Rev. 6/03
FIRST AMENDMENT TO THE ON-CALL SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND JJR CONSTRUCTION, INC. FOR
ON-CALL CONCRETE REPAIR SERVICES
This First Amendment to the Agreement, dated ____________, is entered into by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation, and JJR CONSTRUCTION , INC. , a California corporation ("CONTRACTOR").
WHEREAS, on May 9, 2025, the CITY and CONTRACTOR entered into an On-Call Services Agreement whereby CONTRACTOR would provide professional services necessary for concrete repairs and other services for a project known as On -Call Concrete Repair Services (F25-267) (“Agreement”); and
WHEREAS, the CITY and CONTRACTOR now agree that an amendment to said Agreement is advisable to increase the maximum compensation due to anticipated additional need for services during the term of the Agreement, update technical specifications with Exhibit A-1, update compensation with Exhibit B-1, and include Exhibit D, Labor Compliance;
NOW, THEREFORE, THE CITY AND CONTRACTOR ENTER INTO THIS FIRST AMENDMENT TO THE AGREEEMENT:
1. Section 1 entitled “ Services by CONTRACTOR ” is hereby amended, in part, to read as follows:
[Replace first paragraph of Section 1 with the following:]
1. Services by CONTRACTOR
CONTRACTOR shall provide services in accordance with Exhibits “A” and “A-1” entitled "Technical Specifications.” To accomplish that end, CONTRACTOR agrees to assign Carlos Raposo to this project, to act in the capacity of Project Manager and personally direct the services to be provided by CONTRACTOR.
2. Section 3 entitled “Payment of Fees and Expenses” is hereby amended, in part, to read as follows:
[Replace first paragraph of Section 3 with the following:]
3. Payment of Fees and Expenses
CITY agrees to pay CONTRACTOR at the rates set forth in Exhibits “B” and “B-1”. Total compensation shall not exceed Seven Hundred Fifty Thousand and no/100 Dollars ($750,000.00), unless upon written modification to this Agreement signed by both parties. CONTRACTOR shall submit progress payment invoices to Attachment 1
Rev. 6/03
CITY no more frequently than monthly to be paid in accordance with the procedures set forth in Exhibits “B” and “B-1”.
3. Exhibit A -1, Technical Specifications (Effective September 2025) , is attached hereto and hereby incorporated into the Agreement.
4. Exhibit B -1, Compensation (Effective September 2025) , is attached hereto and hereby incorporated into the Agreement.
5. Exhibit D, Labor Compliance, is attached hereto and hereby incorporated into the Agreement.
6. All other terms and conditions remain unchanged and are in effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement.
CITY OF SUNNYVALE ("CITY") JJR CONSTRUCTION, INC.
(“CONTRACTOR”)
By _____________________________ By _____________________________ City Manager
________________________________
ATTEST: Name and Title
By ___________________________ By _____________________________ City Clerk
________________________________
APPROVED AS TO FORM: Name and Title
By ___________________________
City Attorney
Attachment 1
Exhibit A-1
TECHNICAL SPECIFICATIONS
(Effective September 2025)
TABLE OF CONTENTS
Page No.
A. General …………………………………………………………………………………… TS-2
B. Bid Items 1-5: Concrete Improvements ……………………...……………………….. TS-3 C. Bid Item 6: Remove Park Strip Concrete and Backfill with 4” Topsoil Revocable .. TS-7 D. Bid Item 7: 4” Thick Asphalt Concrete …....……………………………………….….. TS-7 E. Bid Item 8: Adjust Utility Boxes in Sidewalk ……………….…….…………………… TS-8 F. Bid Item 9: Excavate and Place Class II AB Subgrade (6” Thick) .…………….….. TS-8 G. Bid Item 10 and 11: Tree and Stump Removal ………………………….…………... TS-9 H. Marking Limits of Work ………………………….……………………………………… TS-12 I. Work Progression ………………………….……………………………………………. TS-12 J. Pavement Replacement …………………….………………………………………….. TS-12 K. Topsoil Backfill and Landscape Replacement ……………………..………………… TS-12 L. Restoration of Curb Markings and Face of Curb Drains ………………………...….. TS-13 M. Staging Areas ……………………………………………………………………………. TS-13
N. Disposal and Cleanup …………………………………………………………………... TS-13 O. Protection of Property …………………………………………………………………... TS-13 P. Relations with Property Owners ……………………………………………………….. TS-13 Q. Traffic Control and Safety ……………………….………………………………….….. TS-14 R. Existing Utilities …………………….……………………………………………………. TS-14 S. Coordination with Project Inspector ………………………………………………….... TS-15 T. Restoration or Replacement of Vandalized Work ……………………………….…… TS-15
Appendix A
Contents …………………………………………………………………………………. TS-16
Concrete Maintenance Zones ……..……………………….…………………………. TS-17 Task Order Template ………………………………………………………………...… TS-18
City of Sunnyvale Standard Details: 5C-1, 5C-3, 5C-4, 5C-5, 6C-2, 9C, 9C-6, 15C, 5E, PK-81, & PK-82 …………………………………………………….… TS-19
Appendix B -
Contents ………………………………………………………………………………….. TS-31
City of Sunnyvale Standard Operating Procedures Bicycle and Pedestrian Safety through Work Zones ………………………………………………….… TS-32
SOP for Right Lane and Bike Lane Closures (Diagram) …….……………………… TS-34 Attachment 1
A) GENERAL
1) This project involves replacing concrete in the public right -of-way, including sidewalks, driveway aprons, curbs, and gutters. It also includes limited tree and stump removal, if necessary, to complete the work. All work will be assigned to contractors through individual task orders, specifying the scope and not -to-exceed amounts.
Once the Contractor commences work at any one work site location, Contractor has five (5) working days to complete all work at that location; however, no open areas or sites with concrete removed shall remain at any work site location over a weekend without appropriate barricades and/or warning signs identifying the area.
All concrete that has been broken up shall be removed prior to a weekend; debris including broken concrete shall not be allowed to remain over a weekend. All work and cleanup at the site must be completed before Contractor can move on to the next site. No equipment shall be left on public residential street on Saturday, Sunday, or holiday unless work is in progress on that day.
The Contractor shall be required to do necessary corrective or restoration work for any contract work deemed unsatisfactory or defective at no additional costs to the City.
Contractor shall be alert to the following items:
a. The Contractor will perform the required tree root pruning and installation of root control materials associated with contractor’s work. Contractor is responsible for the removal and disposal of severed tree roots in the demolition area. The City has an interest in protecting trees and the Contractor shall maintain a close relationship and shall extend full cooperation with City Arborist throughout the contract. The City Arborist shall direct all root pruning and tree root mitigation performed on all trees associated with this contract work.
