2024/06/11 City Council Resolution 2024-036 RESOLUTION NO. 2024-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
FINDING THE 23-24 PAVEMENT PREVENTATIVE MAINTENANCE PROJECT
(PROJECT CIP2301) EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15301, APPROVING THE PLANS AND SPECIFICATIONS, AWARDING
THE CONSTRUCTION CONTRACT TO DOOLITTLE CONSTRUCTION, LLC FOR
$1,690,690, AUTHORIZING THE CITY MANAGER TO APPROVE UP TO $338,138
(20%) IN CHANGE ORDERS, AUTHORIZING A CONSULTANT SERVICES
AGREEMENT WITH ALPHA CM FOR CONSTRUCTION MANAGEMENT
SERVICES FOR A TOTAL AMOUNT OF $99,392.00, AND AUTHORIZING A BUDGET
AMENDMENT OF $1,700,000 FROM GAS TAX
WHEREAS, in February 2022, the City received a pavement management budget options
report that provided a five year pavement management plan to guide the City on pavement
maintenance treatment and timing; and
WHEREAS, the report stated that the City currently maintains an average Pavement
Condition Index (PCI) score of 68 over the 98 miles of roadway and has $46 million of deferred
roadway maintenance in order to get the PCI to 82; and
WHEREAS, the pavement management budget options report provided a list of
recommended roadways to improve to maintain a PCI of 68 within the City's allocated budget;
and
WHEREAS, the 23-24 Pavement Preventative Maintenance Project (Project) is a
Citywide slurry and striping project intended to refresh asphalt and reduce roadway permeability
on the roadways identified in the report; and
WHEREAS, the plans and specifications for the Project were prepared by
Coastland/DCCM and approved by the City Engineer; and
WHEREAS, consistent with Public Contract Code, an invitation for bids was posted and
published on March 15, 2024 and March 22, 2024; and
WHEREAS, six (6) sealed bids were received at the bid opening on April 17, 2024, and
were publicly opened; and
WHEREAS, staff reviewed bids and determined that Doolittle Construction submitted the
lowest responsive and responsible bid in an amount of$1,690,690.00; and
WHEREAS, staff solicited a request for proposals on March 15, 2024, determined that
Alpha CM has the experience and resources to provide construction management and inspection
services, and staff recommends procuring their services through a Consultant Services Agreement
for $99,392.00; and
WHEREAS, staff recommends that the City Council authorize a Budget Amendment to
transfer $1,700,000 of Gas Tax funding to the 23-24 Pavement Maintenance Project CIP2301
project.
WHEREAS,there is insufficient funding in the project to award the Construction Contract
with Doolittle Construction, LLC, 20% construction contingency and Consultant Services
Agreement with Alpha CM; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve as follows:
1. The above recitals are true and correct and material to this Resolution.
2. The City Manager is hereby authorized to approve up to 20% ($338,138) in Construction
Change Orders.
3. The City Council determines that the Project is categorically exempt from CEQA pursuant
to CEQA Guidelines Sections 15301c due to work on existing streets and directs staff to
file a Notice of Exemption with the Clerk-Recorder's Office for the County of Sonoma.
4. The plans and specifications for the Project, on file with the City Clerk, are hereby
approved and adopted.
5. In making its findings, the City Council relied upon and hereby incorporates by reference
all of the bid materials, correspondence, staff reports and all other related materials.
6. In accordance with California Public Contract Code Section and any other applicable laws,
the City Council of the City of Rohnert Park hereby finds the bid from Doolittle
Construction, LLC for $1,690,690.00 to be the lowest, responsive and responsible bid and
waives any irregularities in such bid in accordance with applicable law.
7. The City Manager is hereby authorized and directed to execute the contract with Doolittle
Construction, LLC,Exhibit A, for the sum of One Million, Six Hundred Ninety Thousand,
Six Hundred and Ninety Dollars($2,852,349)for construction of the Project in accordance
with the bid documents and applicable law upon submission by Doolittle Construction,
LLC of all documents required pursuant to the Project bid documents.
8. City staff is hereby directed to issue a Notice of Award to Doolittle Construction, LLC. for
the Project.
9. The City Manager is hereby authorized to execute a Consultant Services Agreement with
Alpha CM for$99,392.00 for Construction Management and Inspection Services, as
shown in Exhibit B.
10. The City Manager is authorized to approve a Budget Amendment in the amount of
$1,700,000 from Gas Tax for the Project, and reduction of$1,700,000 from Fund 7110.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to the same for and on behalf of the City of Rohnert Park, and the
City Attorney's office is authorized to make minor edits to the documents.
DULY AND REGULARLY ADOPTED this 11th day of June, 2024.
CITY HNERT PARK
Susan H. Adams, Mayor
Resolution 2024-036
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ATTEST:
C , .. '
Sylvia Lopez Cuevas,,efty Clerk
A R VE S O FORM:
I
M thelle M. Kenyon, City Attorney
Attachments: Exhibit A and B
4%
ELWARD: C RODRIGUEZ: SANBORN: GIUDICE t ADAM
AY'CS: ( S) NOES ) ABSENT: ( ABSTAIN: (
Resolution 2024-036
Page 3 of 3
LOCATION MAP
PROJECT
VICINITY MAP
LOCATION
INDEX OF SHEETS
PROJECT
LOCATION, TYP.
SEE SHEET INDEX
COASTLAND | DCCM
1400 Neotomas Avenue
Santa Rosa, CA 95405
707.571.8005 | coastlandcivil.com
FEBRUARY 2024
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PARALLEL PARKING WITH STRIPE DETAIL3
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LEGEND
ABBREVIATIONS: GENERAL NOTES:
483
CONSTRUCTION NOTE DESIGNATIONS
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PLAN VIEW
SLURRY SEAL AT UTILITY
COVER DETAIL
PARALLEL PARKING STRIPING DETAIL2
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INTERMEDIATE PARKING DETAIL
END PARKING DETAIL
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SHEET INDEX
SHEET STREETS STRIPINGBY CITY SHEET STREETS STRIPINGBY CITY SHEET STREETS STRIPINGBY CITY5MAURICE AVENUE 10 MACKEY COURT 14 CAMINO CORONDO (PORTION)
MILTON PLACE MAGILL LANE CARLITA CIRCLE X
MONTE PLACE MANOR COURT COPELAND CREEK DRIVE (PORTION)X
MERCEDES WAY MANDOLIN WAY JOANNE COURT X
6 MAURICE AVE (PORTION)MARQUE DRIVE SOUTHWEST BOULEVARD (PORTION)
MAXIMILIAN PLACE MATEO DRIVE 15 AVIENDA CALA (PORTION)X
MAUREEN PLACE (PORTION)MEDALLION WAY CALECITA COURT
MARY PLACE MELODY DRIVE CAMINO CORONDO (PORTION)
MIDDLEBROOK WAY (PORTION)MICHELE COURT CAMINO CORTO X
7 MADRIGOLD PL 11 LIBERTY COURT X SOUTHWEST BOULEVARD (PORTION)
MATTICE LANE LIGHTWOOD COURT X 26 MEDICAL CENTER DRIVE X
MIRAMONTE PLACE LLANA COURT X SNYDER LANE
MITCHELL DRIVE (PORTION)LOADSTONE COURT X
8 MADISON AVE,LUNAR COURT X
MALLORY PLACE 12 AVENIDA CALA (PORTION)X
MANCHESTER AVENUE (PORTION)CAMINO COLEGIO (PORTION)
MARIA PLACE CARIDAD COURT X
MIDDLEBROOK WAY (PORTION)CARILLON COURT X
9 MAINSAIL DR CIELO CIRCLE X
MAMMOTH DRIVE CLOISTER COURT X
MAMMOTH PLACE CREST COURT X
MANCHESTER AVENUE (PORTION)13 CAMINO COLEGIO (PORTION)
MARCEL PLACE COPELAND CREEK DRIVE (PORTION)X
MARINER PLACE JACARANDA STREET X
MARLIN PLACE RASMUSSEN WAY X
MATHIAS PLACE REBA'S WAY X
MITCHELL DRIVE (PORTION)REBECCA WAY X
SHEET INDEX TABLE
FEBRUARY 2024
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SHEET INDEX
SHEET INDEX TABLE
SHEET STREETS STRIPING BYCITY SHEET STREETS STRIPING BYCITY16EILEEN COURT X 22 FAUNA AVENUE X
ELAINE COURT X FAWN COURT X
ELLIS STREET X FESCUE WAY X
ELVERA STREET X FILBERT COURT X
EMMA COURT X FILAMENT COURT X
ERIC COURT X FIRETHORN DRIVE X
ETHEL COURT X FLOWER COURT X
EVELYN AVENUE X FUCHSIA AVENUE X
EVONNE AVE X 23 COUNTRY CLUB DRIVE X
17 DANIEL DRIVE X HACIENDA COURT X
DOLORES DRIVE X HACIENDA WAY X
18 HAGEMAN LANE X UTILITY COURT X
HERMITAGE WAY X 24 GALAXY COURT X
HILLVIEW COURT X GARFIELD COURT X
HONEYBROOK PLACE X GARY COURT X
19 HAMLET COURT X GENESIS COURT X
HAMPTON COURT X GRAYWHALER LANE X
HAZEL COURT X GRETCHEN COURT X
HARVARD COURT X 25 GARMONT COURT X
HEATH CIRCLE X GARRETT COURT X
HEMP COURT X GASPAR COURT X
20 HANSOM COURT X GILFORD LANE X
HARVEST COURT X GLORIA COURT X
HATTERAS COURT X GRACE COURT X
HAWTHORNE CIRCLE X GRAYMILL COURT X
HEDGE COURT X GROVE STREET X
HEMINWAY COURT X
HERITAGE LANE X
21 HEATHER LANE X
HERMOSA COURT X
HICKORY WAY X
HOLLINGSWORTH CIRCLE X
HOLLINGSWORTH COURT X
HOLLY AVENUE X
FEBRUARY 2024
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c
o
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c
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c
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CONSTRUCTION NOTES
SL
O
W
SC
H
O
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L
XIN
G
SL
O
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SC
H
O
O
L
XIN
G
SC
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XI
N
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SC
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XI
N
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SLOW
SCHOOL
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STOP
STOP
STO
P
STOP
STOP
STOP
STOP
STOP
S
T
O
P
STOP
STOP
STO
P
S
T
O
P
STO
P
STO
P
FEBRUARY 2024
2612
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
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N
P
L
A
N
CI
T
Y
O
F
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O
H
N
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P
A
R
K
18-5082
VA
R
I
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S
S
T
R
E
E
T
S
20
2
3
-
2
0
2
4
P
A
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M
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CO
A
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L
A
N
D
|
D
C
C
M
14
0
0
N
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|
c
o
a
s
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c
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l
.
c
o
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CONSTRUCTION NOTES
MATCHLINE SEE SHEET 13
3
2
SOUTHWEST BLVD SEE SHEET 15
ST
O
P
ST
O
P
S
T
O
P
STOP
STOP
ST
O
P
LANE
BIKE
FEBRUARY 2024
2613
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
O
N
P
L
A
N
CI
T
Y
O
F
R
O
H
N
E
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T
P
A
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K
18-5082
VA
R
I
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S
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R
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E
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S
20
2
3
-
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0
2
4
P
A
V
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M
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N
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M
A
I
N
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N
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N
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CO
A
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A
N
D
|
D
C
C
M
14
0
0
N
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T
1
4
CONSTRUCTION NOTES
MATCHLINE SEE SHEET 12
2
2
SL
O
W
SC
H
O
O
L
XI
N
G
R
R
R
R
S
T
O
P
STO
P
STOP
STO
P
STOP
FEBRUARY 2024
2614
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
O
N
P
L
A
N
CI
T
Y
O
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H
N
E
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T
P
A
R
K
18-5082
VA
R
I
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S
S
T
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E
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S
20
2
3
-
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0
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4
P
A
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M
A
I
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N
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N
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A
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|
D
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14
0
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T
1
3
MA
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H
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1
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CONSTRUCTION NOTES
MAT
C
H
L
I
N
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S
E
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S
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T
1
5
SL
O
W
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XI
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SL
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SC
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L
XI
N
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L
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G
SC
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N
G
SC
H
O
O
L
XI
N
G
XING
STOPSTOP
STOP
ST
O
P
STOP
STOP
ST
O
P
STOP
FEBRUARY 2024
2615
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
O
N
P
L
A
N
CI
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N
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P
A
R
K
18-5082
VA
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I
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S
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20
2
3
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2
4
P
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N
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A
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CO
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N
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|
D
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M
14
0
0
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MA
T
C
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T
1
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CONSTRUCTION NOTES
MAT
C
H
L
I
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S
E
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S
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T
1
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SN
Y
D
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R
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T
2
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E
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T
2
6
CAMINO COLEGIO, SEE SHEET 12
STOP
STOPSTO
P
STOP
STOP
STOP
STOP
STOP
STOP
STOP
FEBRUARY 2024
2616
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
O
N
P
L
A
N
CI
T
Y
O
F
R
O
H
N
E
R
T
P
A
R
K
18-5082
VA
R
I
O
U
S
S
T
R
E
E
T
S
20
2
3
-
2
0
2
4
P
A
V
E
M
E
N
T
M
A
I
N
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A
N
C
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CO
A
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L
A
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D
|
D
C
C
M
14
0
0
N
e
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9
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4
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7
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5
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|
c
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a
s
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a
n
d
c
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v
i
l
.
c
o
m
CONSTRUCTION NOTES
STOP
STOP
STOP
STOP
STOP
FEBRUARY 2024
2617
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
O
N
P
L
A
N
CI
T
Y
O
F
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H
N
E
R
T
P
A
R
K
18-5082
DA
N
I
E
L
D
R
I
V
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&
D
O
L
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E
S
D
R
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20
2
3
-
2
0
2
4
P
A
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M
E
N
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M
A
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N
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E
N
A
N
C
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CO
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L
A
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|
D
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C
M
14
0
0
N
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|
c
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a
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n
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c
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l
.
c
o
m
CONSTRUCTION NOTES
ST
O
P
ST
O
P
FEBRUARY 2024
2618
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
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N
P
L
A
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T
Y
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F
R
O
H
N
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T
P
A
R
K
18-5082
VA
R
I
O
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S
S
T
R
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E
T
S
20
2
3
-
2
0
2
4
P
A
V
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M
E
N
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M
A
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N
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A
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C
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CO
A
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L
A
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D
|
D
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C
M
14
0
0
N
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9
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|
c
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a
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a
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c
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v
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l
.
c
o
m
CONSTRUCTION NOTES
ST
O
P
ST
O
P
STOPSTOPSTOPSTOP
FEBRUARY 2024
2619
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
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A
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N
E
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T
P
A
R
K
18-5082
VA
R
I
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S
S
T
R
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T
S
20
2
3
-
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0
2
4
P
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E
N
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M
A
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N
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N
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A
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D
|
D
C
C
M
14
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9
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4
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7
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|
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c
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v
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l
.
c
o
m
CONSTRUCTION NOTES
STOP
STOP
STOP
STOP
ST
O
P
STOP
STOP
STOP
FEBRUARY 2024
2620
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
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P
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A
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T
P
A
R
K
18-5082
VA
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S
S
T
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S
20
2
3
-
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0
2
4
P
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M
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M
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|
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C
C
M
14
0
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c
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l
.
c
o
m
CONSTRUCTION NOTES
ST
O
P
STOP
STOP
ST
O
P
STOP
STOP
STOP
STOP
FEBRUARY 2024
2621
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
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A
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P
A
R
K
18-5082
VA
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S
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S
20
2
3
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2
4
P
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A
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|
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C
M
14
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l
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n
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c
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l
.
c
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m
CONSTRUCTION NOTES
S
T
O
P
STO
P
STOP
STOP
STOP
ST
O
P
STOP
STOP
STO
P
FEBRUARY 2024
2622
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
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A
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P
A
R
K
18-5082
VA
R
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T
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20
2
3
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2
4
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A
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14
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R
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CONSTRUCTION NOTES
ST
O
P
STOP
STOP
ST
O
P
PED
XING
PED
XING
FEBRUARY 2024
2623
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
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L
A
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P
A
R
K
18-5082
VA
R
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S
T
R
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E
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S
20
2
3
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2
4
P
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N
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M
A
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|
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C
M
14
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c
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.
c
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m
CONSTRUCTION NOTES
STOP
STOP
STOP
STOP
ST
O
P
ST
O
P
STOP
STOP
ST
O
P
STOPSTOP
FEBRUARY 2024
2624
PA
V
E
M
E
N
T
R
E
H
A
B
I
L
I
T
A
T
I
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A
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K
18-5082
VA
R
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S
T
R
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S
20
2
3
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2
4
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M
A
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|
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C
C
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14
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.
