precedence of the Contract Documents. If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The precedence shall be as follows:
1) Permits of other agencies as may be required by law. 2) Change Orders and Supplemental Agreements; whichever occurs last. 3) Contract/Agreement
4) Addenda
5) Bid Schedule
6) Project Special Provisions
7) Project Plans
8) Agency Standard Drawings
9) Utility Standard Drawings
10) Regional Standard Drawings
11) Regional Supplement
12) “Greenbook 2021” Standard Specifications for Public Works Construction (excepted as specifically modified herein)
13) Reference Specifications
Detail drawings shall take precedence over general drawings.

Other controlling drawings and codes:

STANDARD SPECIFICATIONS/CODES are the most current edition at the time of bidding.

1. Standard Specifications for Public Works Construction (Greenbook) and all Regional Supplements.

2. Manual for Uniform Traffic Control Devices for the State of California (Current edition).

3. State of California Mechanical, Electrical and Plumbing Codes.

4. All local utilities’ standards, regulations and codes.

STANDARD DRAWINGS are the most current at the time of bidding.

1. Agency’s Standard Drawings and supplements.

2. State of California Mechanical, Electrical and Plumbing Codes related drawings.

3. All local utilities’ standard drawings.

4. State and Federal Standard Drawings.
3-8 SUBMITTALS.
3-8.1 General. Anything required to be provided by the Contractor to the Agency for review, acceptance or approval is a submittal. Submittals shall be provided, at the Contractor’s expense as required by the Contract Documents, or when requested by the Engineer when needed to ensure consistency, quality, function, conformance, durability, compatibility or any other reason deemed necessary by the Engineer. The Agency shall provide an initial submittal review and one re-review for each resubmittal. The cost of all additional re-reviews for each submittal shall be paid for by the Contractor.

The Agency may deduct the costs of the additional re-reviews from any monies owed to the Contractor.

Materials shall not be furnished or fabricated, or shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted without exception by the Engineer. Review or acceptance of the submittals by the Engineer shall not relieve the Contractor from responsibility for ambiguities, conflicts, errors, omissions, or deviations from the Contract Documents, unless Contractor specifically calls each ambiguities, conflicts, errors, omissions, or deviations to the attention of the Engineer both in the letter of transmittal and on the submittal. The Contractor shall be responsible for the correctness of the submittals. Work or materials that are incorporated into the work that differ from those required in the Contract Documents that were not approved with such proper written notice from Contractor shall be removed and replaced with the specified item at the Contractor’s expense.

The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. A letter of transmittal shall accompany each submittal.

Prior to the start of work the Contractor shall prepare and deliver to the Engineer a log of submittals that indicates all required submittals, and for each:
a) Estimated delivery date of the submittal.
b) Last day submittal can be delivered to keep the project schedule (factor in response time and resubmittal/response time).

Unless otherwise stated in the Contract Documents, the Contractor shall deliver all submittals in pdf format to the Engineer. Such submittals shall be returned in pdf format. Some submittals may require material samples or hard copy of the submittal packages at the discretion of the Engineer. In such cases the hard copy and/or material samples shall be delivered to City Hall or the Project site as directed by the Engineer, this is in addition to and not in lieu of, uploading the transmittals and accompanying documents, including pictures of the material samples delivered, via email.

Each submittal shall be consecutively numbered (e.g. 1.0, 2.0, 3.0, etc.). Resubmittals shall be labeled with the original submittal number followed by an ascending decimal designation (e.g. the label ‘4.1’ would

indicate the first resubmittal for submittal number 4). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of transmittal shall contain the following:

1. Project title and project number.

2. Number of complete sets.

3. Contractor’s certification statement.

4. Specification section number(s) pertaining to material submitted for review.

5. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)

6. Table of Contents describing the contents of the submittal.

7. Identification of deviations from the contract documents.

The Contractor shall subscribe to and shall place the following certification on all submittals:
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.”
By: Title:

Date:

Company Name:
3-8.2 Working Drawings. Working Drawings shall be of a size and scale to clearly show all necessary details. The Contractor shall confirm the scale of the drawings with the Engineer prior to preparation and submittal. Contractor agrees that Working Drawing Submittals processed by the Engineer are not Change Orders.