Severed roots shall be removed at no additional expense to the contract.
Severed roots shall be treated as green waste and disposed separately from concrete and asphaltic cement generated by this work.
b. Contractor shall call Underground Service Alert (USA) at (800) 642 -2444, 48 hours prior to any saw cutting, stump grinding or excavation at any one site so that all underground utilities may be located and marked. The Contractor shall contact USA for all planned excavation including root pruning , and stump removals directed by the city arborist . The USA notification by the Contractor shall include all excavation including City Arborist directed root pruning , removals associated with this contract. For work at listed sites where only grinding of concrete is to be performed, USA does not have to be notified. USA notification is required for saw cutting and concrete demolition work.
c. Contractor shall hang door tags with work notification letters on all homes or businesses affected by his work stating the work to be done, times, etc., both two weeks prior and again 48 hours prior to any work at that location. Door Attachment 1
tags and work notification letter shall be approved by the City prior to distribution to work sites associated with this contract.
d. Occasionally, certain locations may have obstacles in the parkway strip such as planter boxes, railroad ties, rock cement, etc., that the Contractor will have to work around, or shrubs that the Contractor will have to prune back neatly. The Contractor shall be responsible for the demolition of the concrete and disposal of the old cable and plastic conduits. No additional compensation shall be made irrespective of different s ite condition. The contractor is required to survey the identified sites on their own before submitting the bids and shall include all work in the unit bid price of related items.
e. There may be locations where the new sidewalk or curb and gutter will not be replaced in the exact location of the original. In some locations the new sidewalk and/or curb and gutter shall transition around tree roots or tree trunks.
Sidewalk modifications shall be directed by the Engineer and will be no less than 4 8” in width , when this preferred minimum cannot be achieved, the contractor shall immediately notify the inspector . The Contractor shall do all work incidentals to legally and satisfactorily complete the work as directed by the Engineer.
B) CONCRETE IMPROVEMENTS
1. Bid Items 1, 2, and 3 , 4: Remove and Reconstruct 4” Thick Concrete Sidewalk, Remove and Reconstruct 6” Thick Concrete Sidewalk Driveway, Remove and Reconstruct 6” Thick Concrete Driveway Approach) , Remove and Reconstruct 2 FT Driveway Conform (6” Thick).
1.01 Portland Cement Concrete shall be Class 520-C-2500. General requirements shall conform to Section 303 -5, “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways” of the “Greenbook” and City Standard Specifications, and these Special Provisions, with a maximum slump of four (4) inches. Clear or transparent with red fugitive dye (Type 1) curing compound shall be applied unless otherwise directed by the Engineer.
Contractor shall be responsible for making available in the field the test cone and kit necessary for conducting the slump test. Slump test shall be performed by the Contractor as required by the Engineer and in the presence of the City Inspector assigned to the job.
1.02 Concrete shall be sawcut in a straight line to a minimum depth of two inches completely across the sidewalk. The limits of all concrete to be removed shall be to an expansion joint or score line and saw cutting shall be required at any score line less than two inches (2”) deep. The portion of the concrete to be removed shall be taken out in such a manner as to leave an even edge without chips or breaks on the remaining concrete. Cutting of the boundary line with picks or pneumatic pavement breaker will not be permitted except where score Attachment 1
lines are two inches (2”) deep or more. If for any reason the concrete does not break on the line marked by the Engineer, the Contractor shall sawcut at the next score line and remove the broken portion and replace with new concrete to meet City specifications at no cost to the City.
1.03 As required, the City Arborist shall mark tree roots to be root pruned after sidewalks, curbs, and driveway approaches have been removed. Marked tree roots encountered within nine inches (9”) of finish grade in the concrete demolition area shall be removed before placement of any materi al. The Contractor shall sever roots neatly with clean cuts, by means of sharp ax, saw or other approved method and remove them before placement of any materials. Roots 1 inch or larger shall be neatly cut with a root pruning device or thin blade, fine tooth circular saw, appropriate for cutting tree roots. All roots 2 inches in diameter or greater shall require direction and approval by the City Arborist for removal. Contractor shall not damage the tree root structure by ripping out the tree roots by means of backhoe or other excavation tool.
The City Arborist shall note sites where the adjacent tree species are sensitive to root pruning and the Contractor shall be required after demolition of the right -of-way concrete to wait for specific direction as to root pruning or other root mitigation. Questions regarding tree roots shall be directed to the City Arborist through the Engineer for direction. Voids left by removal of larger roots shall be filled with Class 2 base rock or other City approved material.
The contractor shall remove completely any roots that remain within the project area, and as directed by the engineer.
1.04 Reconstruction of new P.C.C. sidewalk, four inches (4”) thick, shall include all required expansion joints. Expansion joints shall be installed near the centerline of each tree adjacent to 4” concrete replacement sites, where there are existing expansion joints and where directed by the City Representative.
Approximately 80% of all sites will require a felt expansion joint. A one and one-half inch (1½”) deep score line may be substituted for felt joints at the discretion of the City Representative. Sidewalk finish shall be light broom finish perpendicular to direction of travel. All troweled edges shall be clean and smooth. Score lines shall be clean and smooth.
Dowel connection between new and existing sidewalk shall be 8” long #3 smooth bars installed in holes drilled into the existing sidewalk with a sleeve and cap installed in the new sidewalk slab. See Dowel Connection to Existing Sidewalk Detail – 9C-6.
1.05 P.C.C. driveway approaches and/or sidewalks in the area of the full width of the driveway shall be replaced with concrete six inches (6”) thick for residential driveways and commercial driveways, including any required expansion joints.
Attachment 1
1.06 Contractor shall use normal board and stake forming for edges of sidewalk adjacent to lawn, turf, or planter areas. This framework shall be removed after the concrete has set and the landscaping areas shall be restored. For all disturbed subgrade soil and/or baserock, the Contractor shall compact such soil to 90% compaction using appropriate compacting equipment prior to pouring new concrete.
1.07 Contractor shall repair and/or replace any portion of existing irrigation systems damaged by reason of the contractor’s operations within forty-eight (48) hours.
1.08 At locations with rubber sidewalk, the rubber sidewalk should be removed and disposed of and replaced with new City Standard concrete by the contractor.
1.09 For large tree roots as determined by the City Arborist that must remain intact to the tree and extend into the subgrade of the replacement sidewalk, the sidewalk may slope up 3 inches in 5 feet in both directions.
1.10 Plastic root barrier installation is required adjacent to all root pruned trees. See City Details PK-81 and PK-82 for plastic root barrier installation requirements.