c
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CONSTRUCTION NOTES
STOP
STOP
STOP
STOP
STOP
STOP
STOP
STOP
ST
O
P
ST
O
P
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SOUTHWEST BLVD, SEE SHEET 15
CAMINO CORTO, SEE SHEET 15
OAK #4888-9091-9966 v1
CITY OF ROHNERT PARK
CONTRACT DOCUMENTS, SPECIAL PROVISIONS AND
STANDARD SPECIFICATIONS
FOR
23-24 PREVENTATIVE MAINTENANCE PROJECT
PROJECT NO. 2023-01
BID DUE DATE: April 17, 2024 at 1:00PM
Prepared by
City of Rohnert Park-
Public Works
600 Enterprise Drive
Rohnert Park, CA 94928
(707) 588-3300
CITY COUNCIL
Mayor – Susan Hollingsworth Adams
Vice-Mayor – Gerard Giudice
Council Member – Samantha Rodriguez
Council Member - Jackie Elward
Council Member – Emily Sanborn
City Manager – Marcela Piedra
City Engineer – Vanessa Garrett
TOC-i
OAK #4888-9091-9966 v1
TABLE OF CONTENTS
Page
PART 1 - BID DOCUMENTS
Invitation for Sealed Bids 1-1
Instructions to Bidders 1-3
Bidder's Proposal 1-7
Schedule of Bid Prices 1-9
Addendum Acknowledgment 1-11
Contractor's License Declaration 1-12
List of Subcontractors 1-13
Bid Bond 1-14
Noncollusion Declaration 1-15
Declaration of Eligibility to Contract 1-16
Sample Contract 1-17
Insurance 1-25
Sample Certificate of Insurance and Endorsements 1-26
PART 2 - SPECIAL PROVISIONS
Paragraph Page
Project Owner 2.01 2-1
Location and Description of Work 2.02 2-1
Insurance 2.03 2-1
Bonds 2.04 2-4
Liquidated Damages 2.05 2-4
Withdrawals of Proposals 2.06 2-5
Drawings and Specifications 2.07 2-5
Cooperation and Collateral Works 2.08 2-5
Protection and Restoration of Existing Improvements 2.09 2-5
Permits and Licenses 2.10 2-5
Approved Debris Haulers 2.11 2-6
Field Review Prior to Bidding 2.12 2-6
Testing 2.13 2-6
Working Hours and Record Drawings 2.14 2-6
Project Identification Sign 2.15 2-6
Coronavirus Risks and Construction Requirements 2.16 2-7
PART 3–STANDARD SPECIFICATIONS
SECTION 1 - DEFINITIONS AND TERMS
Paragraph Page
Definitions and Terms ............................................................................................. n/a 3-1
SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS
Intent ........................................................................................................................ 2.1 3-4
SECTION 3 - AWARD AND EXECUTION OF CONTRACT
TOC-ii
OAK #4888-9091-9966 v1
Award of Contract ....................................................................................... .......... 3.1 3-5
Bid Protests ................................................................... ......................................... 3.2 3-5
Return of Proposal Guarantees ............................................................................... 3.3 3-5
Bonds ................................................................................. ..................................... 3.4 3-6
Execution of Contract ........................................................................ .................... 3.5 3-6
Failure to Execute Contract..................................................................................... 3.6 3-6
SECTION 4 - SCOPE OF WORK
Work to be Done by Contractor .................................................................. .......... 4.1 3-8
Final Clean-Up ............................................................................................ .......... 4.2 3-8
Changes in the Contract - Effect Between Parties ...................................... .......... 4.3 3-8
Maintenance of Detours .............................................................................. .......... 4.4 3-11
Use of Materials Found on the Work .......................................................... .......... 4.5 3-11
SECTION 5 - CONTROL OF THE WORK
Authority of City Engineer ....................................................................... ............. 5.1 3-13
Plans..................................................................................................... ................... 5.2 3-13
Conformity with Plans ................................................................................ .......... 5.3 3-13
Working Drawings ...................................................................................... .......... 5.4 3-13
Coordination of Plans, Specifications, and Special Provisions .................. .......... 5.5 3-13
Interpretation of Plans and Specifications .................................................. .......... 5.6 3-14
Superintendence .......................................................................................... .......... 5.7 3-14
Lines, Grades and Measurements ............................................................... .......... 5.8 3-14
Inspection .................................................................................................... ........... 5.9 3-15
Unauthorized Work and Defective Work or Materials ............................... ......... 5.10 3-16
Methods and Equipment ............................................................................. .......... 5.11 3-16
Final Inspection and Acceptance ................................................................ .......... 5.12 3-17
Clean-Up Work ........................................................................................... .......... 5.13 3-17
SECTION 6 - CONTROL OF MATERIALS
City-Furnished Materials ........................................................................ ............... 6.1 3-18
Materials to be Furnished by the Contractor ............................................... ......... 6.2 3-18
Source of Supply and Quality of Materials ................................................. ......... 6.3 3-18
Water and Electric Power ........................................................................... ........... 6.4 3-19
Materials and Workmanship ....................................................................... .......... 6.5 3-19
Storage of Materials .................................................................................... .......... 6.6 3-19
Samples and Specimens .............................................................................. .......... 6.7 3-19
Trade Names and Alternatives .................................................................... .......... 6.8 3-20
Removal of Equipment or Materials ........................................................... .......... 6.9 3-20
Testing of Materials .................................................................................... ........... 6.10 3-20
SECTION 7 - LEGAL RELATIONS AND RESPONSIBILITY
Laws to be Observed ................................................................................... .......... 7.1 3-21
Permits ........................................................................................................ ........... 7.2 3-21
Patent Claims .............................................................................................. ........... 7.3 3-21
Sanitary Provisions ..................................................................................... ........... 7.4 3-21
Right of Way and Right of Access .............................................................. ......... 7.5 3-21
Public Convenience and Access ................................................................. .......... 7.6 3-22
Storage of Materials in Public Streets, Roads or Highways ....................... ......... 7.7 3-22
Public Safety ............................................................................................... ........... 7.8 3-22
TOC-iii
OAK #4888-9091-9966 v1
Street Closures, Detours, Barricades ..................................................................... 7.9 3-23
Use of Explosives ....................................................................................... ........... 7.10 3-23
Preservation of Property ............................................................................. ........... 7.11 3-24
Preservation of Monuments ........................................................................ .......... 7.12 3-24
Safeguarding Excavations and Structures ................................................... ......... 7.13 3-24
Emergencies and Responsibility for Damage ............................................. .......... 7.14 3-24
Disposal of Material Outside of City's Right of Way ............................. ............. 7.15 3-25
Contractor's Responsibility for Work ......................................................... .......... 7.16 3-25
City Engineer Cannot Waive Obligations ................................................. ........... 7.17 3-26
Rights in Land Improvements ..................................................................... .......... 7.18 3-26
Personal Liability ........................................................................................ ........... 7.19 3-26
Repair of Equipment ................................................................................... .......... 7.20 3-26
Contractor's Legal Address ......................................................................... .......... 7.21 3-27
Cooperation and Collateral Works .............................................................. .......... 7.22 3-27
Utilities ........................................................................................................ ........... 7.23 3-27
SECTION 8 - PROSECUTIONS AND PROGRESS
Subcontracts ................................................................................................ ........... 8.1 3-31
Assignment .................................................................................................. .......... 8.2 3-31
Progress of the Work .................................................................................. ........... 8.3 3-31
Character of Workmen ................................................................................ .......... 8.4 3-31
Temporary Suspension of Work ................................................................. .......... 8.5 3-31
Time of Essence, Liquidated Damages, Extension of Time by City ...... ............. 8.6 3-32
Default By Contractor…………………………………………………….. ....... 8.7 3-33
Work at Night .......................................................................................................... 8.8 3-33
Maximum Length of Open Trench ............................................................. .......... 8.9 3-33
Limited Acceptance of Work ...................................................................... .......... 8.10 3-33
SECTION 9 - MEASUREMENT AND PAYMENT
Measurement for Payment .......................................................................... .......... 9.1 3-34
Scope of Payment ....................................................................................... ........... 9.2 3-34
Deductions from Payments ......................................................................... .......... 9.3 3-34
Schedule of Values...................................................................................... ........... 9.4 3-34
Payments and Monthly Estimates ............................................................... .......... 9.5 3-35
Payment for Extra Work ....................................................................................... 9.6 3-36
Final Payment ............................................................................. ........................... 9.7 3-36
SECTION 10 - CLAIMS BY CONTRACTOR
Obligation to File Claims for Disputed Work....................................................... 10.1 3-37
Form and Contents of Claim................................................................................. . 10.2 3-37
Informal Conference after Claim Submission....................................................... 10.3 3-38
Mediation ................................................................................................................. 10.4 3-38
Other Matters ........................................................................................................... 10.5 3-39
Compliance with Statutory Procedures .................................................................. 10.6 3-39
PART 4 – TECHNICAL SPECIFICATIONS
General....................................................... ............................................................. 12.1 4-2
Existing Facilities................................................................................ ................... 12.2 4-14
TOC-iv
OAK #4888-9091-9966 v1
Street Sweeping/Pavement Preparation....................................................... .......... 12.3 4-15
Crack Sealing ........................................................................................................... 12.4 4-16
Slurry Seal ................................................................................................................ 12.5 4-19
Traffic Striping and Markings ................................................................................ 12.6 4-22
Pavement Markers ................................................................................................... 12.7 4-24
Final Cleanup ........................................................................................................... 12.8 4-26
PART 5 – DRAWINGS
Full-size sheets bound separately
1 COVER SHEET
2 ABBREVIATIONS, LEGEND, DETAILS, AND GENERAL NOTES
3 SHEET INDEX
4 SHEET INDEX 2
5 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
6 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
7 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
8 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
9 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
10 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
11 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
12 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
13 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
14 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
15 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
16 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
17 PAVEMENT REHABILITATION PLAN – DANIEL DR & DOLORES DR
18 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
19 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
20 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
21 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
22 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
23 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
24 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
25 PAVEMENT REHABILITATION PLAN – VARIOUS STREETS
26 PAVEMENT REHABILITATION PLAN – SNYDER LN & MEDICAL CENTER DRIVE
OAK #4888-9091-9966 v1
PART 1 - BID DOCUMENTS
23-24 Preventative Maintenance Project Part 1: Bid Documents
Rohnert Park City Proj. No. 2023-01 Page 1-1
OAK #4888-9091-9966 v1
INVITATION FOR SEALED BIDS
23-24 PREVENTATIVE MAINTENANCE PROJECT
PROJECT NO. 2023-01
Notice is hereby given that on Wednesday, April 17, 2024, at 1:00:00 PM at 130 Avram Avenue, Rohnert
Park, California, the City of Rohnert Park will receive and open sealed bids for the 23-24 Preventative
Maintenance Project, Project No. 2023-01. Sealed bids shall be dropped off in the secured box to the right
of the main doors in front of City Hall before 1:00:00 PM on April 17, 2024. The work is described
generally as crack sealing, slurry seal, traffic striping and pavement markings. The Contractor must have
a valid California contractor's license, a Class A license. The Engineer’s estimate for this project is
$2,200,000. The Contractor must begin work within fifteen (15) calendar days after official notice by the
City Engineer to proceed with the work and must diligently prosecute the same to completion within 60
calendar days of that Notice.
Under California Labor Code section 1770 et seq., copies of the determination of the Director of the
Department of Industrial Relations of the general prevailing rate of per diem wages for each craft,
classification and type of workman needed to execute the work are on file in and available to any interested
person on request at the Department of Public Works, or on the Internet at
http://www.dir.ca.gov/dlsr/PWD/index.htm, and are incorporated herein. (Labor Code § 1773.2.)
Prevailing wage determinations must also be posted at each job site.
SB 854 (Stat. 2014, Chapter 28) establishes that 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. All contractors and subcontractors must furnish electronic certified
payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). The
prime contractor must also post job site notices prescribed by regulation.
Per California Civil Code Section 9550, a payment bond in the amount of 100% of the bid total will be
required from the successful bidder for bids exceeding $25,000. The bond must be provided within 15
calendar days from notice of award and prior to the performance of any work.
A performance bond and bid bond must also be provided for bids exceeding $25,000.
For any moneys earned by the Contractor and withheld by the City of Rohnert Park to ensure the
performance of the contract, the Contractor may, at its request and sole expense, substitute certain
securities equivalent to the amount withheld in the form and manner and subject to the terms and
conditions provided in the California Public Contracts Code Section 22300.
This notice incorporates by reference the terms, conditions and requirements of the specifications
approved by the City, any and all changes or amendments to the specifications and special instructions or
special notice issued to or given to prospective bidders.
The City of Rohnert Park makes no representation or warranty of the condition of the jobsite. All
prospective bidders are requested to carefully review the plans and specifications and to examine and
conduct tests or otherwise satisfy themselves as to the conditions at the project site, subject to coordination
with the office of the Rohnert Park City Engineer.
Except as otherwise indicated in the Instructions to Bidders, bids will be publicly opened, examined and
23-24 Preventative Maintenance Project Part 1: Bid Documents
Rohnert Park City Proj. No. 2023-01 Page 1-2
OAK #4888-9091-9966 v1
declared on said day and hour and referred to and considered by the City Council at a future City Council
meeting. Each bid must be submitted on the bid forms furnished by the City, and each bid must include
all the items shown on these forms. Substitute forms may be used if specified in this Notice.
The City reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive
inconsequential defects in bidding not involving time, price or quality of the work. The City may reject
any and all bids and waive any minor irregularity in the bids.
A copy of the drawings and specifications may be obtained from Draftech for a non-refundable fee.
Draftech Blueprinting is located at 1544 Terrace Way, Santa Rosa, CA 95404, phone number 707-578-
9442. The planholders list and all addendums shall be issued through the City of Rohnert Park. In order
to ensure receipts of addendums, any party interested in the project shall place their information with the
City of Rohnert Park, attention Jason Sampietro, Associate Engineer, 600 Enterprise Drive, Rohnert Park,
California 94928, telephone: (707) 588-2235, email: pwprojects@rpcity.org. For questions relating to the
project, please contact the Department of Public Works at 707-588-3300 or pwprojects@rpcity.org.
Posted Date: March 13, 2024 /s/ SYLVIA LOPEZ CUEVAS
Published Date: March 15, 2024 City Clerk of the City of Rohnert Park
March 22, 2024
23-24 Preventative Maintenance Project Part 1: Bid Documents
Rohnert Park City Proj. No. 2023-01 Page 1-3
OAK #4888-9091-9966 v1
INSTRUCTIONS TO BIDDERS
The bidder must file its bid with the City Engineer of the City of Rohnert Park, California, using the copy of
the Bidder's Proposal and Schedule of Bid Prices furnished with the specifications. These documents must
be placed in a sealed envelope marked,
23-24 PREVENTATIVE MAINTENANCE PROJECT
PROJECT NO. 2023-01
and addressed to the City Engineer of the City of Rohnert Park, California. Said sealed bids shall be dropped
off in the secured box to the right of the main doors in front of City Hall located at 130 Avram Avenue,
Rohnert Park, California before 1:00:00 PM on April 17, 2024. The bidder must not file the book of Special
Provisions or the Contract Drawings with his bid.
The bidders attention is directed to the schedule of bid prices that requires this project be bid as a unit price
contract.
Bid Forms. Each proposal and all bid submittals must conform and be responsive to the Invitation, the
Plans, Specifications and Contract documents.
The wording of the proposal and bid submittals must not be changed. Any additions, conditions, limitations,
or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures
or interlineations in the proposal or other submittals must be explained or noted over the signature of the
bidder.
In case of discrepancy between a unit price and the total price set forth for the unit price item, the unit price
shall prevail. Discrepancies between the indicated sum of any column of numerals and the correct sum
thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures, or
words and numerals, will be resolved in favor of the words.
Prices. All proposals must give the prices proposed, both in writing and in figures in the respective spaces
provided, and must be signed by the bidder, who must fill out all blanks in the proposal form as therein
required.
Rejection of Bids. Proposals may be rejected if they show any alterations of form, additions not called for,
conditional proposals, incomplete proposals, erasures, or irregularities of any kind, excepting that erasures or
delineations in the proposal will be accepted as provided under “Bid Forms” above.
When proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign
Contracts on its behalf or a member of a co-partnership, a Power of Attorney must be on file with the City
prior to opening proposals or must be submitted with the proposal; otherwise, the proposal may be rejected
as irregular and unauthorized.
Bid Security. All proposals must be presented under sealed cover and accompanied by one of the following
forms of bidder's security: Cashier's check, certified check, or a bidder's bond in form provided herein,
executed by an admitted surety insurer authorized to transact business in this State, made payable to the City.
Said bidder's bond submitted must be the City's bid bond. The security must be in an amount equal to at least
10 percent of the proposal amount. A proposal must not be considered unless one of the forms of bidder's
security is enclosed with it. A bidder's bond will not be accepted unless it has been properly filled out and
executed by the surety and by the bidder.
Withdrawal of Bid. Any bid may be withdrawn at any time prior to the time fixed in the public notice for
the opening of proposals only by written request for the withdrawal of bid filed with the City Engineer. The
request must be executed by the bidder or its duly authorized representative. The withdrawal of a bid does
23-24 Preventative Maintenance Project Part 1: Bid Documents
Rohnert Park City Proj. No. 2023-01 Page 1-4
OAK #4888-9091-9966 v1
not prejudice the right of the bidder to file a new bid. This article does not authorize the withdrawal of any
bid after the time fixed in the public notice for the opening of bids.
Means of Submittal. Proposals submitted by facsimile and proposals failing to reach the office of the City
prior to the date and time set for receipt of same will not be considered.
Opening. Bids will be opened and read at the time and place indicated in the Invitation for Sealed Bids.
Bidders and the public are invited to be present.
Multiple Proposals. More than one proposal from an individual, a firm or partnership, a corporation or an
association under the same or different names, will not be considered. Reasonable grounds for believing that
any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all
proposals in which such bidder is interested. If there is reason for believing that collusion exists among the
bidders, none of the participants in such collusion will be considered in future proposals. Proposals in which
the prices obviously are unbalanced may be rejected.
License Requirement. No proposal will be accepted from a Contractor who is not licensed in accordance
with law under the provisions of Division III, Chapter 9, of the Business and Professions Code of the State
of California, or from a Contractor that has been deemed irresponsible or unresponsive by the City Council.
Subcontractors. Subcontractors listed by the bidder in accordance with the Special Provisions included
herein must be properly licensed under the laws of the State of California for the type of work which they are
to perform.
All bidders are hereby notified that they will be required to comply strictly with the provisions of Sections
4100 to 4113, inclusive, of the Public Contract Code of the State of California.
Each bidder must file with its proposal the name and location of place of business, contractor’s license number
and Department of Industrial Relations registration number, of each Subcontractor who will perform a portion
of the Contract work in an amount in excess of one-half of one percent, or in the case of bids for the
construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the
total bid or $10,000. In each such instance, the nature and extent of the work to be sublet must be described.