Pdf copies shall be submitted. If no revisions are required, Engineer will stamp submittal and a scan will be returned to the Contractor. If revisions are required, the Engineer will return a scan with identified corrections. Upon acceptance, the Engineer will provide a scanned copy.

Working Drawings are required in the subsections shown in Table 3-8.2(A):

TABLE 3-8.2 (A)
Item Subsection
No. Title Subject
1 7-8.6.3 Water Pollution Control Storm Water Pollution Prevention Plan 2 7-10.2.2 Work Area Traffic Control Traffic Control Plan Working Drawings listed above as Items 1 shall be prepared by a Civil Engineer registered by the State of California. Item 1 may also be prepared by a Traffic Engineer registered by the State of California. 3-8.3 Shop Drawings. Contractor agrees that Shop Drawing Submittals processed by the Engineer are not Change Orders. The purpose of Shop Drawing Submittals by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that he demonstrates his understanding

by indicating which equipment and material he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use.

Shop drawings shall include complete fabrication, assembly, foundation, and installation drawings for the complete assembly of the system with all components, equipment, and parts, each with an assigned number corresponding to the system manufacturer’s parts list. Shop drawings shall also show construction details for each component and piece of equipment.

When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor’s certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents.
3-8.4 Supporting Information. Supporting information is information required by the Contract Documents for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Contract Document or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, 3 copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions.

The following submittals are required prior to the start of work:

1. 24-hour emergency contact information.

2. Name and contact information of the company contact and superintendent who is authorized to legally bind the Contractor.

3. List of all subcontractors regardless of percentage of work to be performed.

4. Construction schedule

5. Public notifications

6. Digital photo documentation of the project site and adjacent areas.

7. Corner Records of all survey monuments tie-out in or near the work area (if surveying is to be provided by the Contractor).

8. Specifications and certifications for each material or item to be used on the project.

9. List of all equipment to be employed on the project.

10. Traffic control plans.

11. Certified payroll documents set up documents.

12. Illness and Injury Prevention Program Plan

13. Certificates of Compliance for materials and equipment to be used.

14. Schedule of Values

15. Construction Schedule

16. All permits and contractor licenses

17. Business licenses

18. Confined Space Entry Program and Shoring Plan, (if required)

19. Cut sheet/shop drawings, manufacturer’s brochures, technical bulletins and reports, specifications, diagrams for all products to be used on the project

20. Plans, schematics, drawings and engineering calculations as required per the contract documents and/or permitting

21. SWPPP (if required)

22. Controller cabinet wiring diagrams (if any)

23. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system.

24. Other submittals as described herein, referenced or described in referenced materials, or as requested by the Engineer
The following submittals are required during the work:

25. Superintendent’s daily report, which shall include:
a. Name, work classification and hours of each worker
b. Equipment make and model and character of use (use or idle hours). c. Work accomplished

26. Certificates of compliance for products delivered.

27. Incident reports

28. Photo documentation

29. Schedule updates

30. Material tickets

31. Product samples and mock-ups.

32. Schedule of Values reflecting percentage of completion with progress payment requests

33. Certified payroll documents

34. Interim as-built drawings

35. Other submittals as described herein, referenced or described in referenced materials, or as requested by the Engineer
The following submittals are required at the completion of work:

36. Notice that work is complete

37. Warranties/Guarantees

38. User Manuals

39. As-built plans

40. Close-out documents

41. Other submittals as described herein, referenced or described in referenced materials, or as requested by the Engineer
3-8.4.1 Record Drawings (Red-line As-built drawings). The Contractor shall continuously maintain (2) two identical sets of accurate and legible as-built plans on sets of contract drawings of all work which occurs during construction. The contractor shall record the exact location by dimension, and exact depth, by elevation, of all underground lines, valves, plugged tees, capped ends, and all other underground facilities. The Contractor shall record, by dimension and/or scale drawings, all wiring, conduits and pull boxes as actually installed. All information necessary to maintain and/or service any concealed work shall be noted on these record drawings.