A minimum of 10 feet of root barrier shall be installed, centered on the tree.
Sidewalk sites on average have 10 feet of root barrier installed and curb and gutter sites have an average of 18 feet of barrier installed. It is estimated that ninety percent (90%) of the sites listed will require plastic root barrier installation. The City Arborist shall give direction as to the proper and required installation of the plastic root barrier material.
1.11 Measurement and Payment: The Contractor shall be compensated based on unit prices for work completed as specified in each task order. Unless otherwise stated, the quantities of work shall be measured or calculated based on dimensions taken in horizontal planes. Payments will be made only for quantities satisfactorily completed, as verified by the Engineer or designated representative.
2. Bid Item 5: Remove and Reconstruct Curb and Gutter
2.01 Concrete shall be saw cut in a straight line to a minimum depth of 2” inches (2"). The portion of the concrete to be removed shall be taken out in such a manner as to leave an even edge without chips or breaks on the remaining concrete. Cutting at the boundary line with pick or pneumatic pavement breakers will not be permitted. Any existing curb and gutter in satisfactory condition beyond the limits designated by the City for removal that is destroyed during the removal, shall be replaced with new curb and gutter to meet City Specifications at no cost to the City.
2.02 Dowel connection between new and existing curb and gutter shall be 8” long #3 smooth bars installed in holes drilled into the existing curb and gutter with a sleeve and cap installed in the new sidewalk slab. See Dowel Connection to Existing Sidewalk Detail – 9C-6.
Attachment 1
2.03 The Contractor shall cut and remove tree roots (see Section A, Subsections
1.03, 1.09, and 1.10 above) as directed by the City Arborist.
2.04 The asphalt concrete pavement (AC) sha ll be sawcut in a straight line 24” inches minimum from the lip of gutter and removed, to allow for a form board.
If there are unusual circumstances or appears that the tree roots encroaching more than 24 inches, the contractor shall notify the Engineer immediately of the situation. Where additional asphalt concrete is marked for removal, due to areas raised by tree roots, the removal and replacement shall be compensated under Bid Item 6 – 4” Thick Asphalt Concrete.
Any section of A.C. pavement along the lip -of-gutter damaged during removal of the old curb and gutter shall be replaced with a new asphalt concrete pavement section, with a minimum width of 24 inches. The new A.C. surface shall be flush with the lip -of-gutter and the cross slope, same as the existing surface. Base rock under the replaced damaged area shall be restored to a minimum of four inches (4”) and with four inches (4”) of asphalt concrete, both compacted to 95% relative compaction.
Hot mix asphalt shall conform to Section 39 of the Caltrans Standard Specifications. Asphalt concrete shall be Type A, and produced at a central mixing plant. The aggregate for Type A asphalt concrete shall conform to the one-half inch (½") (12.5mm) maximum, medium grading specified in Section 39-2.02, "Aggregate," of the State Standard Specifications. The asphalt binder to be mixed with the aggregate shall conform to the provisions of Section 92, "Asphalt Binders," of the State Standard Specifications, and shall be paving asphalt Grade AR-4000.
The Contractor shall apply a tack coat (binder) to the vertical faces of the existing asphalt pavement prior to placement. The tack coat shall be Liquid emulsion SS-1h, CSS-1h, QS-1h, or CQS-1h in conformance with Section 94, "Asphaltic Emulsions," of the State Standard Specifications.
Asphalt concrete placement, spreading, and compacting shall conform to applicable provisions of Section 39 of the State Standard Specifications.
2.05 Reconstruction of new P.C.C. curb and gutter shall include expansion joints at the centerline of each adjacent street tree as well as all other required expansion joints . The majority of the curb and gutter removed shall be replaced with the City Standard Type II Curb and gutter with 24” gutter pan ; however, at some locations, as determined by the City Representative, the new curb and gutter shall be replaced to match the existing curb and gutter and shall be paid for at the price bid. Lip of gutter shall be poured against forms. Chips or breakouts of asphalt pavement shall not be filled with concrete. The streetside edge of the gutter lip shall be continuous and straight. Any concrete extending into the street pavement shall be removed by the Contractor at his expense. The back of curb shall be formed the full Attachment 1
height of the back of curb. See Detail 15C of the City of Sunnyvale Standard Details for Public Works Construction. Curb and gutter finish shall be light broom finish. All troweled edges shall be clean and smooth. Score lines shall be clean and smooth. Contractor shall water test gutter flow only as directed by the City Representative.
2.06 Contractor shall repair and/or replace any portion of existing irrigation systems damaged by his work within forty (48) hours. All driveway aprons and sidewalk sections at the driveway shall not be left open (concrete excavated) over a weekend.
No work shall be performed on private property unless directed by the Engineer. Where proposed sidewalks connect to an existing driveway/pathway, the proposed sidewalk is to match to the maximum extend feasible the existing driveway/pathway elevation at the outside edge of the proposed sidewalk (right of way side), providing smooth transition between proposed sidewalk and existing driveway/pathway. Upon identification of these locations, Contractor shall notify the Engineer for direction.
Payment for extra work will be made by change order work and will be as directed by the Engineer.
2.07 Measurement and Payment: The Contractor shall be compensated based on unit prices for work completed as specified in each task order. Unless otherwise stated, the quantities of work shall be measured or calculated based on dimensions taken in horizontal planes. Payments will be made only for quantities satisfactorily completed, as verified by the Engineer or designated representative.
C) BID ITEM 6: REMOVE PARK STRIP CONCRETE AND BACKFILL WITH 4” TOPSOIL
REVOCABLE
1. Concrete in planter strips marked for removal, shall be removed and backfilled with clean topsoil, free from rocks , to a grade level w ith the adjoining concrete as approved by the City Engineer.
2. Measurement and Payment: The Contractor shall be compensated based on unit prices for work completed as specified in each task order. Unless otherwise stated, the quantities of work shall be measured or calculated based on dimensions taken in horizontal planes. Payments will be made only for quantities satisfactorily completed, as verified by the Engineer or designated representative.
D) BID ITEM 7: 4” THICK ASPHALT CONCRETE
1. Where marked on the pavement, Contractor shall sawcut and remove asphalt raised by tree roots, cut and remove the roots, and replace 4 inches depth of asphalt concrete in two lifts per the City Standards. Measurement and payment are by the square foot and does not include 24 -inch wide AC adjacent to the lip of Attachment 1
gutter. The 24-inch wide AC adjacent to the lip of gutter is included in the price of the curb and gutter bid item.
2. Measurement and Payment: The Contractor shall be compensated based on unit prices for work completed as specified in each task order. Unless otherwise stated, the quantities of work shall be measured or calculated based on dimensions taken in horizontal planes. Payments will be made only for quantities satisfactorily completed, as verified by the Engineer or designated representative.