The General Contractor to whom the Contract is awarded will not be permitted, without the written consent
of the City, to substitute any person as Subcontractor in place of the Subcontractor designated in the original
proposal, or to permit any Subcontract to be assigned or transferred, or to allow it to be performed by anyone
other than the original Subcontractor. The City may consent to the substitution of another person as
Subcontractor if the original Subcontractor, after having reasonable opportunity so to do, fails or refuses to
execute the written Contract presented to it by the General Contractor, when said written Contract is based
upon the conditions of the general Contract and complies with the Subcontractor's written proposal.
The failure of the Contractor to specify a Subcontractor for any portion of the Contract work in excess of one-
half of one percent of the total Contract price, must be deemed to indicate that the Contractor intends to
perform such portion itself. The subletting or Subcontracting of work for which no Subcontractor was
designated in the original proposal and which is in excess of one-half of one percent of the total Contract
price will be allowed only with the written consent of the City and then only in cases of public emergency or
necessity as determined by said City. Under such circumstances, the City is required to establish the facts
constituting the emergency or necessity and reduce its findings to a written public record.
Violations of the provisions of these specified sections of the Code must be deemed to be a violation of the
Contract, and the City, because of any such violations, must have the right to cancel the Contract. The
Contractor, after any such violations, must be penalized to the extent of 20 percent of the amount of the
Subcontract involved.
23-24 Preventative Maintenance Project Part 1: Bid Documents
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Material. The bidder may be required to furnish, as part of the submittal process, a complete statement of
the origin, composition, and manufacture of any or all materials to be used in the construction of the work,
together with samples. Such samples may be subjected to the tests provided for in these specifications or in
the Special Provisions to determine their quality and fitness for the work.
Additional Requirements. The bidder's attention is directed to Section 3 of the General Provisions for
additional proposal requirements and conditions, and information regarding award and execution of the
contract. Contractor submitting a bid to the City of Rohnert Park, a public entity, must state, under penalty
of perjury, the contractor's license number and the license's expiration date. This information must be entered
in the Schedule of Bid Prices. 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.
Explanations and Addenda. Any explanation desired by the bidders regarding the meaning or interpretation
of the drawings and specifications must be requested in writing and in sufficient time to allow for a written
reply to reach them and all other potential bidders before the date and time for submission of bids. Oral
explanation or instructions given before award of the contract will not be binding. Any interpretations made
will be in the form of an addendum to the specifications or drawings and will be furnished to all bidders and
its receipt by the bidder must be acknowledged. Any explanation that makes a material change, addition, or
deletion to the terms of the Invitation for Sealed Bids shall be issued no less than 72 hours before the date and
time for submission of bids. If an explanation making a material change, addition, or deletion must be issued
less than 72 hours before the scheduled date and time for submission of bids, the date and time for submission
shall be extended so that a full 72 hours is provided for analysis of the change, addition, or deletion.
Quantity of Work. The quantity of work for the unit price items to be done under the contract as noted in
the Bid Schedule is but an estimate and is not to be taken as an expressed or implied statement that the actual
quantity of work will correspond to the estimate. The right is reserved to increase or decrease, or to entirely
eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for
anticipated profits, loss of profits, or for any damages of any sort because of any difference between the
estimated and the actual quantities of work done.
The quantities given in the schedule, for unit price items, are for comparing proposals and may vary from the
actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated,
and no claim must be made against the City for damage occasioned thereby or for loss of anticipated profits,
the Contractor being entitled only to compensation for the actual work done at the unit prices proposal.
The City reserves and must have the right to increase or decrease the quantities of work to be performed under
a scheduled unit item or to entirely omit the performance thereof and upon decision of the City to so do, the
City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the
quantity of work so ordered should result in delay to the work, the Contractor will be given an equivalent
extension of time.
All estimates and all measurements used in determining the quantities of unit price items of work done, the
percentage of completion of lump sum items of work, and the quantity of materials furnished under the
Contract at various times during the progress of the work must be the Engineer's estimates and measurements.
The planimeter must be considered an instrument of precision adapted to the measurements of all areas.
Insurance. The bidder’s attention is drawn to Special Provisions, Location and Description of Work, and
Special Provisions, Minimum Limits of Insurance.
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Inspection of Site. The bidder must examine carefully the site of the work contemplated and the proposal,
plans, specifications, and the Contract form therefor. It will be assumed that the bidder has investigated and
is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be
performed and materials to be furnished, and as to the requirements of these specifications, the special
provisions, and the Contract.
Where investigation of subsurface conditions has been made by the City in respect to foundation or other
design, bidders may inspect the records of the City as to such investigation, including examination of samples,
if available. When the Plans include a log of test borings showing a record of the data obtained by the City's
investigation of subsurface conditions, said log represents only the opinion of the City as to the character of
material encountered by it in its test borings and is only included for the convenience of bidders.
Investigations of subsurface conditions are made for the purpose of design. The City assumes no
responsibility whatever in respect to the sufficiency or accuracy of borings or of the log of test borings or
other preliminary investigations, or of the interpretation thereof, and there is no guaranty, either expressed or
implied, that the conditions indicated are representative of those existing throughout the work, or any part of
it, or that unlooked for developments may not occur.
Making such information available to the bidders is not to be construed in any way as a waiver of the
provisions of the first paragraph of this article and bidders must satisfy themselves through their own
investigations as to conditions to be encountered.
No information derived from such inspection of the records of preliminary investigations made by the City
or from the maps, plans, specifications, profiles or drawings will in any way relieve the Contractor from any
risk from properly fulfilling all the terms of the Contract.
Records of such preliminary investigations as may have been made by the City may be inspected at the office
of the Engineer.
Pre-construction Meeting. At the pre-construction meeting, the successful bidder must submit a CPM
progress schedule which will show the time he/she proposes to occupy in prosecuting the various major
divisions of work and his/her proposed sequence of operations. The CPM progress schedule must be subject
to the approval of the City Engineer.
Adjustment of Schedule. If at any time the construction schedule is inadequate to secure completion of the
work within the time specified, and the work is being prosecuted inadequately or improperly, the Engineer
must have the right to require the Contractor to submit a revised progress schedule, providing for proper and
timely completion of the work.
The Contractor must not be entitled to additional compensation on account of revisions required by the City.
23-24 Preventative Maintenance Project Part 1: Bid Documents
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BIDDER'S PROPOSAL
23-24 PREVENTATIVE MAINTENANCE PROJECT
PROJECT NO. 2023-01
To: City Council, City of Rohnert Park
The undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
________________________________________________________________________.
(If the bidder is a corporation, give the name of the corporation and the name of its president, secretary,
treasurer, and manager. If a co-partnership, give the name under which the co-partnership does
business, and the names and addresses of all co-partners. If an individual, state the name under which
the contract is to be drawn.)
(b) That this proposal is made without collusion with any other person, firm, or corporation.
(c) That he/she has carefully examined the locations of the proposed work, and has familiarized
himself/herself with all of the physical and climatic conditions, and makes this bid solely upon his/her
own knowledge.
(d) That he/she has carefully examined the drawings and specifications and makes this proposal in
accordance therewith.
(e) That, if this bid is accepted, he/she agrees to enter into an agreement with City in the form included
in the Contract Documents to complete all work as specified in the Contract for the contract price
and within the contract time indicated in this bid and in accordance with the Contract Documents.
(f) That this bid will remain open and not be withdrawn for the period specified in the Instructions to
Bidders.
(g) That he/she has read the insurance requirements in Section 2.03, Insurance in the Special Provisions
section of this bid document;
(h) That he/she has conferred with his/her insurance carriers or brokers to determine in advance of the bid
submission the availability of insurance certificates and endorsements as prescribed and provided
herein;
(i) That if the bid is accepted, he/she will enter into a written contract and within fifteen (15) calendar days
furnish the required proof of insurance including certificates and endorsements;
(j) That failure to comply strictly with the insurance requirements may result in forfeiture of the bid security
and withdrawal of the bid proposal.
(k) That he/she is properly licensed in accordance with California Business and Professions Code section
7000 et seq. Bidder acknowledges that if the bidder is not properly licensed at the time the bid is
awarded or as otherwise required by law, the bid will be considered non-responsive and will be
rejected.
(l) That he/she and any subcontractor relied on by him will keep an accurate payroll record, showing
the name, address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by the contractor or subcontractor in connection with the public
work, as more fully set forth in the Contract. All contractors and subcontractors must furnish
23-24 Preventative Maintenance Project Part 1: Bid Documents
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electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor
Standards Enforcement).
(m) That in compliance with the Subletting and Subcontracting Fair Practices Act, California Public
Contracts Code section 4100 et seq., he/she has listed on the attached “List of Subcontractors” each
subcontractor who will perform work or labor or render service to the bidder in or about the
construction of the work or will specifically fabricate and install a portion of the work in an amount
in excess of one half of one percent (0.5%) of the total bid sum or in the case of bids or offers for
the construction of streets or highways, including bridges, in excess of one-half of one percent
(0.5%) of the total bid or $10,000, whichever is greater, and that no subcontractors may be used
other than those specified without written approval of the City Engineer.
Accompanying this proposal is a certified or cashier's check, or bidder's bond payable to the order of the City
Clerk of the City of Rohnert Park, in the sum of _______________________ Dollars
($_________________). Said bidder's bond submitted is the City's bid bond form. Said bidder's bond has
been duly executed by the undersigned bidder and by a financially sound surety company admitted in the
State of California.
It is understood and agreed that should the bidder fail within fifteen (15) calendar days after the date of mailing
written notice to the successful bidder that the contract has been awarded, to enter into the contract and furnish
acceptable surety bonds and insurance on forms included herein, then the proceeds of said check, or bidder's
bond, must become the property of the City. But if the contract is entered into and said bonds are furnished
or if the bid is not accepted, then said check must be returned to the undersigned or the bidder will be released
from the bidder's bond.
______________________________ ______________________________
Address of Bidder Telephone Number of Bidder
______________________________ ______________________________
City, State, Zip Signature of Bidder
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SCHEDULE OF BID PRICES
23-24 PREVENTATIVE MAINTENANCE PROJECT
PROJECT NO. 2023-01
In accordance with the plans and specifications therefor approved by the City of Rohnert Park, the
undersigned bidder is herewith submitting the following bid prices for the performance of the entire proposed
work as described in these specifications and attached drawings.
ITEM
NO. ITEM DESCRIPTION QUANTITY UNIT
UNIT
PRICE
TOTAL
COST
1 Traffic Control System 1 LS
2 Project Identification Sign 2 EA
3 Mobilization and Demobilization 1 LS
4 Removal of Existing Striping and Pavement
Markings 1 LS
5 Crack Sealing 1 LS
6 Slurry Seal, Type II 425,715 SY
7 4" White Thermoplastic Stripe 1,704 LF
8 4" White Thermoplastic Cross-Hatch Stripe 30 LF
9 4" Yellow Thermoplastic Stripe 2,543 LF
10 12" White Thermoplastic Limit Line 1,369 LF
11 12" White Thermoplastic Crosswalk Stripe, BASIC
Crosswalk 2,050 LF
12 12" Yellow Thermoplastic Crosswalk Stripe,
BASIC Crosswalk 879 LF
13 White Thermoplastic Pavement Markings/Legends 3,132 SF
14 Yellow Thermoplastic Pavement
Markings/Legends 1,139 SF
15 White Thermoplastic Pavement Markings, Parallel
Parking Space 61 EA
16 Yellow Thermoplastic Pavement Markings -
Continental/Ladder Crosswalk 5,202 SF
17 White Thermoplastic Pavement Markings -
Continental/Ladder Crosswalk 830 SF
18 Traffic Stripe, Detail 4 (2010) 168 LF
19 Traffic Stripe, Detail 10 (2010) 12,746 LF
20 Traffic Stripe, Detail 23 (2015) 2,260 LF
21 Traffic Stripe, Detail 38 2,738 LF
22 Traffic Stripe, Detail 39 8,367 LF
23 Traffic Stripe, Detail 39A 1,840 LF
24 Median Island Treatment 36 EA
25 Blue, Two-way Retroreflective Pavement Markers 129 EA
Total Amount of Bid (written in words) is:
Dollars
and Cents.
Any discrepancy between words and figures shall be resolved as provided in the Instructions
to Bidders.
$_____________________________
(Figures)
23-24 Preventative Maintenance Project Part 1: Bid Documents
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______________________________ ______________________________
Address of Bidder Signature of Bidder
______________________________ ______________________________
City, State, Zip Name of Bidder (Print)
______________________________ ______________________________
Telephone Number of Bidder FAX Number of Bidder
______________________________
Contractor's License Number License's Expiration Date
______________________________
Contractor’s DIR Number
Contractor’s email address
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ADDENDUM ACKNOWLEDGEMENT
ADDENDUM #1 Date Signature acknowledging receipt:
ADDENDUM #2 Date Signature acknowledging receipt:
ADDENDUM #3 Date Signature acknowledging receipt:
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CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
The undersigned declares that he or she is ________________________________ of
____________________________. (party making foregoing bid) (hereinafter the "Bidder")
1. Bidder's Contractor's License Number is as follows:___________________________.
2. The expiration date of Bidder's Contractor's License is _______________, 20___.
3. Bidder acknowledges that pursuant to Section 7028.15(a) of the Business and Professions
Code it is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business
or act in the capacity of a contractor within this state without having a license therefor, except as provided
therein.
The undersigned declares, under penalty of perjury, that the representations made by the undersigned
in this bid proposal are true and correct.
Executed on ________________________, 20 ___, at _____________________________ (insert
city and state where Declaration signed).
________________________________________
Signature
________________________________________
Typed Name
________________________________________
Title
________________________________________
Name of Bidder
23-24 Preventative Maintenance Project Part 1: Bid Documents
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LIST OF SUBCONTRACTORS
In accordance with the provisions of Sections 4102 to 4108, inclusive, of the Public Contact Code of the State
of California, each bidder must list below the name and location of place of business, contractors license
number and Department of Industrial Relations registration number of each subcontractor who will perform
a portion of the contract work in an amount in excess of one-half of one percent of the total contract price. In
each such instance, the nature and extent of the work to be sublet must be described.
Subcontractor name, and
California Contractor’s License
Number and DIR Registration
Number
Location of
Place of
Business
Description of
Work to be
Performed (also
show bid Schedule
Item No.)
Percentage of total
contract work to be
performed
Name:
CLN:
DIR:
Name:
CLN:
DIR:
Name:
CLN:
DIR:
Name:
CLN:
DIR:
Name:
CLN:
DIR:
Name:
CLN:
DIR:
Name:
CLN:
DIR:
Name:
CLN:
DIR:
[Add additional sheets if necessary]
**Note, the Subletting and Subcontracting Fair Practices Act also requires inclusion of any subcontractor
who specially fabricates and installs a portion of the work according to detailed drawings.
23-24 Preventative Maintenance Project Part 1: Bid Documents
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BID BOND Bond No. _________
WHEREAS, ______________________________________________ ("Principal") intends to submit a
bid to the City of Rohnert Park ("City") for the above-referenced Project, and the terms of the bid require
the Principal to submit bidder's security.
NOW, THEREFORE, Principal and , a
corporation organized and existing under the laws of the State of and
duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly
bond unto City in the sum of
dollars ($_______________) lawful money of the United States of America, such sum being not less than
ten percent (10%) of the bid amount for the payment of which sum to be made, the Principal and Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal submits a bid for the
above-referenced Project, the terms and conditions of which are incorporated herein by reference, and if
said bid is rejected by the City, or if said bid is accepted by the City and the Bidder properly executes and
submits to the City the Agreement and all required documents (including the Performance bond, the
Payment Bond, and the proof of insurance), then this obligation must be null and void; otherwise it must
be and remain in full force and effect.
The Surety hereby agrees, for value received, that its obligations under this bond must in no way be
impaired or modified by an agreement between the City and the Principal to extend the time within which
the City may accept the Principal's bid, and the surety hereby waives notice of any such extension.
In the event suit is brought upon this bond, the surety must pay reasonable attorneys' fees and costs
incurred by the prevailing parties in such suit, which fees and costs must be in addition to the face amount
of the bond.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal
capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety,
and have caused this document to be executed by setting hereto their names, titles and signatures.
Principal: _________________________ Surety: _____________________________
(Name of Firm) (Name of Firm)
By: ______________________________ By: ________________________________
Title: _____________________________ Title: ______________________________
Date: _____________________________ Date: ______________________________
Address for Notices to Surety:
___________________________________
___________________________________
___________________________________
Note: Notary acknowledgment for Surety and Surety's Power of Attorney must be attached.
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NONCOLLUSION 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 directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The
bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to
any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person
or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited
liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power
to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct,
and that this declaration is executed on ___________________________[date], at _____________________ [city],
___________________ [state]..
Firm (print or type) Signature
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DECLARATION OF ELIGIBILITY TO CONTRACT
The undersigned, a duly authorized representative of the bidder, certifies and declares that:
1. The bidder is aware of California Labor Code sections 1771.1 and 1777.7, which prohibit a
contractor or subcontractor who has been found by the Labor Commissioner or the Director of
Industrial Relations to be in violation of certain provisions of the Labor Code from bidding on,
being awarded, or performing work as a subcontractor on a public works project for specified
periods of time.
2. The bidder is not prohibited from bidding on, being awarded, or performing work as a contractor
or subcontractor on a public works project under Labor Code sections 1771.1 and 1777.7, or any
other provision of law.