In preparing as-built plans, the Contractor shall show dimensions from two permanent points, such as building corners, curbs, sidewalks, walls, etc. Changes to any of the following items shall be shown on the as-built plans as well as any other items or improvements, including but not limited to, previously unknown utilities discovered during the course of work, all items installed within the contractor’s scope of work (including work added by change order and/or field order) as deemed necessary by the Engineer:

Curbs, sidewalks or other fixed permanent improvements
Changes in elevations per grading plan

Street light installations
Water meters
Sewer laterals
Connections to existing water sources
Routing of irrigation main, lateral lines and control wires Control valves
Quick couplers
Backflow prevention devices
Gate valves
Controllers
Such records shall be kept up to date with all entries checked by the Engineer before the work is buried or covered up.

One set of as-builts shall be maintained at the job site at all times. The other set shall be provided to the Engineer monthly, a minimum of 5 working days prior to the last working day for the month for review.

As-Builts record drawing will be reviewed when the Contractor submits periodic application for payment in order to verify the accuracy and timeliness of recording the actual construction conditions. If the Contractor’s “As Built” documentation is not submitted or is not satisfactory to the Engineer, this deficiency may be cause to delay approval of the periodic or final payment applications until the deficiencies are satisfactorily resolved.

Upon completion of the work (but prior to acceptance of the work), Contractor shall deliver to the Agency two sets of complete “As Built” record drawings.

If the Contractor fails to keep adequate As-Built Drawings and/or does not deliver the two sets upon completion of the work, the Engineer may take any and all measures necessary to create proper and acceptable As-Built drawings through any means the Engineer deems appropriate including hiring qualified third parties. All costs incurred by the Agency to develop and produce As-Built drawings shall be deducted from amounts due to the Contractor.

As-built plans for other agencies participating in the Project shall be provided in format and substance and at review intervals pursuant to their individual requirements. It shall be the responsibility of the Contractor to contact those agencies for their requirements.

See additional requirements within the Contract Documents (if any). 3-8.4.2 Payment. Payment for all costs associated with the keeping and processing of As-Builts, including As-builts for other agencies, shall be included in the various line items of work, and no additional compensation shall be made to Contractor.
3-9 SUBSURFACE DATA. The Agency does not represent that the referenced documents show or indicate all the conditions that will be encountered in performing the Work. The Agency represents only that the reports of explorations and tests show the conditions encountered at the particular locations and at the particular times they were obtained. The Bidders and other users of the data are cautioned that interpretations and conclusions contained in the documents were formulated for design purposes only and were based on work performed in such a way as to expressly provide information required for design.

All soil and test hole data, ground water elevations, and soil analyses shown on the Plans or included in the Special Provisions apply only at the location of the test holes and to the depths indicated. Soil test reports, if any, are available for inspection at the office of the Engineer. Additional subsurface exploration may be performed by the Contractor at their expense and upon approval by the Agency.

The indicated groundwater elevation is that which existed on the date specified in the data. It is the Contractor’s responsibility to determine and allow for the groundwater elevation on the date(s) the Work is performed. The Contractor shall assume that there will be a difference in groundwater elevations between what is shown in soil boring logs and what is actually encountered during construction. Changes or differences in groundwater elevation will not be considered as a basis for Changed Conditions per section 2-9 or Extra Work per section 7-4.
3-10 SURVEYING
3-10.1 Survey Service. The Contractor shall hire and pay for the services of a Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein, and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act.
3-10.2 Submittal of Surveying Data. All surveying data submittals shall conform to the requirements herein. The Contractor shall submit two copies of grade sheets to the Engineer prior to commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey when requested. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215 mm by 280 mm (81/2” by 11”) paper or electronic format. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor through its Licensed Land Surveyor will, at its cost and in accordance with Business and Professions Code Section 8771, file a Corner Record or a Record of Survey referencing survey monuments subject to disturbance in the Office of the County Surveyor. The recording will take place twice i.e., prior to the start of construction and prior to the Completion. The corner records for tying out the survey monuments shall be delivered to the Engineer prior to the commencement of work. If it is found that no monuments and/or benchmarks will be disturbed during the course of this contract then a letter from a Licensed Land Surveyor certifying to that condition prior to the start of work will be submitted to the Engineer. 3-10.3 Survey Requirements. Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 3-10.3(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor before the start of construction in the area marked. Permanent monuments shall be set in kind to the monument replaced or as shown on plan and marked with the registration number of the Surveyor. Habitat mitigation

sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work.

TABLE 3.10.3(A)

MINIMUM SURVEY REQUIREMENTS FOR CONSTRUCTION STAKING
Feature Staked Stake
Description

Centerline or Parallel to
Centerline Spacing, 
Lateral Spacing
, 
Setting Tolerance
(Within)
Street
Centerline
Standard A
Monument
Riv. Co. Ord.
461 Section
21 ≤300m (1000’), Street
Intersections, Begin and end
of curves, only when shown
on the plans
On street
centerline
7 mm (0.02’) Horizontal,
also see section 2-9.2.1
herein
Clearing Lath in soil,
painted line
on PCC &
AC surfaces
lath - Intervisible, ≤ 15m
(50’) on tangents
& ≤ 7.5m (25’) on curves,
Painted line - continuous
at clearing line 0.3 m (1’) Horizontal
Slope RP + Marker
Stake
Intervisible and ≤ 15m (50’) Grade Breaks
& ≤7.6 m (25’)
30 mm (0.1’) Vertical &
Horizontal
Fence RP + Marker
Stake
≤ 60 m (200’) on tangents,
≤ 15m (50’) on curves when
R≥ 300m (1000’) & 7.5m
(25’) on curves when R≤
300m (1000’)
N/A
( constant
offset)
30 mm (0.1’) Horizontal
Rough Grade
Cuts or Fills ≥
10 m (33’)
RP + Marker
Stake
≤ 15m (50’) N/A 30 mm (0.1’) Vertical &
Horizontal
Final Grade
(includes top of:

Basement soil,
subbase and
base)
RP + Marker
Stake, Bluetop in grading
area
≤ 15 m (50’) on tangents &
curves when R≥ 300m
(1000’) & ≤ 7.5m (25’) on
curves when R ≤ 300m
(1000’)
≤6.7 m (22’) 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical
Asphalt
Pavement Finish
Course
RP, paint on
previous
course
≤ 7.5m (25’) or as per the
intersection grid points
shown on the plan
whichever provides the
denser information
edge of
pavement,
paving pass
width, crown
line & grade
breaks
10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical
Drainage
Structures, Pipes
& similar
Facilities, 
RP + Marker
Stake
Intervisible & ≤ 7.5m (25’),
beginning and end, BC & EC
of facilities, Grade breaks,
Alignment breaks, Junctions,
Inlets & similar facilities,
Risers & similar facilities
(except plumbing), Skewed
cut-off lines
as appropriate 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical

Curb RP + Marker
Stake
≤ 7.5m (25’), BC & EC, at
¼∆, ½∆ & ¾∆ on curb
returns & at beginning &
end
( constant
offset)
10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical
Traffic Signal  Vertical locations shall be
based on the ultimate
elevation of curb and
sidewalk
Signal Poles &
Controller 
RP + Marker
Stake
at each pole & controller
location
as appropriate 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical
Junction Box  RP + Marker
Stake
at each junction box
location
as appropriate 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical
Conduit  RP + Marker
Stake
≤ 15 m (50’) on tangents &
curves when R≥ 300m
(1000’) & ≤ 7.5m (25’) on
curves when R ≤ 300m
(1000’) or where grade ≤

0.30%
as appropriate 10 mm (3/8”) Horizontal
& when depth cannot be
measured from existing
pavement 7 mm (1/4”)
Vertical
Minor Structure