E) BID ITEM 8: ADJUST UTILITY BOXES IN SIDEWALK
1. The work performed in connection with adjusting various existing facilities shall conform to the provisions in Section 15, "Existing Facilities," of the State Standard Specifications and these Technical Specifications. Work covered by this section includes adjusting utility frames, covers and grates to grade to match new concrete sidewalk grades.
2. Contractor shall be responsible for notifying and coordinating with the respective utility regarding any adjustment to affected utility structures within the limits of work.
3. Any utility covers compromised and in need of replacing shall be brought to the immediate attention of the Engineer.
4. The Contractor shall notify and coordinate the work of identifying and marking utility facilities with the respective utility companies. The Contractor is required to call Underground Service Alert (USA) at (800) 227 -2600 forty -eight (48) hours in advance of any excavation activity so all existing underground facilities can be located and marked. The Contractor shall supply the Engineer with copies of all USA confirmation numbers including associated documentation.
5. Measurement and Payment: The Contractor shall be compensated based on unit prices for work completed as specified in each task order. Unless otherwise stated, the quantities of work shall be measured or calculated based on dimensions taken in horizontal planes. Payments will be made only for quantities satisfactorily completed, as verified by the Engineer or designated representative.
F) BID ITEM 9: EXCAVATE AND PLACE CLASS II AB SUBGRADE (6” THICK)
1. Base rock under the over excavated area shall be restored to a minimum of six inches (6”), compacted to 95% relative compaction.
2. Excavation and placement includes transporting materials, excavation, placement, compaction, and off haul of native subgrade.
3. Measurement and Payment: The Contractor shall be compensated based on unit prices for work completed as specified in each task order. Unless otherwise stated, the quantities of work shall be measured or calculated based on dimensions taken in Attachment 1
horizontal planes. Payments will be made only for quantities satisfactorily completed, as verified by the Engineer or designated representative.
G) BID ITEM 10 AND 11: TREE AND STUMP REMOVAL
Tree and Stump shall be removed at the locations listed under Appendix A, the work identified herein shall be in accordance with the City Standard Specifications and these Technical Specifications.
1. Tree Removal Operations – Large street trees shall be removed by dismantling the tree using rigging procedures in in compliance with ANSI Z133.1 Arboricultural Operations – Pruning, Repairing, Maintaining, Removing Trees and Cutting Brush Safety Requirements. Large trees shall not be felled as whole or partially dismantled trees on the public right -of-way or adjacent private property. Trees shall be taken down by dismantling the tree in pieces lowering them to the ground in a safe and controlled manner. Large limbs and trunk sections shall not be dropped to the ground or dragged along the ground as to cause damage to hard or softscape or public utilities in the right-of-way and adjacent private property.
2. Tree Stump Removal Operations - Stump removal typically requires the use of a stump cutting machine. Contractor shall contact Underground Service Alert, USA – North to identify underground utilities. The Contractor shall locate and protect such underground utilities during stump removal operations. The Contractor shall provide experienced personnel in stumping equipment operation. Stump cutting machines are inherently dangerous when in operation and will tend to throw wood chips, soil, stones, etc. measures must be taken to shield the machine operator, other contractor staff on site, the general public as well as property from such debris that maybe thrown from the machine.
3. Stumps shall be removed completely so that all wood tissue at the core of the tree stump is removed down to native soil (typically there is no tap root below a mature tree and therefore native soil is typical within twenty -four inches thick from the soil surface grade). The entire stump shall be removed to its full diameter. Lateral roots extending beyond the stump core shall be ground down and out such a distance as to have the remaining root(s) be at least nine (9) inches below the curb top grade.
Roots deeper than six inches can remain buried and intact. Chips generated shall be removed from the site. If there is a pit remaining after the chips have been removed such pits shall be filled with a loam, clay -loam soil to bring the soil level back to surface grade.
4. Measurement and Payment: The Contractor shall be compensated based on unit prices for work completed as specified in each task order. Unless otherwise stated, the quantities of work shall be measured or calculated based on dimensions taken in horizontal planes. Payments will be made only for quantities satisfactorily completed, as verified by the Engineer or designated representative.
Attachment 1
General Requirements:
1. Examination of Site – The Contractor shall be responsible for visiting the sites, and making such investigation as is necessary to determine the character of the materials and conditions to be encountered in the work before Proposal is accepted. Further, no allowance shall subsequently be made on behalf of the Contractor on account of an error, negligence or failure to acquaint itself with the conditions of the job site or of the streets or roads approaching each site.
2. Notification and Relations with Property Owners
a. Notification – Contractor shall notify all affected residents by hanging an approved completed door tag on the doors of the affected homes at least forty - eight (48) hours in advance of all work being done on their frontage to arrange for removal of vehicles from the work area. Additionally, “No Parking” signs shall be posted on the street at least seventy-two (72) hours in advance using contactor furnished barricades with the “No Parking” signs affixed to the barricade facing outward to the street. “No Parking” signs shall indicate the date(s) and time the no parking restrictions are in affect. “No Parking” signs may not be reused. Property owners shall be provided access to their property over both walkways and driveways at all times. Door tags and “No Parking” signs shall be furnished by the contractor and approved by the Engineer.
b. Complaints – Contractor shall strive to quickly resolve all complaints from residents. If objection to the tree removal occurs while work is in progress, Contractor shall immediately stop work on tree or trees in question and attempt to amicably resolve the dispute with the resident. If Contractor cannot promptly resolve the complaint, Contractor shall immediately notify the Engineer. The Engineer shall determine if the Contractor may resume work on other trees while the City resolves the complaint or if the Contractor shall delay pruning until the complaint is resolved by the City. Further, the City shall not be liable to Contractor for any additional delay caused by the need to resolve any such dispute. If Contractor is allowed to continue work on other trees while City resolves a complaint, Contractor shall return to complete work on trees that generated the complaint and at no additional cost to the City.
3. Dust and Noise Control –Contractor shall provide reasonable efforts to minimize the amount of dust generated by their activities. No separate payment will be made for any work performed or material used to control dust caused by Contractor’s performance of the work, either inside or outside the right of way. All costs for dust control shall be included in bid pricing, and no additional special compensation will be allowed. Contractor will not operate equipment before 8 am or after 5 pm except by authorization from the City. Equipment shall be operated in a manner which will minimize offensive noise and in accordance with Sunnyvale Municipal coded
19.42.030 “Noise and sound level”. When tree trimmings have been chipped, chipper shall be moved as close as practical to the next tree or trees to be removed. Chippers shall not be operated in one location for extended periods of time. All leaf blowers operated in or adjacent to a residential area shall operate at Attachment 1
or below a noise level of sixty -five dBA at a distance of fifty feet as determined by a test conducted by the American National Standards Institute or an equivalent. The dBA rating shall be prominently displayed on the leaf blower. {Ord.2623-99}.