3. The bidder is aware of California Public Contract Code section 6109, which states:
"(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit
a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public
works project pursuant to Section 1771.1 or 1777.7 of the Labor Code to bid on, be
awarded, or perform work as a subcontractor on, a public works project. Every public
works project shall contain a provision prohibiting a contractor from performing work on
a public works project with a subcontractor who is ineligible to perform work on the public
works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
(b) 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, and any
public money that may have been paid to a debarred subcontractor by a contractor on the
project will be returned to the awarding body. The contractor is responsible for the
payment of wages to workers of a debarred subcontractor who has been allowed to work
on the project."
4. The bidder has investigated the eligibility of each and every subcontractor that bidder intends to
use on this public works project, and determined that none of them is ineligible to perform work
as a subcontractor on a public works project by virtue of Public Contract Code section 6109, Labor
Code sections 1771.1 and 1777.7, or any other provision of law.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Executed this ________ day of ___________________, 20___, at ______________________, California.
Signature and Title of Authorized Official
23-24 Preventative Maintenance Project Part 1: Bid Documents
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C O N T R A C T
23-24 PREVENTATIVE MAINTENANCE PROJECT
PROJECT NO. 2023-01
THIS AGREEMENT, made and entered into this _____ day of______________, 20___, by and
between _____________________, hereinafter called "Contractor", and the City of Rohnert Park, hereinafter
called "City".
WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the
work hereinafter mentioned in accordance with the sealed proposal of said Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials,
equipment and all utility and transportation services required to complete all of the work of construction and
installation of the improvements more particularly described in the Resolution adopted by the City Council
of said City on <<MONTH DAY, YEAR>>, the items and quantities of which are more particularly set forth
in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by
subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility.
2. Time of Performance and Liquidated Damages: The Contractor must begin work within
fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must
diligently prosecute the same to completion within 60 calendar days of that Notice. The Contractor
acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor
shall diligently pursue performance of the work.
In the event the Contractor does not complete the work within the time limit so specified or within
such further time as said City Council must have authorized, the Contractor must pay to the City liquidated
damages in the amount of Five Thousand Two Hundred ($5,200) per day for each and every day's delay in
finishing the work beyond the completion date so specified. Additional provisions with regard to said time
of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred
to and incorporated herein by reference.
3. Payments: Payments will be made by City to the Contractor for said work performed at the
times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid.
The award of the contract is for a total amount of <<AMOUNT>>.
4. Component Parts and Interpretation: This contract must consist of the following documents,
each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a
part hereof by reference thereto:
a) This Agreement
b) Notice Inviting Sealed Proposals
c) Instruction and Information to Bidders
d) Accepted Proposal, with all attachments and certifications
e) Performance Bond
f) Payment Bond
g) Special Provisions
h) Standard Specifications
23-24 Preventative Maintenance Project Part 1: Bid Documents
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i) Technical specifications
j) Design Standards
k) Plans, Profiles and Detailed Drawings
In the event of conflict between these documents, the following order of precedence will govern:
this contract; change orders; supplemental agreements and approved revisions to plans and specifications;
special conditions; standard specifications; detail plans; general plans; standard plans; reference
specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard
Specifications (2022 edition) of the California Department of Transportation shall apply to this project.
5. Independent Contractor. Contractor is and will at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control
over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except
as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner
represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers,
employees, agents or subcontractors of City.
6. Prevailing Wages: Copies of the determination of the Director of the Department
of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of
worker needed to execute this Contract will be on file in, and available at, the office of the Director at 601
Carmen Drive, Camarillo, California 93010.
Contractor must post at the work site, or if there is no regular work site then at its principal office,
for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial
Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified
prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code
§ 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention
and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775,
Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of
the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the
worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between
the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof,
for which each worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly
registered apprentices in the execution of the Contract. Contractor is responsible for compliance with
Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and
subcontractors must submit contract award information to the applicable joint apprenticeship committee,
must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s
work for every five hours of labor performed by a journeyman (unless an exception is granted under §
1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California
Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise
qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin,
ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under
apprenticeship standards and who have written apprentice contracts, may be employed on public works in
apprenticeable occupations.
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With each application for payment, Contractor shall also deliver certified payrolls to Owner as set
forth above in these General Conditions, and concurrently therewith (but in no event less frequently than
monthly) directly to the Labor Commissioner in the format prescribed by the Labor Commissioner.
If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply,
as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the
Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards
Act (40 USC § 327 and following).
7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810
and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to
City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any
subcontractor for each calendar day during which such worker is required or permitted to work more than
eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions
of Labor Code section 1810.
8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411,
Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor
or any Subcontractor under him.
Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any
apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works
project and which administers the apprenticeship program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the
Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the 90 days prior to the request for certificate, or
B. When the number of apprentices in training in that area exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D. When the assignment of an apprentice to any work performed under a public works Contract
would create a condition which would jeopardize his life or the life, safety, or property of
fellow employees or the public at large, or if the specified task to which the apprentice is to
be assigned is of such a nature that training cannot be provided by a journeyman, or
E. When the Contractor provides evidence that he employs registered apprentices on all of his
Contracts on an annual average of not less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the administration of
apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on
such Contracts and if other Contractors on the public works site are making such contributions.
The Contractor and any Subcontractor under him must comply with the requirements of Section
1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained
from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco,
California, or from the Division of Apprenticeship Standards and its branch offices. .
9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads
as follows:
"A contractor must not discriminate in the employment of persons upon public
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works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code. Every contractor for public works who
violates this section is subject to all the penalties imposed for a violation of this chapter. "
10. CARB In-Use Off-Road Diesel-Fueled Fleets
A. Contractor shall complete and return the “In-Use Off-Road Diesel-Fueled Fleets
Certification” attached hereto as Exhibit A to City within fifteen (15) calendar days after this Agreement is
fully executed. If Contractor fails to timely do so, City shall have the same rights as if Contractor had
breached this Agreement.
B. Contractor warrants that it is knowledgeable of and will comply with California Code
of Regulations Title 13, Sections 2449, 2449.1, and 2449.2, relating to In-Use Off-Road Diesel-Fueled Fleets
(the “Regulations”), issued by the California Air Resources Board (“CARB”) effective October 1, 2023.
C. If Contractor or its listed subcontractors intend to use vehicles subject to the
Regulations in its performance under this Agreement, Contractor must obtain copies of the valid Certificates
of Reported Compliance, as described in Regulation Section 2449(n), for the fleet, if applicable, prior to
entering into a new or renewed contract with that fleet. Contractor shall not enter into a contract with a fleet
for which it does not have a valid Certificate of Reported Compliance for the fleet and Contractor’s listed
subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall
only allow fleets with valid Certificates of Reported Compliance on Contractor’s job sites.
D. The Certificates of Reported Compliance received by the Contractor for this Project
must be retained for three (3) years after the Project’s completion. Upon request by CARB, these records
must be provided to CARB within five (5) business days of the request.
E. Between March 1 and June 1 of each year, Contractor must collect new valid
Certificates of Reported Compliance for the current compliance year, as defined in Regulation Section
2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year.
Contractor must not write contracts to evade this requirement.
F. If Contractor discovers that any fleet intending to operate vehicles subject to the
Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation
section 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on
Contractor’s job site, then Contractor must report the required information to CARB within the time period
contained in in the Regulations.
G. Upon request by CARB, Contractor must immediately disclose to CARB the name
and contact information of each responsible party for all vehicles subject to the Regulation operating at the
job site or for Contractor.
H. If applicable, Contractor shall prominently display signage for any project where
vehicles subject to the Regulation as provided and within the time period contained in in the Regulation.
11. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter
1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with
Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment
of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's
Compensation Insurance.
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The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workmen's compensation or to undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions before
commencing the performance of the work of this contract.
12. Indemnity and Insurance: To the fullest extent permitted by law (including without limitation
California Civil Code Section 2782), Contractor must indemnify, hold harmless, release and defend City, its
officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions,
claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other
defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor,
in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons
employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of
this Agreement excepting liabilities due to the sole negligence, intentional misconduct or active negligence
of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type
of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor
and must continue to bind the parties after termination/completion of this Agreement.
Contractor shall procure and maintain throughout the time for performance of the work under this
Contract the insurance required by the Special Provisions. The requirement that Contractor procure and
maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided
in the paragraph above.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
13. City Right of Termination and Right to Complete the Work. The City may terminate the
Contract when conditions encountered during the work make it impossible or impracticable to proceed,
or when the City is prevented from proceeding with the Contract by act of God, by law, or by official
action of a public authority. In addition, the occurrence of any of the following is a default by Contractor
under this Contract:
A. Contractor refuses or fails to prosecute the Work or any part thereof with such
diligence as will insure its completion within the time specified or any permitted
extension.
B. Contractor fails to complete the Work on time.
C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of
creditors, or a receiver is appointed on account of Contractor’s insolvency.
D. Contractor fails to supply enough properly skilled workers or proper materials to
complete the Work in the time specified.
E. Contractor fails to make prompt payment to any subcontractor or for material or
labor.
F. Contractor fails to abide by any applicable laws, ordinances or instructions of City
in performing the Work.
G. Contractor breaches or fails to perform any obligation or duty under the Contract.
Upon the occurrence of a default by Contractor, the Director will serve a written notice of default
on Contractor specifying the nature of the default and the steps needed to correct the default. Unless
Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements
acceptable to City for the correction or elimination of such default are made, as determined by City, City
may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor
23-24 Preventative Maintenance Project Part 1: Bid Documents
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will not be entitled to receive any further payment, except for Work actually completed prior to such
termination in accordance with the provisions of the Contract Documents.
In event of any such termination, City will also immediately serve written notice of the termination
upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract;
provided, however, that if the surety does not give City written notice of its intention to take over and
perform this Contract within five days after service of the notice of termination or does not commence
performance within 10 days from the date of such notice, City may take over the Work and prosecute the
same to completion by contract or by any other method it may deem advisable for the account and at the
expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other
damages incurred by City in completing the Work.
If City takes over the Work as provided in this Section, City may, without liability for so doing,
take possession of, and utilize in completing the Work, such materials, appliances, plant, and other
property belonging to Contractor as may be on the site of the Work and necessary for the completion of
the Work.
14. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts
Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure
performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the
amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the
escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract.
Securities eligible for substitution under this section must include those listed in the California Public
Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be
the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon.
Alternatively, the Contractor may request and the City shall make payment of retentions earned
directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the
Contractor may direct the investment of the payments into securities and the Contractor shall receive the
interest earned on the investments upon the same terms provided for in Section 22300 for securities
deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive
from the escrow agent all securities, interest, and payments received by the escrow agent from the City,
pursuant to the terms of this section.
Any escrow agreement entered into pursuant to this section must contain as a minimum the following
provisions:
a. The amount of securities to be deposited;
b. The terms and conditions of conversion to cash in case of the default of the Contractor; and
c. The termination of the escrow upon completion of the contract.
15. General Provisions
A. Authority to Execute. Each Party represents and warrants that all necessary action
has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the
performance of its obligations.
B. Assignment. Contractor may not assign this Contract without the prior written
consent of City, which consent may be withheld in City’s sole discretion since the experience and
qualifications of Contractor were material considerations for this Contract.
C. Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
23-24 Preventative Maintenance Project Part 1: Bid Documents
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OAK #4888-9091-9966 v1
D. Integrated Contract. This Contract, including the Contract Documents, is the entire,
complete, final and exclusive expression of the Parties with respect to the Work to be performed under
this Contract and supersedes all other agreements or understandings, whether oral or written, between
Contractor and City prior to the execution of this Contract.
E. Modification of Contract. No amendment to or modification of this Contract will
be valid unless made in writing and approved by Contractor and by the City Council, City Manager or
Assistant City Manager, as applicable. The Parties agree that this requirement for written modifications
cannot be waived and that any attempted waiver will be void.
F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be
executed in several counterparts, each of which will be deemed an original, and all of which, when taken
together, constitute one and the same instrument. Amendments to this Contract will be considered
executed when the signature of a party is delivered by facsimile or other electronic transmission. Such
facsimile or other electronic signature will have the same effect as an original signature.
G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract
will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach
of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any
subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work
performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
H. Interpretation. This Contract will be interpreted, construed and governed according
to the laws of the State of California. Each party has had the opportunity to review this Contract with
legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning.
It will not be interpreted strictly for or against either party.
I. Severability. If any term, condition or covenant of this Contract is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Contract will not be affected and the Contract will be read and construed without the
invalid, void or unenforceable provision.
J. Venue. In the event of litigation between the parties, venue in state trial courts will
be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the
Northern District of California.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its
officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above
written.
CITY OF ROHNERT PARK <<CONTRACTOR>>
____________________________________
Marcela Piedra, City Manager Date Name:_______________________ Date
Per Resolution No. <<RESO #>>adopted by the Rohnert Park
City Council at its meeting of <<Month>><<Day>>,<<Year>>. Title: ________________________
ATTEST: APPROVED AS TO FORM:
____________________________________
City Clerk City Attorney
23-24 Preventative Maintenance Project Part 1: Bid Documents
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OAK #4888-9091-9966 v1
EXHIBIT A
IN-USE OFF-ROAD DIESEL-FUELED FLEETS CERTIFICATION
The undersigned Contractor certifies to the City of Rohnert Park (“Owner” or “City”) as set forth in
sections 1 through 2, below:
1. Certification of Compliance. I hereby certify that I and all of my subcontractors will conform to the
California Air Resource Board (“CARB”) In-Use Off-Road Diesel-Fueled Fleets requirements for all
work involving the use of vehicles subject to the regulations, including, without limitation, as
applicable, the Contracting Requirements in Title 13 CCR section 2449, subdivision (i), subparts (1)
– (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision (j), subparts
(1) – (5).
2. Instructions. Check one (1) box below.
☐ Contractor’s current CARB issued Certificate of Reported Compliance accompanies this
Certification. (If this box is checked, the Certificate must be provided.)
☐ Contractor certifies that its work on the Project (including work of its Subcontractors) does
not involve the use of vehicles subject to the CARB In-Use Off-Road Diesel-Fueled Fleets
requirements.
CONTRACTOR:
(Name of Contractor)
Date: ___________________, 2024 By:
(Signature)
Name:
(Print Name)
Its:
(Title)
END OF CERTIFICATION
23-24 Preventative Maintenance Project Part 1: Bid Documents
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OAK #4888-9091-9966 v1
INSURANCE
Bidder's attention is directed to the following insurance forms and to Section 2.03 of the Special
Provisions, located on Pages 2-1 through 2-6 in the Special Provisions section. It is highly
recommended that bidders confer with their respective insurance carriers or brokers to determine
in advance of bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. Failure to comply strictly with the insurance requirements may
result in forfeiture of the bid security and withdrawal of the bid proposal.
23-24 Preventative Maintenance Project Part 1: Bid Documents
Rohnert Park City Proj. No. 2023-01 Page 1-26
OAK #4888-9091-9966 v1
CERTIFICATE OF INSURANCE ISSUE DATE MM/DD/YY)
CITY OF ROHNERT PARK (the "City")
PRODUCER
THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. BEST'S
COMPANIES RATING
COMPANY
LETTER A ________________________________ ______________
COMPANY
LETTER B________________________________ ______________
COMPANY
LETTER C ________________________________ ______________
COMPANY
LETTER D ________________________________ ______________
COMPANY
LETTER E ________________________________ ______________
INSURED
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY
THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEN BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR.
OWNER'S & CONTRACTOR'S PROT.
OTHER _________________________
GENERAL AGGREGATE $ PRODUCTS-COMP/OPS AGGREGATE $ PERSONAL & ADVERTISING INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any one person) $ AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED
SINGLE LIMIT $ BODILY INJURY
(Per person) $ BODILY INJURY
(Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY
UMBRELLA
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $ $
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
EACH ACCIDENT $
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $ PROPERTY INSURANCE
COURSE OF CONSTRUCTION
AMOUNT OF INSURANCE $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
THE FOLLOWING PROVISIONS APPLY:
1. None of the above-described policies will be canceled until after 30 days' written notice has been given to the City at the address indicated below.
2. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are added as insureds on all liability insurance policies listed above.
3. It is agreed that any insurance or self-insurance maintained by the City will apply in excess of and not contribute with, the insurance described above.
4. The City is named a loss payee on the property insurance policies described above, if any.
5. All rights of subrogation under the property insurance policy listed above have been waived against the City.
6. The workers' compensation insurer named above, if any, agrees to waive all rights to subrogation against the City for injuries to employees of the insured resulting
from work for the City or use of the City's premises or facilities.
7. Attached hereto are copies of the applicable policy pages or endorsements regarding notice of cancellation, additional insured and waiver of subrogation matters.
CERTIFICATE HOLDER/ADDITIONAL INSURED
CITY OF ROHNERT PARK
130 AVRAM AVENUE
ROHNERT PARK, CA 94928
AUTHORIZED REPRESENTATIVE
SIGNATURE _________________________________________
TITLE _________________________________________
PHONE NO. _________________________________________
23-24 Preventative Maintenance Project Part 1: Bid Documents
Rohnert Park City Proj. No. 2023-01 Page 1-27
OAK #4888-9091-9966 v1
Rev. 11/08 INSURERISO FORM CG 20 10 11 85 (MODIFIED)
POLICY NO: COMMERCIAL GENERAL LIABILITY
ENDORSEMENT NO:
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED − OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Organization:
The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are
named as additional insured.
(If no entry appears above, the information required to complete this endorsement will be shown
in the Declarations as applicable to this endorsement).
WHO IS INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule but only with respect to liability arising out of “your work” performed for
that insured.
Modifications to ISO for CG 20 10 11 85 1. The insured scheduled above includes the insured's elected or appointed officers, officials, employees, agents and volunteers. 2. This insurance must be primary as respects the insured shown in the schedule above, or if excess, must stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above must be in excess of this insurance and must not be called upon to contribute with it. 3. The insurance afforded by this policy must not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Entity. 4. Coverage must not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insurance would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
_________________________________
Signature-Authorized Representative _________________________________
_________________________________
Address _________________________________
CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified)
23-24 Preventative Maintenance Project Part 1: Bid Documents
Rohnert Park City Proj. No. 2023-01 Page 1-28
OAK #4888-9091-9966 v1
SUBMIT IN DUPLICATE
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENTError! Bookmark
not defined.