RP + Marker
Stake + Line
Stake
for catch basins: at
centerline of box, ends of
box & wings & at each end
of the local depression 
as appropriate 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical
(when vertical data
needed)
Abutment Fill RP + Marker
Stake + Line
Stake
≤ 15 m (50’) & along end
slopes & conic transitions
as appropriate 30 mm (0.1’) Vertical &
Horizontal
Wall  RP + Marker
Stake + Line
Point +Guard
Stake
≤ 15 m (50’) and at
beginning & end of: each
wall, BC & EC, layout line
angle points, changes in
footing dimensions &/or
elevation & wall height
as appropriate 7 mm (1/4”) Horizontal &
7 mm (1/4”) Vertical
Major Structure

Footings, Bents,
Abutments &
Wingwalls
RP + Marker
Stake + Line
Point +Guard
Stake
3 m to 10 m (10’ to 33’) as
required by the Engineer,
BC & EC, transition points
& at beginning & end.

Elevation points on footings
at bottom of columns
as appropriate 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical
Superstructures RP 3 m to 10 m (10’ to 33’)
sufficient to use string lines,
BC & EC, transition points
& at beginning & end.

Elevation points on footings
at bottom of columns
as appropriate 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical

Miscellaneous 
Contour
Grading 
RP + Marker
Stake
≤ 15 m (50’) along contour
line
30 mm (0.1’) Vertical &
Horizontal
Utilities ,  RP + Marker
Stake
≤ 15 m (50’) on tangents &
curves when R≥ 300m
(1000’) & ≤ 7.5m (25’) on
curves when R ≤ 300m
(1000’) or where grade ≤

0.30%
as appropriate 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical
Channels, Dikes
& Ditches 
RP + Marker
Stake
intervisible & ≤ 30 m (100’),
BC & EC of facilities, Grade
breaks, Alignment breaks,
Junctions, Inlets & similar
facilities
as appropriate 30 mm (0.1’) Horizontal
& 7 mm (1/4”) Vertical
Signs  RP + Marker
Stake + Line
Point +Guard
Stake
At sign location Line point 30 mm (0.1’) Vertical &
Horizontal
Subsurface
Drains 
RP + Marker
Stake
intervisible & ≤ 15m (50’),
BC & EC of facilities, Grade
breaks, Alignment breaks,
Junctions, Inlets & similar
facilities, Risers & similar
facilities
as appropriate 30 mm (0.1’) Horizontal
& 7 mm (1/4”) Vertical
Overside Drains

RP + Marker
Stake
longitudinal location At beginning &
end
30 mm (0.1’) Horizontal
& 7 mm (1/4”) Vertical
Markers  RP + Marker
Stake
for asphalt street surfacing
≤ 15 m (50’) on tangents &
curves when R≥ 300m
(1000’) & ≤ 7.5m (25’) on
curves when R ≤ 300m
(1000’).

At marker
location(s)
7 mm (1/4”) Horizontal
Railings &
Barriers 
RP + Marker
Stake
At beginning & end and ≤
15 m (50’) on tangents &
curves when R ≥ 300m
(1000’) & ≤ 7.5m (25’) on
curves when R ≤ 300m
(1000’)
at railing &
barrier
location(s)
10 mm (3/8”) Horizontal
& Vertical
AC Dikes  RP + Marker
Stake
At beginning & end as appropriate 30 mm (0.1’) Horizontal & Vertical
Box Culverts 3 m to 10 m (10’ to 33’) as
required by the Engineer,
BC & EC, transition points
& at beginning & end.

Elevation points on footings
& at invert
as appropriate 10 mm (3/8”) Horizontal
& 7 mm (1/4”) Vertical

Pavement
Markers
RP 60 m (200’) on tangents,
15m (50’) on curves when R
≥ 300m (1000’) & 7.5m
(25’) on curves when R ≤
300m (1000’) For PCC
surfaced streets lane cold
joints will suffice
at pavement
marker
location(s)
7 mm (1/4”) Horizontal
 Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature  Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table  Perpendicular to centerline.
 Some features are not necessarily parallel to centerline but are referenced thereto  Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature
 ≥ means greater than, or equal to, the number following the symbol. ≤ means less than, or equal to, the number following the symbol.
 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit.