4. Public Convenience and Safety – Contractor shall conduct its operations to cause the least possible obstruction and inconvenience to public traffic. All vehicular and bicycle traffic shall be permitted to pass through the work area. Contractor shall furnish, erect and maintain sufficient warning and directional signs as well as barricades and lights and shall furnish sufficient flagmen to give adequate warning to the public at any time dangerous conditions exist due to tree work. All pedestrians shall be rerouted to sidewalks on the other side of the street at intersections on both ends of any block or section that the Contractor is working.
In general, for minor streets, at least one traffic lane shall be maintained open in each direction. However, if only one lane is open, a flagman must be present. For major streets, proposed traffic control shall be approved by the Engineer before the work is started. However, in general, at least one traffic lane in each direction shall be kept open; and the moving lanes shall not be closed during the morning and evening peak traffic periods. Contractor is alerted to the high volumes of traffic on some streets, which are part of this contact. Contractor shall perform all work in compliance with these specifications, OSHA requirements, State of California Code of Regulations. Title 8, Section 1598 Traffic Control for Public Streets and Highways, and the California Manual on Uniform Traffic Control Devices for Streets and Highways as published by the California State Dept. of Transportation (Caltrans).
5. Existing Utilities – It is the Contractor’s responsibility to veri fy the location of all existing utilities. Contractor shall coordinate the work with the respective utility companies. Contractor is required to call Underground Service Alert (USA Center at (800) 642 -2444, forty-eight (48) hours in advance of any excavation activity, so that all existing underground facilities can be located and marked.
6. Public and Personnel Protection – Large tree removals present a significant hazard due to their size and weight therefore their removal and stumping shall require specific care. The contractor is required to pay close attention to protection of the public and workers. All workers shall be fully trained in safe tree removal operations in compliance with ANSI Z133.1 Arboricultural Operations – Pruning, Repairing, Maintaining, Removing Trees and Cutting Brush Safety Requirements.
When removing trees, and removing stumps, the Contractor shall provide protection of the general public by keeping them a safe distance away from the work area.
Only trained and experienced Contractor personnel shall be allowed within the work zone.
7. Wood and Green Waste Disposal – The contractor shall be required to manage all solid waste, wood waste and green waste generated under this type of work.
The contractor shall provide for green waste disposal within the cost of the contract.
The contractor is encouraged to recycle green waste products.
Attachment 1
Contractor shall provide and furnish to the city a plan for green waste disposal for the contract. All wood or green waste shall not be permitted to be landfilled. All wood/green waste must be recycled or reused consistent with the City of Sunnyvale’s Solid Waste Source Reduction and Recycling Element (SRRE) and Zero Waste Strategic Plan. Specifically, this means the material must be delivered to a processor to compost the material or, if it is woody material, shredded and used as wood chips.
Measurement and payment are included in the Special Provisions.
H) MARKING LIMITS OF WORK
A representative of the City shall paint the limits of the concrete curbs, gutters, sidewalks and driveways to be removed and replaced. If markings are not clear, the Contractor shall notify the City Representative prior to working at any such location. When there are discrepancies between field markings provided, Contractor shall not proceed without clarification from City. Any such work commenced without prior clarification being received shall be at the Contractor's risk.
The City, at its sole discretion, may increase or decrease or eliminate completely the quantities of the items of work to be completed under this contract.
I) WORK PROGRESSION
In order to minimize the disruption of residents and property owners all work at each work location shall proceed without delay. At the time of concrete saw cutting the resident/property owner shall be given notice of expected demolition and replacement date. Resident/owners shall be given at least 5 working days advance notice but not greater than 30 days.
Locations at driveway aprons, sidewalks at driveways or gutters at driveways shall not be allowed to remain open over a weekend. All demolition, forming and pouring work at any one location shall be completed and the location cleaned up within five (5) consecutive working days from the date work commenced at that particular location, except for location(s) where special written permission for additional time is approved by the City Representative.
J) PAVEMENT REPLACEMENT
The Contractor shall remove only such pavement as defined in these Technical Specifications as is absolutely necessary to facilitate the construction of the sidewalks, curbs and gutters. The Contractor shall be responsible to reconstruct all street asphalt pavement and base material damaged by his work at the Contractor's expense in areas not marked by the City Representative as damaged or "failed" pavement areas.
K) TOPSOIL BACKFILL AND LANDSCAPE REPLACEMENT
In areas adjacent to new and reconstructed concrete which are not paved, the Contractor Attachment 1
shall be required to backfill with clean top -soil to finish grade both sides of new sidewalk and replace in kind all lawn landscape plantings and/or turf area. Any imported soil material to be used as backfill shall be approved in writing by the City Representative prior to placement.
L) RESTORATION OF CURB MARKINGS AND FACE OF CURB DRAINS
Contractor shall reference out and restore any curb markings (S -indicating sanitary sewer lateral; W-indicating water service lateral; arrows and Roman Numerals indicating ties to water main valves) that maybe destroyed by the work. Contractor shall reference and repaint all existing red curbs and address numbers . New ties to water valves shall be made on the closest available vertical curb with proper direction of arrows and proper distances from water valve to tie indicated in three inch (3”) high Roman Numerals.
M) STAGING AREAS
Areas used to store materials, supplies or equipment overnight shall be defined as a staging area. City streets shall not be used as staging areas unless specifically authorized in writing by the City Representative. Vacant and/or city-controlled land may be used as staging area only with written permission of the City Representative. Privately owned lots shall not be used as staging areas without specific written consent of the property owner. A copy of such private property owner consent shall be submitted to the City Representative prior to use of private property as a staging area.
N) DISPOSAL AND CLEANUP
Contractor shall dispose of all excess earth, concrete, asphaltic concrete, excavated tree roots and debris off job site and clean up the work area at the end of each workday. The work area shall be left in a neat and presentable condition. In approximately 10% of sidewalk replacement locations there is the possibility of inactive, embedded cable TV line and ABS plastic conduit; this debris shall be removed and disposed of by the Contractor at no additional cost to the City.
O) PROTECTION OF PROPERTY
The Contractor shall maintain the work site in as clean and free of rubbish condition as is feasible. The Contractor shall not pile debris or equipment , or otherwise trespass, on private property, unless he has obtained specific permission from the property owner.