FOR CITY OF ROHNERT PARK (the "City")
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone
Deductible Self-Insured Retention (check which) of $__________________ NAMED INSURED
APPLICABILITY. This insurance pertains to the operation and/or tenancy of the named
insured under all written agreements and permits in force with the City unless checked here in
which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER ____________________________________________________________ LIMIT OF LIABILITY
CLAIMS: Underwriter's representative for claims pursuant to this insurance.
Name: _____________________________________________________
Address: _____________________________________________________
Telephone: ( )
$ ______________ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or
hereafter attached thereto, it is agreed as follows:
1. INSURED. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are included as insureds with regard to damages and defense of
claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, or for which
the Named Insured is responsible.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City, the insurance afforded by this policy must: (a) be
primary insurance as respects the City, its officers, officials, employees, agents or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named
Insured's primary coverage. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers must be excess of the Named
Insured's insurance and not contribute with it.
3. CANCELLATION NOTICE. With respect to the interests of the City, this insurance must not be cancelled, except after thirty 30) days prior written notice by receipted
delivery has been given to the City.
4. SCOPE OF COVERAGE. This policy affords coverage at least as broad as:
(1) If primary, Insurance Services Office form number CA0001 (Ed. 1/87), Code 1 ("any auto"); or
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1).
Except as stated above nothing herein must be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement
is attached. ENDORSEMENT HOLDER
CITY
CITY OF ROHNERT PARK
130 AVRAM AVENUE
ROHNERT PARK, CA 94928
AUTHORIZED Broker/Agent Underwriter _________________
REPRESENTATIVE
I _______________________ (print/type name), warrant that I have
authority to bind the above-mentioned insurance company and by my
signature hereon do so bind this company to this endorsement.
Signature ________________________________________
(original signature required)
Telephone: ( ) Date signed: __________________
REV. 11/08
23-24 Preventative Maintenance Project Part 1: Bid Documents
Rohnert Park City Proj. No. 2023-01 Page 1-29
OAK #4888-9091-9966 v1
SUBMIT IN DUPLICATE
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
SPECIAL ENDORSEMENT
FOR CITY OF ROHNERT PARK (the "City")
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
Telephone
OTHER PROVISIONS
NAMED INSURED
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name: _________________________________________________________________
Address: _________________________________________________________________
_________________________________________________________________
Telephone: (______)__________________________________________________________
EMPLOYERS LIABILITY LIMITS
$ ____________________________ (Each Accident)
$_____________________________ (Disease - Policy Limit)
$_____________________________ (Disease - Each Employee)
In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or
hereafter attached thereto, it is agreed as follows:
1. CANCELLATION NOTICE. This insurance must not be cancelled, except after thirty (30) days prior written notice by receipted delivery has been given to the City.
2. WAIVER OF SUBROGATION. This insurance Company agrees to waive all rights of subrogation against the City, its officers, officials, employees, agents and volunteers
for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City.
Except as stated above nothing herein must be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement
is attached.
ENDORSEMENT HOLDER
CITY
CITY OF ROHNERT PARK
130 AVRAM AVENUE
ROHNERT PARK, CA 94928
AUTHORIZED Broker/Agent Underwriter _________________
REPRESENTATIVE
I _______________________ (print/type name), warrant that I have
authority to bind the above-mentioned insurance company and by my
signature hereon do so bind this company to this endorsement.
Signature ________________________________________
(original signature required)
Telephone: ( ) Date signed: __________________
REV. 11/08
OAK #4888-9091-9966 v1
PART 2 – SPECIAL PROVISIONS
23-24 Preventative Maintenance Project Part 2: Special Provisions
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OAK #4888-9091-9966 v1
SPECIAL PROVISIONS
2.01 PROJECT OWNER
The Project Owner is the City of Rohnert Park, California. Wherever in these or the Standard
Specifications the word "Owner" appears, it must be interpreted to mean the City of Rohnert Park.
2.02 LOCATION AND DESCRIPTION OF WORK
Location of work is within the City of Rohnert Park, various streets.
The work generally consists of, but not limited to, crack sealing, slurry seal, traffic striping and
pavement markings, as shown on the plans and specified in these Special Provisions.
2.03 INSURANCE
INSURANCE REQUIREMENTS FOR CONTRACTORS
The following parties or entities must be listed as additional insured by endorsement:
A. The City of Rohnert Park, its officers, elected officials, employees, agents and
volunteers
BIDDER'S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW.
IT IS HIGHLY RECOMMENDED THAT BIDDERS CONFER WITH THEIR RESPECTIVE
INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF BID
SUBMISSION THE AVAILABILITY OF INSURANCE CERTIFICATES AND
ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF AN APPARENT LOW
BIDDER FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS,
THAT BIDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT.
Contractors must procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, the contractor’s agents, representatives,
employees or subcontractors. The coverage of the above-named parties as additional insureds shall
be “primary and non-contributory” and must state that it will not seek contribution from the City’s
insurance or self-insurance. The cost of Contractor’s insurance must be included in the Contractor's
bid. The Notice to Proceed with the Work will not be issued, and the Contractor must not
commence work, until such insurance has been approved by the City. Such insurance must remain
in full force and effect at all times during the prosecution of the Work and until the final completion
and acceptance thereof. In addition, the Commercial General Liability Insurance must be
maintained for a minimum of three (3) years after final completion and acceptance of the Work. It
must be the Contractor’s responsibility to ensure that proof of insurance is sent to the City during
this time. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance
as required herein.
A. Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (Occurrence
Form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, Code 1 "any auto" or the exact equivalent. If Contractor owns no vehicles,
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this requirement may be satisfied by a non-owned auto endorsement to the general
liability policy described above. If Contractor or Contractor’s employee(s) will use
personal autos in any way on this project, Contractor must provide evidence of
personal auto liability coverage for each such person.
3. Workers' Compensation and Employers Liability: Workers' Compensation on a
state-approved policy form providing statutory benefits as required by law with
employer’s liability insurance, with minimum limits of One Million Dollars
($1,000,000) per occurrence.
4. Course of Construction insurance coverage must provide “all risk” coverage for the
completed value of the project. Policies must contain the following provisions:
a. The City must be named as loss payee, and
b. The insurer must waive all rights of subrogation against the City.
Coverage must not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
B. Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. Commercial General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage and $2,000,000 general aggregate. It is
permissible to use excess/umbrella coverage to meet limit requirements provided
the umbrella policies are appropriately endorsed and meet all other requirements.
Additionally, a letter clearly identifying the primary policy or policies to which the
excess umbrella coverage applies must be submitted attesting to the following:
“Umbrella or excess liability policies must provide coverage at least as broad as
specified for underlying coverages and covering those insured in the underlying
policies. Coverage must be “pay on behalf”, with defense costs payable in addition
to policy limits. There must be no cross liability exclusion of claims or suits by one
insured against another, and such coverage must also apply on a primary and non-
contributory basis for the benefit of the City before the City’s own insurance or
self-insurance shall be called upon to protect it as a named insured.”
2. Automobile Liability: $2,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' Compensation
providing statutory benefits as required by the Labor Code of the State of California
with employers liability insurance, with minimum limits of $1,000,000 per accident
or disease.
4. Course of Construction insurance coverage must provide “all risk” coverage for the
completed value of the project. Policies must contain the following provisions:
a. The City must be named as loss payee, and
b. The insurer must waive all rights of subrogation against the City.
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Contractor agrees that any available insurance proceeds broader than or in excess of these
specified minimum coverage requirements or the limits in subsection (A) shall be available
to the additional insureds named above. Furthermore, the requirements for coverage and
limits shall be (1) the minimum coverage and limits specified herein; or (2) such broader
coverage and maximum limits of coverage of any insurance policy or proceeds available
to the named insured for the work performed; whichever is greater.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer must reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, elected officials, employees, agents,
and volunteers; or the Contractor must procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, its officers, elected officials, employees, agents and volunteers
are to be covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor, including the insured's general
supervision of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor, or
automobiles owned, leased, hired or borrowed by the Contractor. The
coverage must contain no special limitations on the scope of protection
afforded to the City, its officers, elected officials, employees, agents or
volunteers.
b. The Contractor's insurance coverage must be primary insurance as respects
the City, its officers, elected officials, employees, agents and volunteers.
Any insurance or self-insurance maintained by the City, its officers, elected
officials, employees, agents or volunteers must be in excess of Contractor's
insurance and must not contribute with it.
c. Any failure to comply with reporting provisions of the policies must not
affect coverage provided to the City, its officers, elected officials,
employees, agents or volunteers.
d. The Contractor's insurance must apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage
The insurer must agree to waive all rights of subrogation against the City, its
officers, elected officials, employees, agents and volunteers for losses arising from
work performed by Contractor for the City.
3. All Coverages
a. Each insurance policy required by this clause must be endorsed to state that
coverage must not be suspended, voided, cancelled by either party, reduced
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in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
b. Coverage must not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subsection (b)
of Section 2782 of the Civil Code.
4. Course of Construction policies must contain the following provisions:
a. The City must be named as loss payee.
b. The insurer must waive all rights of subrogation against the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A:VII or as
approved by the City.
F. Verification of Coverage
Contractor must furnish the City with certificates of insurance and with original
endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms
provided by the City. Where by statute, the City's workers' compensation-related forms
cannot be used, equivalent forms approved by the Insurance Commissioner are to be
substituted. All certificates and endorsements are to be received and approved by the City
before work commences. The City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
G. Subcontractors
Contractor must include all subcontractors as insureds under its policies or must furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors must be subject to all of the requirements stated herein.
2.04 BONDS
In accordance with Section 3.4 of the Standard Specifications, the Contractor must provide the
following bonds:
Payment Bond equal to 100% of the Contract Bid Price, and Performance Bond equal to 100% of
the Contract Bid Price on City’s forms. Both bonds must, by its term, remain in full force and
effect for a period of one (1) year after the completion and acceptance of said work to guarantee
the replacing or making acceptable of any defective materials or faulty workmanship.
The Contractor may elect to post a maintenance bond equal to 100% of the contract bid price,
which will run for one year after completion and acceptance of said work to guarantee replacing
or making acceptable any defective materials or faulty workmanship prior to the acceptance of
said work.
2.05 LIQUIDATED DAMAGES
In accordance with Section 8.6 of the Standard specifications, Liquidated Damages shall be agreed
to amount to $5,200.00 per calendar day.
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2.06 WITHDRAWALS OF PROPOSALS
The City reserves the right to reject any and all bids and to waive any informality or irregularity
in the bids received.
No bidder may withdraw his/her bid for a period of ninety (90) days from the opening thereof.
2.07 DRAWINGS AND SPECIFICATIONS
The drawings showing location and character of work are entitled 2023-2024 Pavement
Maintenance, numbered 1 through 26 inclusive, and are included as a part of these specifications.
The City of Rohnert Park 2010 Manual of Standards, Details and Specifications are the adopted
Standard Plans for the City of Rohnert Park and are included as a part of these specifications.
Also included by reference as part of these specifications are the Standard Specifications of the
CITY OF ROHNERT PARK, Sections 1-10 inclusive, hereinafter referred to as GENERAL
PROVISIONS.
In addition, the technical provisions of the Standard Plans and Standard Specifications, State of
California, Department of Transportation, Business and Transportation Agency, most current
edition, and to revisions thereof are included by reference as a part of these specifications insofar
as they refer to materials and methods of work where applicable. Wherever in the SPECIAL
PROVISIONS reference is made to Caltrans STANDARD SPECIFICATIONS or Caltrans
STANDARD PLANS, it is these specifications or plans referred to.
2.08 COOPERATION AND COLLATERAL WORKS
The Contractor must conform to the provisions of Section 7.26, "Cooperation and Collateral
Works," of the STANDARD SPECIFICATIONS.
The Contractor must ascertain the nature and extent of any simultaneous collateral work and must
coordinate his operations and cooperate to minimize interference.
2.09 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor must conform to the provisions of Section 7.15, "Preservation of Property," of the
STANDARD SPECIFICATIONS.
Without additional compensation, the Contractor may remove and replace, in a condition as good
as or better than original, such small miscellaneous structures as fences and sign posts, that
interfere with the Contractor's operations.
All costs to the Contractor for protecting, removing, modifying, relocating and restoring existing
improvements must be considered as included in the contract prices paid for the various items of
work, and no additional allowance will be made therefor.
2.10 PERMITS AND LICENSES
The Contractor must obtain all required City permits for this work and must fully comply with all
conditions and provisions of such permits. The Contractor must pay any fees connected therewith,
and as described in the Bid Schedule for this project.
The Contractor must have a valid California contractor's license, a Class A license. The Contractor
and all subcontractors will be required to obtain a City Business license.
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The Contractor must obtain a Sonoma-Marin Area Rail Transit Right of Entry Permit for this work
and must fully comply with all conditions and provisions of such permits. The Contractor must
pay any fees connected therewith, and as described in the Bid Schedule for this project.
2.11 APPROVED DEBRIS HAULERS
There are three approved debris haulers within the City and contact information is listed below.
The Contractor shall contract with one of the three debris haulers for service on the project.
Payment for debris hauling shall be included within the Contractor’s bid and no additional payment
will be made for using one of the three approved debris haulers.
Industrial Carting
(Global Materials Recovery Services
C&D Recycling Facility)
(707) 585-0511
Recology Sonoma Marin
800-243-0291
https://www.recology.com/rec
ology-sonoma-marin/
Pacific Sanitation
707-838-2597
http://www.pacific
sanitation.com/
When the Contractor utilizes a staging area or storage yard that is fenced and screened, final
cleanup of the staging area and storage yard will be completed before the fence and screen are
removed, except for spot cleanup or trimming that may be required in areas directly under or
adjacent to the fence and screen.
Unless expressly waived by the City Engineer, when the contractor utilizes an area for storage of
material or staging its activities, the area will be fenced and locked and all fencing will be installed
with protective screening (i.e., green screen) to minimize the visual impact of the storage and
staging area.
2.12 FIELD REVIEW PRIOR TO BIDDING
The bidder must examine carefully the site of the work contemplated and the proposal, plans,
specifications, and the contract forms therefor. It will be assumed that the bidder has investigated
and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of
work to be performed and materials to be furnished, and as to the requirements of these
specifications, the Special Provisions, and the contract.
2.13 TESTING
The City of Rohnert Park will only pay for passing compaction tests meeting the requirements of
these specifications. All failing tests will be charged to the Contractor and the costs of such failing
tests will be deducted from the contract. In addition, the decision as to when and from what areas
tests are to be made will be at the judgment of the Engineer only.
2.14 WORKING HOURS AND RECORD DRAWINGS
Contractor working hours shall be between 8AM and 6PM unless approved by the City Engineer
at least 72 hours in advance. Working days shall be Monday through Friday, excluding weekend
and holidays.
Record drawings shall be provided at the end of the project by the contractor, and final payment
shall not be issued until completed and approved by the project manager. The record drawing
compilation shall be considered part of the bid amount.
2.15 PROJECT NOTIFICATION AND IDENTIFICATION SIGN
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Contractor shall post notification signs at each residence or commercial establishment within the
work limit two (2) weeks prior to commencement of work and three days prior to commencement
of work. Cost for notification shall be considered as part of mobilization, and no additional
payment shall be made.
The Contractor shall supply 4' X 8' signs to be displayed at the project site as approved by the
Engineer in wording to be provided by the City. The signs shall be constructed in accordance with
City STD 742. The contractor shall remove the signs when construction is complete.
2.16 CORONAVIRUS RISKS AND CONSTRUCTION REQUIREMENTS
As of this date of this contract, the extent and impact of Coronavirus (also known as “COVID-
19”) on this project, including with respect to supplies, materials, and labor, may not be known by
the parties. Nevertheless, Contractor acknowledges the need to reasonably foresee the extent and
impact of COVID-19; warrants that it has taken such risks into account in preparing its bid and
procuring supplies, materials, and labor; and shall be deemed to have assumed the risks associated
with COVID-19 by Contractor’s voluntary entry into this Contract, except as otherwise expressly
stated in the Contract Documents.
Contractor hereby acknowledges that it has investigated and is familiar with and shall comply with
applicable health orders and construction field safety protocols established by the Health Officer
of the County of Sonoma. Contractor shall establish any required Code of Safety Practices and
designated a Site Safety Representative as may be required under such orders. Contractor
acknowledges that it may be subject to further requirements that may be imposed by State Public
Health Officer. Contractor hereby acknowledges that compliance with such requirements
constitutes part of the Scope of Work under this Contract.
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PART 3 – STANDARD SPECIFICATIONS
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PART 3
CONDITIONS OF THE CONTRACT
SECTION 1
DEFINITIONS AND TERMS
Whenever in these specifications, or in any documents or instruments where these specifications
govern, the following terms, or pronouns in place of them, are used, the intent and meaning must
be interpreted as follows (except as the context requires a different meaning):
Abbreviations
AAI American Asphalt Institute
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AISC American Institute Steel Construction
AISI American Iron and Steel Institute
API-ASME American Pressure Institute - American Society of Mechanical Engineers
AREA American Railway Engineering Association
ASA American Standards Association
ASTM American Society for Testing Materials
AWPA American Wood Preservers Association
AWA American Welding Society
AWWA American Water Works Association
CRA California Redwood Association
DFPA Douglas Fir Plywood Association
NEMA National Electrical Manufacturers' Association
WCLA West Coast Lumbermen's Association
Acceptance
The formal written acceptance by the City of an entire Contract which has been completed in all
respects in accordance with the plans and specifications and any modifications thereof previously
approved.
Bidder
Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly
or through a duly authorized representative.