TABLE 3-10.3(B)

SURVEY STAKE COLOR CODE FOR CONSTRUCTION STAKING
* Flagging and marking cards, if used.
3-10.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans.

Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the Work. Grades for underground Type of Stake Description Color*
Horizontal
Control
Coordinated control points, control lines, control reference points, centerline, alignments, etc.

White/Red
Vertical Control Bench marks White/Orange
Clearing Limits of clearing Yellow/Black
Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc.

Yellow
Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer,
Curb
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc.

Blue
Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange

conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench Finished surfaces in all cases shall conform to the lines, grades, cross-sections and dimensions shown on the approved Bid and Contract Documents. Deviations from the approved documents and working drawings shall in all cases be determined and authorized in writing by the City. 3-10.5 Payment for Survey. Payment for work performed to satisfy the requirements of Sections 3-

10.1 through 3-10.2 shall be included in the actual bid items requiring the survey work unless a specific bid item for survey has been provided and no additional payment shall be made therefore. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefore. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefore. 3-11 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval.

Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. Any advertisement referring to the Agency as a user of a product, material, or service by Contractor or any Subcontractor and Supplier is expressly prohibited without the Agency’s prior written approval.
3-12 WORK SITE MAINTENANCE
3-12.1 General. Throughout all phases of construction, including suspension of the Work, and until acceptance of the Project by the Engineer the Contractor shall keep the Work site clean and free from rubbish and debris. Rubbish and debris collected on the Work site shall only be stored in roll-off, enclosed containers prior to disposal. Stockpiles of such will not be allowed.

When required by the Special Provisions, the Contractor shall provide a self-loading motorized street sweeper equipped with a functional water spray system. The sweeper shall clean all paved areas within and adjacent to the work site and all paved haul routes at least once each working day.

The Contractor shall ensure there is no spillage along haul routes. Any such spillage shall be removed immediately and the area cleaned. The Contractor’s haul routes shall also be kept free from dirt, rubbish, and unnecessary obstruction resulting from the Contractor’s operations.

Disposal of all rubbish and surplus materials shall be off the Project Site, at the Contractor’s own expense, and in accordance with all federal, state and local codes, regulations and ordinances governing locations and methods of disposal.

Should the Contractor fail to keep the Work site free from rubbish and debris, the Engineer may suspend the Work until the condition is corrected, or cause the work to be done by others and deduct all costs for such work from amounts due to the Contractor. No additional compensation or time will be allowed as a result of such suspension.

After completion of all other work on the Project and before making application for final acceptance of the Work, the Contractor shall clean the Work Site of the Contractor’s operations, including all areas under the control of the Agency that have been used by the Contractor in connection with the Work on

the Project, removing all debris, surplus material, equipment and all temporary construction for facilities of whatever nature, unless otherwise approved by the Agency. Final acceptance of the Work by the Agency will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up on the Work Site.

All costs for general worksite maintenance shall be included in the various items of work costs and there shall be no additional costs to the Agency.
3-12.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, equipment exhaust, or any other air contaminants into the atmosphere in such quantity as will violate any Federal, State, or local regulations. The Contractor shall also abate dust nuisance by cleaning, sweeping and spraying with water, or other means as necessary.

The Contractor shall use low Sulphur fuel (0.5% by weight) for construction equipment, shall phase and schedule construction activities to avoid high ozone days, and shall maintain equipment engines in proper tune.