Contractor shall take reasonable precautions to cause the least damage possible to existing improvements and landscaping in the work area on both public right of way and private property. Any damage to private property by the Contractor’s action shall be repaired, restored or replaced at the Contractor's expense.
P) RELATIONS WITH PROPERTY OWNERS
The City of Sunnyvale provides a high level of customer service to the residents of Sunnyvale. The Contractor and his staff shall also be expected to provide a high level of customer service. Actions of the Contractor and his staff not only reflect on the reputation Attachment 1
of the Contractor but also the City of Sunnyvale. Therefore, the Contractor shall notify property owners or residents at least five (5) working days in advance of all work affecting their frontage. The Contractor shall schedule and perform all work each day as to vacate all work areas by sunset or 6:00 pm, whichever is sooner, and shall not schedule work for weekends or holidays. The Contractor shall not use water, hoses or other implements of private property owners without their written consent. All demolition, forming, concrete pouring shall be done within five (5) working days from the beginning of concrete demolition. All exceptions shall be approved in writing by the City Representative.
The Contractor shall make and maintain direct contact with private property owners in the event private property was damaged by the Contractor or his staff during the process of concrete replacement work. Such damaged private property shall be repaired, restored and/or replaced at the Contractor's expense. Contractor to request property owner to turn off sprinkler systems when work is in progress.
Property owners shall be provided access to their property over both walkways and driveways at all times. Contractor shall provide all necessary bridge or ramps and/or construct work in stages to allow access.
Q) TRAFFIC CONTROL AND SAFETY
The Contractor shall conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. Contractor shall furnish, erect, and maintain sufficient warning and directional signs, barricades and lights, and furnish sufficient flagmen to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof. Contractor shall obtain approval from the City of any detours required in connection with his work. This contract allows for work during daylight hours. No work shall be performed during non-daylight hours.
In general, for minor streets at least one traffic lane shall be maintained open in each direction, or if only one open lane is to be maintained, then a flagman is required. In the case of major streets, proposed traffic control shall be approved by the City before the work is started; but, in general, at least one traffic lane in each direction shall be kept open and the moving lanes shall not be closed during the morning and evening peak traffic periods.
Once the Contractor commences work at any work location, he shall provide visible barricades, ribbons, etc. to warn and protect pedestrians from any resulting tripping hazard or other dangerous situations during all periods of time that he is not actually working at that location.
Contractor shall comply with the City of Sunnyvale Standard Operation Procedures:
Bicycle and Pedestrian Safety thorough Work Zone. A copy of the SOP is attached as part of the Technical Specifications in Appendix B.
Attachment 1
R) EXISTING UTILITIES
It is the Contractor's responsibility to verify the location of all existing utilities, P.G.& E., Pacific Bell, California Water Service, Telecommunications (Cable TV), and Air Products (Nitrogen Gas line), City of Sunnyvale Water Division. Contractor shall notify and coordinate the work of adjusting utilities with the respective utility companies. Contractor to call USA at (800) 642 -2444 forty-eight (48) hours prior to excavation at any site so that existing utilities may be field marked. No greater than thirty (30) days of work shall be called in to USA in advance.
S) COORDINATION WITH PROJECT INSPECTOR
The Contractor shall notify the City's Project Inspector at least 24 hours in advance of mobilizing to the worksite. The City will conduct inspections before and after work at each location. All instructions and work coordination shall be directed through the Project Inspector. The Contractor is responsible for maintaining clear communication and fostering a positive working relationship with City personnel to ensure project success.
T) RESTORATION OR REPLACEMENT OF VANDALIZED WORK
Concrete defaced or vandalized shall be considered defective, and as such shall be restored, refinished or replaced by the Contractor at his expense.
Attachment 1
APPENDIX A - CONTENTS
• CONCRETE MAINTENANCE ZONES
• TASK ORDER TEMPLATE
• City of Sunnyvale Standard Detail s: 5C-1, 5C-3, 5C-4, 5C-5, 6C-2, 9C, 9C-6, 15C, 5E, PK-81, and PK-82.
Attachment 1
Attachment 1
TASK ORDER TEMPLATE
Task Order No. [Insert Number]
Contract No.: [Insert Contract Number]
Contractor Name: [Insert Contractor Name]
Project Name: On-Call Concrete Replacement Services
Task Order Date: [Insert Date]
Not-to-Exceed Amount: $[Insert Amount]
Scope of Work
The Contractor is hereby authorized to perform the following scope of work under the terms and conditions of Contract No. [Insert Contract Number]:
1. Description of Work:
o Removal and replacement of damaged concrete sidewalks, curbs, gutters, and other concrete infrastructure as identified by the City.
o All work must comply with applicable City standards, specifications, and industry practices. o The scope includes traffic control, site preparation, concrete demolition, forming, pouring, finishing, curing, cleanup, and other related activities.
2. Work Location(s):
o Specific work locations will be provided by the City’s project manager and identified through markings in the field.
o Work locations include (Insert Address List):
3. Deliverables:
o Submit concrete mix design for approval prior to use. o Provide daily progress reports to the City project manager, including quantities replaced and time spent.
Performance Period
• Start Date: [Insert Start Date]
• Completion Date: [Insert Completion Date or "Within X Days of Task Order Authorization"]
Compensation
The total compensation for this Task Order shall not exceed $[Insert Amount], including labor, materials, equipment, and any applicable taxes. Payments will be made based on actual quantities of work completed and verified by the City.
Unit Prices:
Payments shall be made according to the unit prices established in Contract No. [Insert Contract Number].
City Project Manager
Name: [Insert Name]
Title: [Insert Title]
Phone: [Insert Phone Number]
Email: [Insert Email Address]
Contractor’s Project Manager
Name: [Insert Name]
Title: [Insert Title]
Phone: [Insert Phone Number]
Email: [Insert Email Address]
Attachment 1
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CRETE
NOTES:
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SLOPE =1:50
(2%) MAX . SLOPE TO SUIT
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8 SUBGRADE - 90% RELATIVE
COMPACTION SECTION A - A
4" CLA SS 2 AGGREGATE BASE
(95% RELATIVE COMPACTION)
DRIVEWAY WIDTH. SINGLE 10'-0" MIN,16'0" MAX . DOUBLE 18'-0" MIN, 24'-0" MAX . WIDTH INCREMENTS SHALL BE IN MULT IPLES OF 2 -0 . NOTE THAT FOR REQU IRED FIRE LANES, MINIMU M WIDTHS MAY BE GREATER.
IF CONSTRUCTING NEW DRIVEWAY IN EXISTING CURB, GUTTER & SIDEWALK, SAWCUT TO NEAREST SCORED JOINT OR CONTROL JOINT.