City
City of Rohnert Park
City Engineer
The City Engineer of the City of Rohnert Park.
Contract or Contract Documents
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The Contract or agreement to be entered into by the successful bidder for the performance of the
work must consist of the following documents, each of which is on file in the office of the City
Clerk and all of which are incorporated in the Contract and made a part thereof by reference thereto:
Contract, Invitation for Sealed Proposals, Instructions and Information to Bidders, Accepted
Proposal, Performance Bond, Payment Bond, Special Provisions, Standard Specifications, Design
and Construction Standards, Plans, Profiles and Detailed Drawings.
Contractor
The word “Contractor” must mean the person, persons, partnership or corporation entering into a
Contract for the performance of the work required and the legal representative of said party of the
agent appointed to act for said party in the performance of the work.
Contract Prices
Either the unit prices or lump sum amounts to be named in the Contract, or the total of all payments
under the Contract at the unit prices or lump sum amounts, as the case may be. This definition is for
convenience and reference only, and must not be construed to alter the fact that the Contract is an
entire Contract for the performance of all work depicted on the plans and as described herein.
Directed
Whenever in these specifications the words “directed,” “required,” “permitted,” “ordered,”
“instructed,” “designated,” “considered necessary,” “prescribed,” or words of like import are used,
it must be understood that the directions, requirements, permission, order, instruction, designation,
or prescription, etc. of the City Engineer are intended; and, similarly, the words “approved,”
“acceptable,” “satisfactory,” or words of like import, must mean approved by, or acceptable or
satisfactory to the City Engineer, unless otherwise stated.
Engineer
Engineer must mean properly authorized engineers, inspectors, and superintendents acting severally
within their scope of the particular duties entrusted to them by the City Engineer.
Federal Agencies
Whenever in these specifications reference is made to any Federal Agency or officer, such
references must be deemed made to any agency or officer succeeding in accordance with law to the
powers, duties, jurisdictions and authority of the agency or officer mentioned.
Inspector
The word “Inspector” must mean the authorized individual or firm acting within the jurisdiction
entrusted to it by the City Engineer.
Plans
The Plans must mean collectively all of the drawings or plans referenced by the project
specifications and made a part thereof, and also such supplemental drawings or plans as the City
Engineer must issue from time to time in order to elucidate drawings or plans attached to these
specifications, or for showing details which are not shown thereon, or for the purpose of showing
changes in the work, as authorized in later paragraphs describing changes and extra work.
Specifications
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The directions, provisions, and requirements contained herein as supplemented by such special
provisions or special specifications as may be necessary, pertaining to the method and manner of
performing the work or the quantities and qualities of materials to be furnished under the Contract.
The special provisions or special specifications are specified clauses setting forth conditions or
requirements peculiar to the project under consideration and covering work or materials involved
in the proposal and estimate but not satisfactorily covered by these Standard Specifications.
State
State of California.
Supervision
The word “supervision” where used in these specifications to indicate supervision by the City
Engineer must mean the performance of obligations and the exercise of rights specifically imposed
and granted upon and to the City in becoming a party to the Contract, of which the text of these
specifications form a part. Excepting as specifically stated herein, supervision by the City must not
be construed to mean active and direct superintendence of the details of work.
Surety
The word “surety” or “sureties” must mean the bondsmen or party or parties who may guarantee
the fulfillment of the Contract by bond, and whose signatures are attached to said bond.
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SECTION 2
PROPOSAL REQUIREMENTS AND CONDITIONS
2.1 INTENT
It is the intent of these specifications that the provisions of all sections must apply unless otherwise
specified in the Special Provisions, in which case the provisions contained therein must have
precedence over those specified in the Standard Specifications. It is also the intent where reference
is made to specifications or other organizations for portions of the work, that such reference must
apply only to construction methods and materials used in said work.
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SECTION 3
AWARD AND EXECUTION OF CONTRACT
3.1 AWARD OF CONTRACT
The City reserves the right to accept or reject any or all proposals and waive technical defects as the
best interests of the City may require. Award of the Contract, if it be awarded, will be to the lowest
responsive, responsible bidder whose proposal complies with all the requirements prescribed. The
award, if made, will be awarded as soon as practicable after the opening of the proposals but not
before the time for bid protests set forth below. Proposals in which the prices are obviously
unbalanced will be rejected.
The proposals will be compared on a basis of the sum of the totals of the items of the schedule as
calculated from the given estimated quantities and the unit prices or lump sums of the amount
submitted. The entire work will be awarded to one bidder, unless otherwise specified in the Special
Provisions.
3.2 BID PROTESTS
Any bid protest ("Bid Protest") must be filed in writing with the City Clerk, with a copy to the
bidder whose bid is being protested, and served by email or facsimile transmission within seven
(7) calendar days of the City’s issuance of the Notice to Intent to Award for Construction Work.
Proof of service of the Bid Protest must be submitted to the City Clerk within one business
day of the filing of the Bid Protest, and any protest without a timely submitted proof of
service may be rejected. The City will use reasonable efforts to deliver by email or facsimile a
copy of the Notice of Intent to Award to all bidders who submitted bids no later than the business
day after issuance, although any delay or failure to do so will not extend the bid protest deadline
described above.
The Bid Protest must state all grounds upon which the protest is based and include all facts and
documents in support of each protest ground.
Any bidder whose bid is subject to a protest may submit to the City Clerk a written response
("Response") to the Bid Protest, with a copy to the protesting bidder, and served by email or
facsimile transmission within 5 (five) calendar days of the service of the Bid Protest.
The City Clerk shall promptly submit the Bid Protest, and any Response, to the City Manager,
Assistant City Manager or his/her designee for decision ("Decision"). The Decision on the Bid
Protest shall be in writing and shall be served upon the protesting bidder, and the bidder whose
bid is being protested, via email or facsimile transmission within five (5) calendar days of his or
her receipt of Bid Protest and any Response. If the City Manager, Assistant City Manager or
his/her designee has not issued a written Decision on the Bid Protest within said five (5) calendar
day period, then the Bid Protest shall be deemed denied. The Decision, by written Decision or
deemed denial, shall be final.
Failure to comply with these Bid Protest Procedures shall be deemed to be a waiver of the right
to protest a bid.
3.3 RETURN OF PROPOSAL GUARANTEES
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Within 10 days after award of Contract, the City will upon demand return the proposal guarantees
accompanying the proposals of all bidders, except those of the three lowest responsible bidders as
determined by the City. Proposal guarantees of such three lowest responsible bidders will be held
until the Contract has been finally executed, after which they will be returned to the respective
bidders whose proposals they accompany.
3.4 BONDS
Prior to the execution by the City of the Contract, the successful bidder must file good and sufficient
bonds to be approved by the City conditioned upon the complete performance of the Contract and
upon the payment of claims for labor and materials in connection therewith. The Contractor must
pay all premiums and costs thereof and incidental thereto. Such bonds must not be subject to
cancellation.
The following minimum thresholds require Payment and Performance bonds for projects over
$25,000.
Payment Bond: Per California Civil Code Section 9550. The payment bond should contain the
terms and conditions set forth in Section 9554 of the Civil Code of the State of California, and must
be subject to the provisions of that chapter and, in addition, must be in the amounts which are
specified in the Special Provisions.
The performance bond must be in an amount specified in the Special Provisions and must be so
conditioned as to insure the complete performance of the Contract without exception.
Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given
to the Contractor to that effect, and he must forthwith substitute a new surety or sureties satisfactory
to the City. No further payment must be deemed due or will be made under this Contract until the
new surety must qualify and be accepted by the City.
Any alterations in the work to be done, or increase or decrease of the materials to be furnished,
which may be made pursuant to the terms of said Contract, must not in any way release either the
principal or surety thereunder, nor must any extensions of time granted under the provisions of said
Contract release either the principal or surety, and notice of such alterations or extensions of the
Contract must be waived by the surety. The bonds must be maintained in full force and effect until
the Contract has been completely performed and until all claims for material and labor have been
paid.
Once the Notice of Completion has been recorded, Contractor may elect to post a Maintenance
Bond equal to 100% of the final Contact Price, including Contract Change Orders, if any, for a
period of one-year after the Notice of Completion recorded date.
3.5 EXECUTION OF CONTRACT
The Contract must be signed by the successful bidder and returned, together with the Contract
Bonds and valid insurance on City forms, within fifteen (15) calendar days after the date of mailing
written notice to the successful bidder that the Contract has been awarded.
3.6 FAILURE TO EXECUTE CONTRACT
Failure to execute a Contract, file acceptable bonds, and/or acceptable insurance as provided herein
within said fifteen (15) calendar days shall allow the City, at its discretion, to annul the award and
claim the proposal guarantee as provided in the California Public Contract Code. If the successful
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bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest
responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract,
the City may award the Contract to the third lowest responsible bidder. On the failure or refusal of
the second or third lowest responsible bidder, to whom any Contract is so awarded, to execute the
same, such bidders' guarantees must be likewise forfeited to the City. The work may then be re-
advertised or may be constructed by other means as the City may decide.
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SECTION 4
SCOPE OF WORK
4.1 WORK TO BE DONE BY CONTRACTOR
The work to be done consists of furnishing all labor, methods or processes, implements, tools,
machinery, transportation, insurance, permits, bonds, taxes and materials, except as otherwise
specified which are required to construct the crack sealing, slurry seal, traffic striping and pavement
markings in complete order for use and to leave the grounds in a neat and orderly condition.
Where items contain a description of work to be included for payment under a particular item, such
description must be considered as including, but not being limited to, the work described. It must
be further understood that it is the intent that the cost of all work necessary for the completion of
the particular item must be included in the price proposal for the item, unless the cost of such work
is specifically included in another item.
4.2 FINAL CLEANUP
Before final inspection by the City, the Contractor must clean the site and grounds occupied by it
in connection with the work of all rubbish, excess materials, falsework, temporary structures, and
equipment, and all parts of the work must be left in a neat and presentable condition. Nothing herein,
however, must require the Contractor to remove warning and directional signs prior to formal
acceptance by the City.
When the Contractor utilizes a staging area or storage yard that is fenced and screened, final
cleanup of the staging area and storage yard will be completed before the fence and screen are
removed, except for spot cleanup or trimming that may be required in areas directly under or
adjacent to the fence and screen.
4.3 CHANGES IN THE CONTRACT - EFFECT BETWEEN PARTIES
The City reserves the right to make such alterations or deviations, additions to or omissions from
the plans and specifications, as may be determined during the progress of the work to be necessary
and advisable for the proper completion thereof. When such change is ordered, the City Engineer
must determine and state in his/her written order to the Contractor made pursuant thereto whether
or not in his/her opinion such change constitutes a material change and what adjustment of
consideration provided for in the Contract is warranted. Upon written order of the City Engineer,
the Contractor must proceed with the work as so increased, decreased or altered. Such action and
any disposition thereof may be taken without notice by City to Insurance Underwriters, Sureties, or
Guarantors required by this Contract and absence of notice thereto must in no way whatsoever
discharge the obligation of any such party.
When the City and the Contractor fail to agree as to whether an omission of a portion of the work
or alterations, or deviations or additions to or omissions from the plans and specifications ordered
by the Engineer or City constitute a material change or difference in character of work as herein
contemplated sufficient to warrant adjustment in the consideration provided to be paid to the
Contractor or fail to agree on the consideration adjustment or compensation to be allowed for such
change, the Contractor must forthwith proceed with the changed work upon receipt of written order
from the City Engineer and the following procedures must become operative.
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Pending a settlement of the dispute, the Contractor must file with the City Engineer, within ten (10)
days after receiving such written notice to proceed, a protest setting forth in detail in what particulars
the character of the work was changed so as to warrant a consideration adjustment or by what
amount the unit cost or other cost was increased or to what extent the consideration demand or
reduction in consideration determined by the City Engineer as warranted is excessive. The failure
of the parties to agree must in nowise be construed as relieving the Contractor of its duty and
responsibility for continuing with performance under the Contract as changed and filing a protest
as above provided for. Failure to continue performance under such circumstances must constitute a
breach of Contract by the Contractor and the appropriate provisions hereof with relation thereto
must apply. The determination of the City Engineer of the amount of reduction in Contract
consideration or other consideration to City or increase in consideration or other basis of
compensation to Contractor arising out of any such change must be final and binding upon the
Contractor, unless it files such a protest as hereinabove provided within ten (10) days after receiving
notice from the City Engineer to proceed. Payment by City on the basis of Contract prices so
adjusted must constitute full and final performance of City obligation hereunder. If the parties fail
to agree prior to completion of the Contract, final payments must not be delayed but must be made
in accordance with the City Engineer's determinations subject to further claim of the Contractor and
compliance by City with court order, but nothing contained in this clause must excuse the Contractor
from proceeding with the prosecution of the work as changed.
4.3.1 Reduction in Cost
If the cost of work to the Contractor is reduced by reason of any modification of the Contract,
compensation must be made to the City therefor or proportionate reduction in Contract
consideration must be made therefor.
4.3.2 Quantity Changes
The quantities given in the proposal schedule for unit price items are for comparing proposals and
may vary from the actual final quantities. Some quantities may be increased and others may be
decreased or entirely eliminated, and no claims must be made against the City for damage
occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to
compensation for the actual work done at the unit prices proposed.
4.3.3 Extra Work
(a) The City reserves and must have the right, when confronted with unpredicted conditions,
unforeseen events, or emergencies, to revise the details of the contemplated work or to add work of
a different character or function and have the Contractor perform such revised or added work, as
extra work, when such extra work is considered by the City Engineer to be vitally appurtenant to
the satisfactory completion of the project. Extra Work is defined as added work of a different
character or function and for which no basis for payment is prescribed; or that involving revisions
of the details of the work in such a manner as to render inequitable payment under items upon which
the Contractor proposed; or that work to be done under stipulated prices as given in the Schedule of
Bid Prices.
The signing of the Contract by the Contractor will be deemed to be an agreement on its part to
perform extra work, as and when ordered by the City Engineer. The Contractor must give notice to
the sureties on the Contractor's bonds if the estimated total value of the Contract, as changed or
supplemented, must exceed the original total proposal price by more than twenty-five percent
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(25%), but failure to give such notice must in no way whatsoever affect the surety's obligation under
said bonds. If required extra work results in delay to the work, the Contractor will be given an
equivalent extension of time.
(b) Upon decision of the City to have extra work performed, the City Engineer will so inform
the Contractor, acquainting it with the details of the new work. Should an item of work within the
proposal schedule correspond with the type of work to be done under extra work to the mutual
satisfaction of the Contractor and the City, the extra work must be performed at the stipulated bid
price and in the manner provided for said item. Should such extra work not correspond to a
stipulated bid price, the Contractor must prepare a price for said work based upon its estimate of
cost and submit said price and estimate to the City Engineer based on one of the following methods
as requested by the City:
(1) For a stated unit price or lump sum amount based upon current prevailing fair prices
for materials, labor, plant, overhead, and profit.
(2) On a cost plus markup basis (force account by the Contractor). All work done by
the Contractor on a cost plus markup basis will be computed in the manner hereinafter described,
and the compensation thus provided must be accepted as payment in full by the Contractor, and no
additional payment will be allowed for the use of small tools, superintendent's services, timekeeper's
services, nor any other overhead expenses incurred in the prosecution of the force account work.
Total Cost Must Include:
MATERIALS: For all materials purchased by the Contractor and used in this
specific work, it will receive the actual cost less normal discounts of such materials,
including freight and delivery charges, as shown by original receipted bills. It must be
understood, however, that such salvage value, as may be agreed upon between the City and
the Contractor for materials which are not permanently incorporated in the work, will be
deducted from the total amount as derived above. The City reserves the right to furnish such
materials required as it deems advisable, and the Contractor must have no claim for profit
on the cost of such materials.
LABOR: For all direct labor engaged in the specific operation, the Contractor will
receive the prevailing wage paid on the project for each and every hour that said labor is
actually engaged in such work. In addition, the City will reimburse the Contractor for
compensation insurance payments; contributions made to the State as required by the
provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended;
and for taxes paid to the Federal Government, as required by the Social Securities Act,
approved August 14, 1935, as amended.
EQUIPMENT RENTAL: For any machine, power and equipment which is
deemed necessary, the Contractor must receive the actual cost of rented equipment
furnished by it as shown on its paid vouchers.
For the use of equipment owned by the Contractor, it must be paid the rental rates
currently prevailing in the locality, and said rental rates must be deemed to include profit
and overhead, and no extra compensation will be allowed, nor will any percentage or
amount whatsoever be added thereto.
MARKUP:
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(i) Work by Contractor. A 15% allowance must be added to Contractor's direct
costs and must constitute the markup for all overhead and profit on work by the Contractor.
The Contractor must also be compensated for the actual increase in the Contractor's bond
premium caused by the extra work.
(ii) Work by Subcontractor. When any of the extra work is performed by a
Subcontractor, a 15% allowance must be added to the Subcontractor's direct costs and must
constitute the markup for all overhead and profit on work by the Subcontractor. In addition,
a 5% allowance must also be added to the Subcontractor's direct cost and must constitute
the markup for all overhead and profit for the Contractor on work by the Subcontractor. The
Contractor must also be compensated for the actual increase in the Contractor's bond
premium caused by the extra work.
(c) The Contractor must not commence extra work until it has secured the approval of the City
as to the method and amount of payment thereunder, excepting that the City Engineer may, in
writing, order the Contractor to proceed with extra work in advance of such approval.
(d) Upon receipt of the Contractor's price, the City Engineer will make an analysis thereof, and
the City will adopt one of the following procedures for prosecuting extra work:
(1) Accept the Contractor's price for lump sum or unit price amount in the original or
amended form and direct Contractor to proceed with the work; or direct Contractor to perform the
work on a cost plus markup basis.