The Contractor shall not, in connection with the Work, discharge any smoke, dust or other contaminants into the atmosphere or discharge any fluids or materials into any lake, river, stream, or channel as will violate the requirements or regulations of the Corps of Engineers, Department of Fish & Game or any other legally constituted authority. The Contractor shall control accumulation of waste materials and rubbish and dispose of waste materials and rubbish off-site on (at least) weekly intervals. Burning of materials is not permitted.
3-12.3 Noise Control. Noise generated from the Contractor’s operations shall be controlled as specified in the Special Provisions. The contractor shall not make any noise at or near the Project before or after the allowed and approved work times.
3-12.4 Storage of Equipment and Materials
3-12.4.1 General. Materials and equipment shall be removed from the Work site as soon as they are no longer necessary. Before inspection by the Engineer for acceptance, the Work site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance.

Excess excavated material shall be removed from the Work site immediately unless otherwise specified in the Special Provisions.

Forms and form lumber shall be removed from the Work site as soon as practicable after stripping. 3-12.4.2 Storage in Public Streets. Construction materials and equipment shall not be stored in streets, roads, or highways for more than 5 days after unloading unless otherwise specified in the Special Provisions or approved in writing by the Engineer. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored at a location approved by the Engineer.

Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise specified in the Special Provisions or approved in writing by the Engineer.

Immediately after placing backfill, all excess excavated material shall be removed.

3-12.4.3 Storage on Private Property. The Contractor and all Subcontractors shall minimize the effects of construction operations upon private properties adjacent to the Work.

Prior to storing equipment or material on private property, the Contractor shall provide copies of all letters of permission or written agreements executed by affected property owners for the purpose of granting trespass rights to enter upon, stockpile or store Contractor’s supplies and equipment. The Contractor shall, as a penalty to the City, forfeit $100 per day as a fine for each affected parcel as determined in the sole discretion of the Engineer for failure to provide copies of such documentation to the Engineer prior to storing equipment or material on private property. Said fine or fines will be deducted from the Contractor’s subsequent monthly progress payment. The Contractor is solely responsible to initiate contact and negotiate agreement with property owners if the Contractor should desire to use private property for storage or other purposes.

Materials or equipment placed on private property without owner’s consent or in breach of owner/contractor agreement shall constitute ground for immediate issuance of a stop work notice to the Contractor. The Contractor shall then be required to suspend all operations until affected property is cleaned up and restored to original condition.

Additional contract days will not be granted due to stop work action against Contractor. Stop Work action(s) shall not be the basis for any additional compensation. 3-12.5 Sanitary Sewers.
3-12.5.1 General. The flow of sewage shall not be interrupted. Should the Contractor disrupt the operation of existing sanitary sewer facilities, or should disruption be necessary for performance of the Work, the Contractor shall bypass the sewage flow around the Work. Sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches nor be covered by backfill.

Whenever sewage bypass and pumping is required by the Plans or Specifications, or the Contractor so elects to perform, the Contractor shall submit a working drawing detailing its proposed plan of sewage bypass and pumping.
3-12.5.2 Sewage Bypass and Pumping Plan. The plan shall indicate the locations and capacities of all pumps, sumps, suction and discharge lines. Equipment and piping shall be sized to handle the peak flow of, the section of sewer line to be bypassed and pumped. Bypass piping, when crossing areas subject to traffic loads, shall be constructed in trenches with adequate cover and otherwise protected from damage due to traffic. Lay-flat hose or aluminum piping with an adequate casing and/or traffic plates may be allowed if so approved by the Engineer. Bypass pump suction and discharge lines that extend into manholes shall be rigid hose or hard pipe. Lay flat hose will not be allowed to extend into manholes. The Contractor shall provide a backup bypass pumping system in case of malfunction. The backup bypass system shall provide 100 percent standby capability, and be in place and ready for immediate use. Each standby pump shall be a complete unit with its own suction and discharge piping. In addition to the backup system, the Contractor shall furnish and operate vacuum trucks when required by the Plans or Special Provisions. 3-12.5.3 Spill Prevention and Emergency Response Plan. The Contractor shall prepare and submit a spill prevention and emergency response plan. The plan shall address implementation of measures to prevent sewage spills, procedures for spill control and containment, notifications, emergency response, cleanup, and spill and damage reporting.