IF CONSTRUCTING NEW DRIVEWAY I N EXISTING CURB, GUTT ER & SIDEWALK, SAWCUT AC & REMOVE. REPLA CE WITH NEW AC AFTER CONSTRUCTION OF DRIVEWAY . AC THICKNESS = 6" MIN.; 12" MAX . ON ARTERIALS LIG HT BROOM FINISH ALL SURFACES. USE 1 PT LAMPBLA CK PER CY MAT CH EXISTING SCORE PATTERNS OR EXISTING JOINTS IN SIDEWAL K. SOME VARIATION IN DIMENSIONING IS PERMITT ED, PROVIDED SPECIFIED MAX / MIN SLOPES/DIMENSIONS ARE NOT VIOLA TED.
IF RIGHT - OF - WAY WIDTH IS INSUFFICIENT TO ALLOW THE USE OF THIS DETAIL, STANDARD DETAIL 5C - 2 MAY BE USED.
MINIMUM OF 4'.0 " TO EDGE OF ADJACENT DRIVEWAY APPROACH.
RESIDENTIAL DRIVEWAY APPROACH IN
MONO LITHIC CURB, GUTTER AND
SIDEWALK
Sunnyvale
DATE:
REVISED:
JUNE 30, 2006
MAY 2 022
Dw G.
C-1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
SCORE ' " DEEP TO FORM A
SQUARE PATTERN W/NOMINAL 6O"
DISTANCE BETW EEN SCORE MARKS
--- - -------
DEEP SCORE
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EXPANSION JOINT
EVERY 60 FEET
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- - - - - - ---<
I• I
DEEP SCORE (1'4 ")
EVERY 1O FEET
PLAN VIEW
NO SCALE
t
6' MIN.
• 10' MAX . SIDEWALK
NON-MONOLI THIC SECTION
(FOR NEW CONSTRUCTION)
VARIES
SIDEWALK 1
SLOPE:
2% MAX .,
1% MIN.
J g#mi
i,, k,li'# ?
31"
4" CLA SS 2 AGGREGATE BASE
(95% RELATIVE COMPACTION)
2'
6' MIN.
• 10' MAX . SIDEWALK VARIES
Et.-.i 'a+5.
31"
SIDEWALK 1
SLOPE:
2% MAX. ,
1% MIN.
4" CLASS 2 AGGREGAT E BASE
(95% RELATIVE COMPACTION)
MONOLITHIC SECTION
(ACCEPTABLE SUBJECT TO CITY'S APPROVAL)
NOTE: SEE PARKS AND RECREATION STANDARD DETAILS PK-81 & PK-82 FOR INSTALLATION OF ROOT BARRIER, IF CITY DETERMINES ROOT BARRIER IS NECESS ARY.
WHEN REPLACING EXISTING CURB WI NEW, REPLACE PRE-EXI STING CUR B MARKS & PAI NT (ESPECIA LLY THOSE MARKS IDENTIFYING SEWER OR VALVE FEATURES).
USE 1 PINT LAMPBLACK PER CUBIC YAR D OF CONCR ETE
FOR NEW CURB AND GUTT ER INSTALLATION, SAWCUT 24" MINIMUM AC FROM LIP OF GUTTER AND RÈMOVE. REPLACE WITH NEW AC DEEP LIFT IN 3" LAYERS TO A TOTAL MIN. DEPTH OF 6" OR TO EXIST. THICKNESS PLUS AN ADDITIONAL 1" , WHICHEVER IS GREATE
CURB , GUTTER &
SIDEWALK SECTION
Sunn vale
DATE : JUN E 30, 2006
REVISED : OCT 2024
BY:
Dw G.
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
APPENDIX B - CONTENTS
• City of Sunnyvale Standard Operating Procedures : Bicycle and Pedestrian Safety Through Work Zones
• SOP for Right Lane and Bike Lane Closures (Diagram)
Attachment 1
CITY OF SUNNYVALE
STANDARD OPERATING PROCEDURES
BICYCLE AND PEDESTRIAN SAFETY THROUGH WORK ZONES
CITY OF SUNNYVALE
Warning sign types and locations:
• For any lane closures on the right side of the street there will be four required signs.
1. Road Work Ahead
2. Right /Bike Lane Closed Ahead (depending on the situation)
3. A Bike Warning Sign - either W-79, Share the Road, or Watch for Bicyclists. Staff prefers using the Watch for Bicyclists sign.
4. Lane/Bike Lane Closed (depending on the situation)
Bike lane closures:
• For any bike lane closures there will be four signs required.
1. Road Work Ahead
2. Right /Bike Lane Closed Ahead (depending on the situation)
3. A Bike Warning Sign - either W-79, Share the Road, or Watch for Bicyclists. Staff prefers using the Watch for Bicyclists sign.
4. Lane/Bike Lane Closed (depending on the situation)
• Staff will try to provide a 14 foot wide travel lane in situations where bicycles and cars will need to share a lane. If this is not achievable, the Caltrans minimum of 10 feet will be required.
Sidewalk closures:
• A clear pedestrian path will be provided through any sidewalk construction.
1. This could be attained by
a) creating a pathway on the sidewalk around the construction, or through the parking strip
b) creating a coned or barricaded area off of the sidewalk, c) designating a flagger to escort pedestrians safely through the work zones
2. If there is no clear pathway immediately available, pedestrians will be detoured. Any detour will include detailed signage. The pedestrian will be notified of the detour before they reached the construction sites so that no backtracking would be required.
Elaborate pedestrian detours will be avoided if possible because staff has found them to be ineffective.
• Issues concerning provisions for people with disabilities will be handled on a case by case basis.
Sign placement for work zones that will not be closing any travel lanes:
• Work crews must warn roadway users of the work being conducted on the side of the roadway even when no travel lanes are being closed. In this situation, the warning signs will be placed off of the roadway as much as possible. Bicycle and pedestrian travel will be considered in the placement of the sign. Sign visibility and proximity to the work zone will also be considered.
Duration of work:
Attachment 1
• Work crews may use their discretion regarding warning signs and traffic control on jobs that will last under 1 hour. Short duration work is defined as work that occupies a location up to one hour. It is appropriate to use colored or marked vehicles with rotating strobe lights, arrow panels or truck mounted signs in place of advance signs and channelizing devices.
Nighttime visibility :
• Retro reflective 28" cones will be used to barricade work zones at night. • Barricades with reflective striping will be used to hold warning signs. • Arrow boards will be used under some circumstances.
• All work being conducted by the city at night will only done on an emergency basis.
Storage of Equipment on-street:
• No storage of construction equipment or debris is permitted on the street outside of working hours.
Outside contractor compliance:
• Provide all encroachment permitees with a copy of the city's SOP.