(2) Have the work performed by the City under separate contract, without undue
interference or hindrance to the Contractor and without claim or suit by the Contractor for damages
on account thereof.
4.4 MAINTENANCE OF DETOURS
The Contractor must construct and maintain detours and detour bridges for the use of public traffic
as provided in the Special Provisions, or as shown on the plans or as directed by the Engineer, and
payment for such work will be made as set forth in the Special Provisions or at the contract prices
for the items of work involved if the work being performed is covered by contract items of work,
and no other method of payment therefor is provided in the Special Provisions. Otherwise, the work
will be paid for as extra work as specified under Paragraph 4.3 of this section.
When public traffic is routed through the work, provisions for passageway through construction
operations will not be considered as detour construction or detour maintenance.
Detours used exclusively by the Contractor for hauling materials and equipment must be
constructed and maintained by Contractor at Contractor’s expense.
The failure or refusal of the Contractor to construct and maintain detours at the proper time must be
sufficient cause for closing down the work until such detours are in satisfactory condition for the
use of public traffic.
Where the Contractor's hauling is causing such damage to the detour that its maintenance in a
condition satisfactory for public traffic is made difficult and unusually expensive, the Engineer must
have authority to regulate the Contractor's hauling over the detour.
4.5 USE OF MATERIALS FOUND ON THE WORK
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The Contractor, with the approval of the Engineer, may use in the proposed construction such stone,
gravel, sand or other material suitable, in the opinion of the Engineer, as may be found in the
excavation, but it must replace at its own expense with other suitable material all of that portion of
the material so removed and used which was contemplated for use in the embankments, backfills,
bridge approaches, or otherwise. No charge for materials so used will be made against the
Contractor. The Contractor must not excavate or remove any materials from within the project
location which is not within the excavation, as indicated by the slope and grade lines, without
written authorization from the Engineer.
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SECTION 5
CONTROL OF THE WORK
5.1 AUTHORITY OF CITY ENGINEER
The City Engineer must decide all questions which may arise as to the quality or acceptability of
materials furnished and work performed and as to the manner of performance and rate of progress
of the work and all questions which may arise as to the interpretation of the Plans and Specifications.
His/her decision must be final, unless otherwise ordered by the City Manager or Assistant City
Manager, and he/she must have authority to enforce and make effective such decisions and orders
which the Contractor fails to carry out promptly.
5.2 PLANS
The approved Plans are hereby made a part of these Specifications. These Plans show in general the
nature and dimensions of the work to be done. It is hereby understood that changes may be made
according to the best interests of the City.
5.3 CONFORMITY WITH PLANS
Finished surfaces in all cases must conform with the lines, grades, cross sections, and dimensions
shown on the approved plans. Deviations from the approved plans and working drawings, as may
be required by the exigencies of construction, will in all cases be determined by the City Engineer
and must be authorized in writing by him/her.
The Contractor must have Plans and Specifications for the project on the project location at all times
and must make these Plans and Specifications available to the Engineer upon request.
5.4 WORKING DRAWINGS
The Contractor must submit such working drawings, in quadruplicate, as required by the Special
Provisions. Working drawings for any structure must consist of such detailed plans as may be
required for the prosecution of the work and are not included in the plans furnished by the City.
They must include shop details, erection plans, masonry layout diagrams, and bending diagrams for
reinforcing steel, which must be approved by the Engineer before any work involving these plans
is performed. Plans for cribs, cofferdams, falsework, centering, and form work will be required and
must be subject to approval, unless approval is waived by the Engineer. These plans will be subject
to approval insofar as the details affect the character of the finished work, but other details of design
will be left to the Contractor, who must be responsible for the successful construction of the work.
It is expressly understood, however, that approval by the Engineer of the Contractor's working
drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and
details, or for mutual agreement of dimensions and details.
Full compensation for furnishing all working drawings must be considered as included in the prices
paid for the various Contract items of work, and no additional allowance will be made therefor.
5.5 COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS
These Specifications, the Plans, Special Provisions, Contract Change Orders, and all supplementary
documents are essential parts of the Contract, and a requirement occurring in one is binding as
though occurring in all. They are intended to be cooperative and to describe and provide for a
complete work.
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In case of discrepancy either in the Plans or Specifications, the matter must be promptly submitted
to the City Engineer who must make a determination in writing. Any adjustment by the Contractor
without this determination must be at its own risk and expense. If the Contractor, in the course of
the work, finds any discrepancy in the Plans in the physical conditions of the locality or any errors
or omissions in the Plans or in the layout as given by survey points and instructions, it must
immediately notify the Engineer in writing who must promptly verify the same. Any work or
material not herein specified or shown on the Plans, but which be fair implication in the judgment
of the City Engineer, should be included therein, must be done or furnished as a part of the Contract
as though shown or included in the Plans or Specifications. Any work done after such discovery,
until authorized, must be done at the Contractor's risk.
5.6 INTERPRETATION OF PLANS AND SPECIFICATIONS
Should it appear that the work to be done or any of the matter relative thereto are not sufficiently
detailed or explained in the Plans and Specifications, the Contractor must apply to the Engineer for
such further explanations as may be necessary and must conform to them as part of the Contract, so
far as may be consistent with the original Specifications; and in the event of any doubt or question
arising respecting the true meaning of the Specifications, reference must be made to the City
Engineer, whose decision thereon must be final.
In the event of any discrepancy between any Plans and the figures written thereon, the figures must
be taken as correct.
5.7 SUPERINTENDENCE
Whenever the Contractor is not present on any part of the work where it may be desired to give
direction, orders will be given by the Engineer, which must be received and obeyed by the
superintendent or foreman or authorized representative who may have charge of the particular work
in reference to which the orders are given. Any order given by the Engineer, not otherwise required
by the Specifications to be in writing, will, on request of the Contractor, be given or confirmed by
the Engineer in writing.
An authorized representative of the Contractor must be present at the site of the work at all times,
both while work is actually in progress of the Contract and during periods when work is suspended.
Where the Contractor is comprised of two or more persons, co-partnership or corporations,
functioning on a joint venture basis, said Contractor must designate in writing to the City the name
of their authorized representative who must have supreme authority to direct the work and to whom
orders will be given by the Engineer, to be received and obeyed by the Contractor.
The Contractor must have a sufficient number of superintendents or foremen on the site of the work
to adequately supervise and direct each major type of its construction work, and when, in the opinion
of the Engineer, the Contractor's required supervisory personnel are considered inadequate, the
Contractor, upon request from the City, must promptly provide adequate personnel.
5.8 LINES, GRADES AND MEASUREMENTS
Initial staking out of the work will be done by the Contractor, unless otherwise stated in the Special
Provisions. The Contractor will establish control lines and offset lines and set all stakes normally
required in order that the Contractor can make the necessary measurements therefrom for the layout
of the details of its work without the need for surveyors. Survey stakes and bench marks removed
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by the carelessness of the Contractor or its employees will be replaced by the City at the Contractor's
expense.
The Contractor must employ skilled personnel for making measurements and skilled mechanics for
setting equipment or metal parts that are to be permanently imbedded in or attached to proposed
structures. Any inaccuracies in the placing of equipment or metal parts must be remedied by the
Contractor at its own cost. Any inaccuracies in the performance of the Contractor's work due to
faulty transfer or measurements must be remedied by the Contractor at its own expense.
5.9 INSPECTION
5.9.1 Except as otherwise provided in paragraph 5.9.4 below, all material and workmanship, if not
otherwise designated by the Specifications, must be subject to inspection, examination and test by
the Engineer at any and all times during manufacture and/or construction and at any and all places
where such manufacture and/or construction are carried on. The Engineer must have the right to
reject defective material and workmanship or require its correction. Rejected workmanship must be
satisfactorily corrected, and rejected material must be satisfactorily replaced with proper material
without charge therefor, and the Contractor must promptly segregate and remove the rejected
material from the premises. If the Contractor fails to proceed at once with the replacement of
rejected material and/or the correction of defective workmanship, the Engineer may by Contract or
otherwise replace such material and/or correct such workmanship and charge the cost thereof to the
Contractor, or may terminate the right of the Contractor to proceed.
5.9.2 The Contractor must furnish promptly without additional charge, all reasonable facilities,
labor, and materials necessary for the safe and convenient inspection and tests that may be required
by the Engineer. All inspection and tests by the Engineer must be performed in such a manner as
not unnecessarily to delay the work. Special, full size, and performance tests must be as described
in the Specifications. The Contractor must be charged with any additional cost of inspection when
material and workmanship are not ready at the time inspection is requested by the Contractor.
5.9.3 Inspection of material and finished articles to be incorporated in the work at the site must be
made at the place of production, manufacture, or shipment, whenever the quantity justifies it, unless
otherwise stated in the Specifications; and such inspection and written or other formal acceptance,
unless otherwise stated in the Specifications, must be final, except as regards latent defects,
departures from specific requirements of the Contract, damage or loss in transit, frauds, or such
gross mistakes amount to fraud. Subject to the requirements contained in the preceding sentence,
the inspection of material and workmanship for final acceptance as a whole or in part must be made
at the site. Nothing contained in this paragraph must in any way restrict the City's rights under any
warranty or guarantee. No work must be covered by a succeeding operation until the Engineer has
had adequate notice and a sufficient opportunity to inspect the work. Any violation of this
requirement will be deemed an attempt to defraud the City, and the work covered may be rejected.
The Contractor must comply promptly with the instructions of the Engineer. Failure to so comply
must be sufficient cause for breach of Contract. The Engineer may, when in the best interests of the
City, order a suspension of the work or any part of the work which is not, in his/her opinion,
proceeding satisfactorily.
The inspection of the work must not relieve the Contractor of any of its obligations to fulfill its
Contract as prescribed.
5.9.4 Should it be considered necessary or advisable by the Engineer at any time before final
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acceptance of the entire work to make an examination of work already completed, and upon which
adequate notice and sufficient opportunity for inspection was as provided in the previous paragraph,
by removing or tearing out same, the Contractor must on request promptly furnish all necessary
facilities, labor, and material. If such work is found to be defective or non-conforming in any
material respect due to fault of the Contractor or its Subcontractors, it must defray all the expense
of such examination and of satisfactory reconstruction. If, however, such work is found to meet the
requirements of the Contract, the actual direct cost of labor and material necessarily involved in the
examination and replacement, plus markup as determined in Section 4.3, must be allowed the
Contractor, and it must, in addition, if completion of the work has been delayed thereby, be granted
a suitable extension of time on account of the additional work involved.
5.9.5 All inspection by the City, the Engineer, or the Engineer’s representative is for the use by the
City in determining the acceptability of the project by the Engineer. The Contractor is responsible
for the quality of all materials supplied and all workmanship. The Contractor must provide and
implement a quality control program independent of the inspections provided by the City. Such
quality control program must be designed to ensure materials and workmanship are of first quality
in conformance with these specifications and the best practices of the construction industry. The
contractor’s quality control plan must be submitted to the Engineer for review within 15 days of
Notice to Proceed. Approval of the quality control plan by the Engineer does not relieve the
contractor of providing sufficient tests or certifications to provide a complete and useable product
in accordance with these specifications.
5.10 UNAUTHORIZED WORK AND DEFECTIVE WORK OR MATERIALS
Any work done beyond the scope of the Plans, Specifications, established by the City Engineer, or
any extra work done without written authority, will be considered as unauthorized and will not be
paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the
part of the Contractor to comply promptly with any order of the Engineer made under the provisions
of this Section 5, the City Engineer must have authority to cause defective work or materials to be
remedied or removed and replaced, and unauthorized work to be removed, and to deduct the cost
from any moneys due or to become due the Contractor notwithstanding that such defective work
and materials have been previously overlooked by the Engineer and accepted or estimated for
payment.
5.11 METHODS AND EQUIPMENT
Equipment not suitable to produce the quality of work required will not be permitted to operate on
the project. If the City Engineer or representative observes unsuitable equipment, the City Engineer
shall have the right and authority to stop work. Contractor shall not be granted extra additional days
or compensation for delay due to Contractor’s use of unsuitable equipment.
Plants must be designed and constructed in accordance with general practice for such equipment
and must be of sufficient capacity and of such character to insure the production of sufficient
material to carry the work to completion within the time limit.
The Contractor must provide adequate and suitable equipment and plants to meet the above
requirements and, when ordered by the Engineer, must remove unsuitable equipment from the work
and discontinue the operation of unsatisfactory plants.
Each machine or unit of equipment must be operated by a person experienced in handling the
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particular make of machine or unit of equipment in use, at a speed or rate of production not to
exceed that recommended by the manufacturer.
All vehicles used to haul materials over existing highways must be equipped with pneumatic tires.
Beam scales for use in batchers, proportioning plants, platform scales, or for other purposes must
be equipped with “V” blocks and pivots of hard steel in all hangers or other points of support which
are used as parts of the weighing mechanism.
5.12 FINAL INSPECTION AND ACCEPTANCE
The work will be inspected by the City for acceptance promptly upon receipt of notice in writing,
for the Contractor, that the work required under the Contract has been performed.
If, in the judgment of the City Engineer, the work has been completed in accordance with the Plans
and the Specifications and is ready for acceptance, he/she will so certify and accept the completed
work in accordance with the City’s approved procedures. The City Engineer will, in his/her
certification to the City, give the date upon which the work was completed. Upon acceptance by the
City pursuant to such certification, the date of completion as certified by the City Engineer will be
the date of completion of work up to which penalties for liquidated damages, if any, will be
computed.
5.13 CLEANUP WORK
During construction the Contractor must keep the site reasonably free and clear from all rubbish
and debris. Care must be taken to prevent spillage when hauling is being done on any public road
or street, and any such spillage or debris resulting from the Contractor's operation must be
immediately cleaned up.
Upon the completion of the work, the Contractor must remove all plants, building, rubbish,
unused materials, concrete forms and other like material belonging to it or used under its
direction during the construction. In the event of its failure to do so, the same may be removed
by the City at the expense of the Contractor.
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SECTION 6
CONTROL OF MATERIALS
6.1 CITY-FURNISHED MATERIALS
The Contractor must notify the City as to the time at which it will require those materials which are
to be furnished by the City. This notice must be given in sufficient advance of actual need to avoid
delay.
City-furnished materials will be delivered Freight on Board (f.o.b.) trucks at the site of the work.
The site of the work must be construed as meaning the nearest point to the work which is readily
accessible to trucks. The Contractor will be charged with any standby or demurrage charges which
may accrue at the point of delivery because of his failure to unload the trucks immediately upon
their arrival at the site of work.
The Contractor must receive and be responsible for these materials, storing those which may be
damaged by the elements, in a safe, substantial manner until they are used in the work.
Any materials delivered in an acceptable condition to the Contractor by the City and subsequently
lost to or rejected by the City due to damages from handling, transporting, storing, flood waters,
fire, or for any other reasons before its acceptance in the completed work, must be paid for by the
Contractor. The total value of such materials will be deducted from moneys due or becoming due
the Contractor. Any condemned material must be immediately and permanently removed from the
site of work by the Contractor.
Any of the City's materials, remaining unused after all requirements for said materials have been
met, must be promptly returned to the City in acceptable condition. These materials must be
returned by the Contractor f.o.b. the City's truck at the site of work and at such points as will be
conveniently accessible to City transportation.
The Contractor must not sell, assign, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the
Contract, without the formal consent of the City.
6.2 MATERIALS TO BE FURNISHED BY THE CONTRACTOR
Unless otherwise specified herein, or on the Plans and Specifications, the Contractor must furnish
all materials required for the completion of the Contract. The cost of hauling, storing and handling
of all the materials required to be furnished by the Contractor must be included in the unit price
proposal in the schedule for the work for which the materials are required.
6.3 SOURCE OF SUPPLY AND QUALITY OF MATERIALS
It must be the Contractor's responsibility to require material suppliers and Subcontractors to furnish
materials which meet the requirements of the Specifications. All materials which are to become part
of the completed project must be new and must conform to the requirement prescribed therefor in
these Specifications or as specified in the Special Provisions.
Unless otherwise waived in writing by the Engineer, the Contractor will be required to furnish the
City with certification prepared and signed by the manufacturer and/or supplier to the effect that
items furnished meet all the requirements of the Specifications. Such certification must be furnished
prior to the use of the material in any part of the construction.
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In the case of sand and gravel to be used for concrete construction, the Contractor must notify the
City's representative in writing, the sources of the available materials and secure source approval in
writing prior to placing order for delivery of this material to the job site.
6.4 WATER AND ELECTRIC POWER
Unless otherwise indicated in the proposal schedules, the responsibility must be upon the Contractor
to provide, pay all cost for, and maintain at his own expense an adequate supply of water and electric
power of a quality suitable for its construction and domestic purposes.
The Contractor must indemnify, defend, and save harmless the City against any and all claims or
suits for damages arising from its acquisition and use of electric power and water.
6.5 MATERIALS AND WORKMANSHIP; WARRANTY
All material furnished by the Contractor must be of the specified quality and equal to approved
samples, if samples have been submitted. All work must be performed and completed in a thorough,
workmanlike manner, notwithstanding any omission from the Plans and Specifications. All work
done and all materials furnished must comply with these Specifications to the satisfaction of the
City.
Materials furnished by the Contractor and condemned by the Engineer as being unfit for use must
be immediately and permanently removed from the site of work. Unused materials, except such as
furnished by the City, must remain the property of the Contractor.
Contractor warrants that all construction services shall be performed in accordance with generally
accepted professional standards of good and sound construction practices, all Contract Documents
requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all
materials and equipment shall be new, of suitable grade of their respective kinds for their intended
uses, and free from defects. Contractor hereby grants to City for a period of one year following the
date of completion its unconditional warranty of the quality and adequacy of all of the Work
including, without limitation, all labor, materials and equipment provided by Contractor and its
Subcontractors of all tiers. If either prior to completion of the Work, or within one year after
completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties
(Defective Work), Contractor shall promptly, without cost to City and in accordance with City’s
written instructions, correct, remove and replace the Defective Work with conforming Work, and
correct, remove and replace any damage to other Work or other property resulting therefrom. If
Contractor fails to do so, Contractor shall pay all of the City’s resulting claims, costs, losses and
damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the
correction period, City shall have all rights and remedies granted by law.