1. Make contractors aware ahead of time that they will be required to secure their own signs.
2. Staff will continue to make announcements to sign vendors that the City will be requiring these signs.
Complaint procedures:
• For complaints related to work done by city crews, all complaints will be routed through the "field services" answer point.
• For complaints related to work done for capital projects or by contractors with encroachment permits, all complaints will be routed to the Project Administration division.
Attachment 1
Attachment 1
Rev. 6/03
Exhibit B-1
COMPENSATION
(Effective September 2025)
Bid
Item Description Unit Unit Price
1 Remove and Reconstruct 4” Thick Concrete
Sidewalk SF $33.00
2 Remove and Reconstruct 6” Thick Concrete
Sidewalk (Driveway) SF $39.00
3 Remove and Reconstruct 6” Thick Concrete
Driveway Approach SF $39.00
4 Remove and Reconstruct 2 FT Driveway
Conform (6” Thick) SF $40.00
5 Remove and Reconstruct Curb and Gutter LF $175.00
6 Remove Concrete Park Strip and Backfill w/
4” Topsoil SF $15.00
7 4” Thick Asphalt Concrete (Greater than 2 FT
width per project specs) SF $25.00
8 Adjust Utility Boxes in Sidewalk EA $800.00
9 Excavate and Place Class II AB Subgrade (6”
Thick) TN $300.00
10 Tree and Stump Removal Medium Size 16” -
30” DBH EA $9,000.00
11 Tree and Stump Removal Large Size 31” or
Greater DBH EA $11,000.00
Attachment 1
Rev. 6/03
Exhibit D
LABOR COMPLIANCE REQUIREMENTS
Contractor Registration with the State of California – Contractors, and all applicable subcontractors which are required to pay prevailing wages, must be registered with the State of California, Department of Industrial Relations (DIR) through the Public Works Contractor Registration Program (PWC Registrati on) before bidding, being awarded, or performing work on public works projects in California. This includes those performing surveying work, material testing, inspection, trucking, boring, pot holing, concrete deliveries and temporary service companies who provide workers to prevailing wage contractors. Registration must remain current throughout the project entirety. It is the contractor’s responsibility to not allow their PWC Registration to lapse during the project and to ensure all Subcontractor’s registrations remain current. The Labor Commissioner can assess penalties to public works contractors of up to $10,000, in addition to the registration fee, for failure to register. Awarding agencies are also subject to penalties of $100 a day, up to a maximum of $10,000, for having an unregistered contractor perform work on a public works project. If any penalties are issued to the City for unregistered subcontractors or for a lapse in a contractor/subcontractor’s PWC Registration, these penalties will be pass ed onto the contractor. A contractor that allows an unregistered subcontractor to work on the project is also subject to penalties of $100 a day up to $10,000. Contractors shall list all applicable PWC registration numbers on the Bid Form.
Hours of Work – Pursuant to Labor Code, Section 1810, eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, worker, or mechanic employed at any time by the contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to w ork thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811 -1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which the laborer, worker, or mechanic is required or permitted to work more than eigh t hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of the Sections of the Labor Code. Such forfeiture amounts may be deducted from the contract sum.
Attachment 1
Rev. 6/03
Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California.
Wage Rates – Pursuant to Sections 1770, 1771 and 1774 of the Labor Code of the State of California, or any applicable local law, contractors shall not pay less than the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations. The City has ascertained the general prevailing rate per diem wages and rates for holidays, and overtime work in the city, for each craft, classification or type of laborer, worker, or mechanic needed to execute this Contract. The City has adopted, by reference, the general prevailing rate of wages applicable to the work to be done under the Contract, as adopted and published by the Division of Labor Standards Enforcement and Labor Statistics and Research of the State of California, Depa rtment of Industrial Relations, to which reference is hereby made for a full and detailed description. A copy of the prevailing wage rates may be reviewed in the office of the Director of Public Works, City of Sunnyvale, 456 West Olive Avenue, Sunnyvale, C alifornia. Wage rates can also be obtained through the California Department of Industrial Relations website at:
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor may base any claim against the City.
In case it becomes necessary for Contractor or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as such) for which no m inimum wage rate is herein specified, Contractor shall immediately notify the City who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work. A schedule of the most recent general prevailing per diem wage rat es made available to the City will be on file at the City’s principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information only and is not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay Attachment 1
Rev. 6/03
those rates as required. By this reference the verified current schedule of prevailing wage rates is made part of the Contract Documents. Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers emplo yed by such subcontractors in the execution of the work.
Contractor shall forfeit to the City, as a penalty, no more than two hundred dollars ($200.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the w orker is employed for any portion of the work done by contractor or any subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive. Such forfeiture amounts may be deducted from the contract su m. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or portion thereof, for which the work er was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work pa id by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.
Certified Payroll Records – Pursuant to Labor Code, Sections 1776 et. Seq., contractor and all subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, an d the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by contractor or subcontractors keepi ng such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll for City-funded projects, and no later than one week for federal aid projects. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Labor Code section 1776 (a). In the event that the contractor or subcontractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or po litical subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Certified payroll records shall be made available at reasonable hours at the contractor’s principal office to the persons authorized to inspect such records pursuant to Labor Code section 1776.
Attachment 1
Rev. 6/03
Certified payroll shall also be made available for inspection upon request by the State of California Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the State of California Division of Industrial Relations.
Each contractor and every lower -tier subcontractor will be required to submit certified payrolls and labor compliance documentations electronically via the software LCPtracker.
Contractor shall cause all subcontracts to include the provision that all subco ntractors submit certified payrolls and labor compliance documentation electronically via LCPtracker. Electronic submission will be a web -based system, accessed on the World Wide Web by a web browser. Each contractor user will be given a Log -On identification and password to access the City’s reporting system. Access will be coordinated by a City representative.
Apprentice Program – Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, contractor or subcontractors should, where some question exists, contact the Divisi on of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, California, or one of its branch offices prior to commencement of the work. In the event contractor willfully fails to comply with this section, it will be considered in violation of th e requirements of the Contract.
Contractor and all of its subcontractors shall abide by the provisions of California Labor Code Section 1777.6 prohibiting discrimination in the acceptance of otherwise qualified apprentices; and California Labor Code Section 3095 which declares the unlawf ul discrimination in any recruitment or apprenticeship program on stated grounds. City shall be entitled to retain and withhold all penalties as authorized pursuant to California Labor code, Division 2, Part 7, Chapter 1, commencing with Section 1720 and f ollowing, in accordance with the provisions of that Chapter, and the regulations established by the Director of Industrial Relations pursuant to the statutory authority of such chapter.
Attachment 1