6.6 STORAGE OF MATERIALS
Materials must be so stored as to insure the preservation of their quality and fitness for the work.
When considered necessary by the Engineer, they must be placed on wooden platforms or other
hard, clean surfaces and not on the ground. They must be placed under cover when so directed.
Stored materials must be so located as to facilitate prompt inspection.
6.7 SAMPLES AND SPECIMENS
The Contractor must submit specimens or samples of materials to be used in the work as the
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Engineer may require.
6.8 TRADE NAMES AND ALTERNATIVES
For convenience in designation on the Plans or in the Specifications, certain equipment or articles
or materials may be designated under a trade name of a manufacturer and its catalogue information.
The use of alternative equipment or an article or material which is of equal quality and of the
required characteristics for the purpose intended will be permitted, subject to the approval of the
City Engineer, in accordance with the following requirements:
The burden of proof as to the comparative quality and suitability of alternative equipment or articles
or materials must be upon the Contractor, and its must furnish, at its own expense, all information
necessary or related thereto as required by the City Engineer. The City Engineer must be the sole
judge as to the comparative quality and suitability of alternative equipment or articles or materials,
and his/her decision must be final.
The price proposal by the Contractor is assumed to be on the basis of trade names specified or
designated in the Specifications. Savings resultant from use of a less expensive equal or alternate
must accrue to the City and must be subtracted from the unit price for this item.
6.9 REMOVAL OF EQUIPMENT OR MATERIALS
The Contractor must not sell, assign, mortgage, hypothecate or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the
Contract without the formal consent of the City.
6.10 TESTING OF MATERIALS
Unless otherwise specified elsewhere in the Specifications or in the Special Provisions or called for
in the Plans, all tests of materials and work for determining compliance with specified requirements
must be performed by the City or its authorized representative.
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SECTION 7
LEGAL RELATIONS AND RESPONSIBILITY
7.1 LAWS TO BE OBSERVED
The Contractor must keep itself fully informed of all existing and future State and Federal laws and
County and municipal ordinances and regulations which in any manner affect those engaged or
employed in the work, or the materials used in the work, or which in any way affect the conduct of
the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. The contractor must at all times observe and comply with all such existing
and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any
jurisdiction or authority over the work; and must indemnify, defend, and save harmless the City and
all its officers, agents and servants against any claim or liability arising from or based on the
violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees.
If any discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications, or Contract
for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor must
forthwith report the same to the City Engineer in writing.
7.2 PERMITS
The City will obtain all necessary rights and approvals for the work to occupy properties in streets,
highways or railways. The Contractor must obtain all permits and pay any fees connected therewith
having to do with its construction operations. The Contractor must furnish the City with a copy of
all permits and must fully comply with all conditions and provisions of same.
Bidders must contact railway companies affected by the work under the project and ascertain their
requirements in respect to indemnification agreements, bonds and insurance. Upon award of
Contract, the Contractor must immediately again contact the railway company and, if required, enter
into an indemnification agreement, and furnish bonds and insurance, and pay the fees therefor.
All expenses incurred by the railway company as a result of the Contractor's operations must be
borne by the Contractor.
7.3 PATENT CLAIMS
The bidder must include in the price proposal for the work the patent fees or royalties or charges
upon any patented article or process which it may furnish or use in the prosecution of the work, and
the bidder to whom the Contract is awarded must indemnify, defend and save harmless the City
against any legal action that may be brought for infringement of patents upon any articles or
processes that may be used by it in the prosecution of the work. The contractor must furnish
satisfactory evidence of release of all claims of this nature before the final payment is made upon
the Contract.
7.4 SANITARY PROVISIONS
The Contractor must provide and maintain in a neat and sanitary condition such accommodations
for the use of its employees as may be necessary to comply with all applicable laws, ordinances and
regulations pertaining to the public health and sanitation of dwellings and camps. Enclosed toilets
must be provided for the use of the persons employed or engaged on any work under these
Specifications.
7.5 RIGHT OF WAY AND RIGHT OF ACCESS
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The City will acquire all permanent rights of way or permanent easements required for the
constructed project. The Contractor is hereby empowered to use the site for the purposes described
in the Specifications.
The responsibility for obtaining the right to enter, remove, alter, or make use of any existing road,
culvert, bridge, canal, pipeline, levee, fence or similar barrier, lines of communications or
improvement of any nature, or the trespassing on privately owned lands, must be in the hands of the
Contractor, and it must indemnify, defend and save harmless the City from any and all claims for
such damages occasioned by such entering, removing, altering, using or trespassing.
In case of interference to the work by delay of the City in furnishing permanent rights of way or
permanent easements, the Contractor will be allowed an extension of time equivalent to the time
lost by unavoidable delay in the completion of the Contract because of the failure to furnish the
rights of way on time, but no damages will be allowed or paid for such delay.
Rights of way and/or easements and construction easements have been secured for work sites, and
for trails and roadways as considered necessary for ingress and egress to the work site. Such rights
and/or easements have been delineated on the Plans. The right to enter, remove, alter, or otherwise
make use of adjacent property, roads, utility lines, fences, vegetation and other improvements as
not included within the rights of way or easements must be at the sole expense and responsibility of
the Contractor.
7.6 PUBLIC CONVENIENCE AND ACCESS
The Contractor must conduct its operations so as to cause the minimum obstruction and
inconvenience to traffic and to places of business and residence adjacent to the work. No greater
quantity of work must be under construction at any one time than can be properly conducted with
due regard for the rights of the public. Where existing streets are not available as detours, all traffic
must be permitted to pass through the work with as little inconvenience and delay as possible, unless
otherwise provided or authorized. If half the street only is under improvement, the other half must
be conditioned and maintained as a detour.
The work must be conducted by tunneling, backfilling or bridging where necessary to provide
access to fire hydrants and water gates; driveways to service stations, markets or other places of
business requiring public vehicular access; and driveways to private residences, unless the
Contractor makes other arrangements satisfactory to the City. Temporary approaches to intersecting
streets and alleys must be provided and maintained in good condition. Safe crossings for pedestrians
must be provided at intervals of not more than 300 feet.
7.7 STORAGE OF MATERIALS IN PUBLIC STREETS, ROADS OR HIGHWAYS
Construction materials must not be stored in streets unless permitted by the City Engineer.
7.8 PUBLIC SAFETY
Attention is called to the “Construction Safety Order,” “Trench Construction Safety Orders,”
“General Safety Orders,” and “Tunnel Safety Rules” of the California Division of Occupational
Safety and Health to which the Contractor is required by law to conform. The contractor must
provide itself with copies of these rules and orders and must keep a copy of each at the site of its
operations and must be governed by the requirements thereof. The requirements concerning
Ventilation, General Safety Precautions, Transportation, Roof Inspection, Timbering, and all
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rules and regulation concerning the use of explosives are of particular importance.
7.9 STREET CLOSURES, DETOURS, BARRICADES
In addition to the requirements of this paragraph and Section 4 of these Specifications, the
Contractor must, unless otherwise permitted by the City Engineer, conform to the requirements for
street closures, detours and barricades as stipulated in the Special Provisions. However, the City
Engineer may permit deviations from the requirements stipulated therein when such deviations are
to the best interests of the City and are approved by the County, City or State authorities concerned.
During the progress of the work, adequate provisions must be made by the Contractor to
accommodate the normal traffic along streets and highways immediately adjacent to or crossing the
work so as to cause a minimum of inconvenience to the general public.
The Contractor must give due notice to local police and fire departments prior to beginning
construction and must cooperate with said departments in complying with their requirements
pertaining to emergency vehicles and equipment.
The Contractor must comply with the requirements of the County, City or State authorities
concerned in regard to their requirements for closure of streets; the providing of barriers, guards,
lights, temporary bridges, flagmen and watchmen; and the posting of proper notices or signals to
the public regarding detours and the condition of the work under construction so as to effectively
guard the public from danger as a result of the work being done under the Contract. The Contractor
must fully comply with such requirements. The Contractor must also be held responsible for
compliance with any additional requirements as may arise during the progress of the work. All costs
involved in respect to the above requirements will be considered as included in the prices proposal
for the various items of work.
The Contractor must furnish, install, and upon completion of the work, remove all signs and
warning devices required for directing and protecting the public during construction.
The signs and posting thereof must conform to the current requirements as specified in the manuals
covering signs published by the Division of Highways, Department of Public Works of the State of
California. Copies of these manuals are on file in the office of the Engineer.
The Contractor must notify the appropriate authorities of any municipality or unincorporated area
24 hours in advance of the start of any construction work being done in said municipality or area.
The provisions of Paragraph 7.18, “Emergencies and Responsibility for Damage,” must apply to
the precautions and safeguards taken by the Contractor in connection with the closure of streets,
barricades, detours, signs, etc., as required by the above authorities.
7.10 USE OF EXPLOSIVES
The use of explosives will not be permitted unless otherwise stated in the Special Provisions. If
permitted, the method employed and the quantity of explosives used must at all times be subject to
the approval of the Engineer. Explosives must be handled, used and stored in accordance with the
provisions and requirements of all applicable laws, ordinances and regulations with respect thereto.
The approval by the Engineer for the use of explosives must not relieve the Contractor from its
responsibility to indemnify, defend and save harmless the City from any legal actions or claims
brought against it because of or on account of the use of explosives.
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7.11 PRESERVATION OF PROPERTY
The Contractor must be held responsible for the protection of the restoration of, or the replacement
of, any improvements such as, but not limited to, lawns, trees, shrubs, hedges, fences, walls,
sidewalks, driveways, curbs, gutters and pavement existing on public or private property at the start
of work or placed there during the progress of work and not being specified or shown on the
drawings to be either temporarily or permanently removed. The Contractor must be held responsible
for the removal of all USA Markings created within the project limits, and in relation to the project.
Replacement or restoration must meet the approval of the Engineer.
With respect to trees, the Contractor must obtain permission from the Engineer and from the
jurisdictional agency concerned prior to the removal or trimming of any trees, except where a tree
is specifically indicated on the Plans or in the Specifications to be removed. Trees which are so
indicated need not be replaced except where otherwise stipulated in the Specifications.
All costs involved in the protection and restoration of existing improvements as herein specified
must be included in the prices proposal for the various items of work.
7.12 PRESERVATION OF MONUMENTS
The Contractor must not disturb any monuments or stakes found on the line of improvements
without permission from the Engineer, and must bear the expenses of resetting any monuments or
stakes which may have been disturbed with such permission. The Contractor must reset all street
signs and traffic signs disturbed by it during the progress of the work.
7.13 SAFEGUARDING EXCAVATIONS AND STRUCTURES
In making excavations for the project, the Contractor must be fully responsible for providing and
installing adequate sheeting and/or timbering and bracing as may be necessary as a precaution
against slides or cave-ins, and to protect all existing improvements of any kind, either on public or
private property, full from damage. The Contractor must make necessary repairs to or reconstruction
of any such improvements damaged at its own expense and as directed by the Engineer.
The Contractor must remove all shattered rock or other loose material which appears dangerous to
workmen or to structures. The fact that such removal may enlarge the excavation beyond the
required limits must not operate to relieve the Contractor from the necessity of making such
removal, and the Contractor must be entitled to no additional compensation under any Contract item
on account of such removal and enlargement.
All material required for sheeting, bracing and shoring must be furnished by the Contractor and
upon completion of the work, except for such as may be left in place, must become the property of
the Contractor.
7.14 EMERGENCIES AND RESPONSIBILITY FOR DAMAGE
The Contractor, at all times throughout the performance of the Contract, must take all precautions
necessary to effectually prevent any accident or other cause of damage to life or property in any
place affected by the operations in consequence of work being done under the Contract and in
consequence of any unusual conditions which may arise, and must to this end erect and maintain
suitable and sufficient barriers, signs, lights, or other necessary protection. This requirement must
also apply to interruption or contamination of public water supply, irrigation, or other public
services, or from the failure of partly completed works.
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If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate
at any time during the life of the Contract, he/she may order the Contractor to take further
precautions, and if the Contractor must fail so to do, the Engineer may order the work done by the
City forces and charge the Contractor for the cost thereof, such cost to be deducted from any moneys
due or becoming due the Contractor. Failure of the Engineer to order such additional precautions,
however, must not relieve the Contractor from its full responsibility for public safety.
The Contractor must indemnify, defend and save harmless the City from any legal actions or claims
of every name and description brought against it for, or on account of, any injury or damage to
person or property received or sustained by any person or persons by or from the Contractor, or any
duly authorized Subcontractor or any agent, employee or workman, by or on account of work done
under the Contract of any extension or addition thereof caused by its negligence, or by or in
consequence of any negligence in guarding the same, or any material used or to be used for the
same, or by or on account of any material, implement, appliance or machine used in the
construction, or by or on account of any accident or of any act or omission of the Contractor, or of
any duly authorized Subcontractor or any agent, employee or workman.
A sufficient amount of the money due the Contractor under the Contract as must be determined to
be necessary by the City may be retained until all legal actions or claims for damages as aforesaid
have been settled and evidence to that effect has been furnished to the City. This amount may be
retained in addition to that provided for in Paragraph 9.5.
All of the above provisions must include suits for loss of business and/or obstruction or
inconvenience to business or private property owners.
7.15 DISPOSAL OF MATERIAL OUTSIDE OF CITY'S RIGHT OF WAY
Unless otherwise specified in the Special Provisions, the Contractor must make its own
arrangements for disposing of materials outside of City's right of way at its own profit or loss, and
it must pay all costs involved therewith.
When any material, including excess or unsuitable excavated earth or other materials are to be
disposed of outside of City's right of way, the Contractor must first obtain written permit from the
property on whose property the disposal is to be made, and it must file said permit or a certified
copy thereof, together with a written release from the property owner, absolving the City from any
and all responsibility in connection with disposal of material on said property.
Unless otherwise provided in the Special Provisions, full compensation for all costs involved for
disposing of materials, as above specified, must be considered as included in the prices paid for the
various Contract items of work, and no additional allowance will be made therefor.
7.16 CONTRACTOR'S RESPONSIBILITY FOR WORK
The submitting of a proposal hereunder must be considered as evidence that the bidder has carefully
examined the site of the work with regard to the climatic and physical conditions which will affect
construction operations.
The Contractor must, throughout the entire term of the Contract, assume all risks and expense of
interference and delay in its operations, and the protection from or the repair of damage to
improvements being built by it under the Contract as may be caused by water of whatever quantity
from floods, storms, industrial waste, irrigation, underground, or other sources. The Contractor must
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also assume full responsibility and expense of protecting or removing and returning to the site of
work all equipment or materials under its care endangered by any action of the elements.
Furthermore, the Contractor must indemnify, defend and save harmless the City against all claims
or suits for damage arising from his operations in dewatering the work and control or diversion of
water.
All works installed by the Contractor in connection with dewatering, control, and diversion of water,
but not specified to become a permanent part of the project, must be removed and the site restored,
insofar as practical, to original condition at the Contractor's own expense.
7.17 CITY ENGINEER CANNOT WAIVE OBLIGATIONS
It is expressly agreed that neither the City Engineer nor any of his/her agents must have the power
to waive any of the obligations of these Specifications for the furnishing by the Contractor of good
and suitable material and for performing the work as herein described. Failure or omission on the
part of the City Engineer, or any of his/her assistants or agents, to condemn defective or inferior
work or materials, must not imply acceptance of the work, nor release of the Contractor from
obligations at once to tear out, remove and properly replace the same without compensation, at its
own cost and expense at any time, upon the discovery of said defective work and material, prior to
the final acceptance of the entire Contract; neither must such failure or omission nor any acceptance
by the City or by the City Engineer or any other officer or employee of the City be construed as
barring the City at any subsequent time from recovery of damages from the Contractor and its
sureties, and of such a sum of money as may be needed to remove and to build anew all portions of
the work in which fraud was practiced, or improper work or material hidden.
7.18 RIGHTS IN LAND IMPROVEMENTS
Nothing in these Specifications must be considered as allowing the Contractor to make any
arrangements with any person to permit occupancy or use of any land, structure or building within
the limits of the Contract for any purpose whatsoever, either with or without compensation, in
conflict with any agreement between the City and any owner, former owner, or tenant of such land,
structure or building.
7.19 PERSONAL LIABILITY
Neither the City, the City Engineer, nor any of his/her agents or other officer or authorized employee
of the City must be personally responsible for any liability arising under the Contract. The
Contractor must maintain in full force and effect, during the entire life of the Contract, public
liability, property damage and personal injury insurance in amounts not less than specified in the
Special Provisions. The Contractor must maintain on file with the City during the entire life of the
Contract a memorandum of coverage or other evidence of such insurance, issued by the underwriter.
Said insurance referred to must not be cancelled or renewal thereof declined unless notice is mailed
to the named insured at least 45 days prior to the effective date or renewal or at least 60 days prior
to the effective date of cancellation. In addition, if a public agency is named as an additional insured
by way of endorsement or certificate of insurance, notice should be given to said public agency.
The Contractor must pay all premiums whether said premiums cover extra work or work under
regular contract items.
7.20 REPAIR OF EQUIPMENT
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The work of installing, assembling, repairing or reconditioning, or other work of any nature on
machinery, equipment, or tools used in or upon the work must be considered a part of the work to
be performed under the Contract, and any laborers, workmen, or mechanics working on such
machinery, equipment or tools, unless employed by bonafide commercial repair shops, garages,
blacksmith shops, or machine shops, which have been established and operating on a commercial
basis for a period of at least two months prior to the award of the Contract, must be subject to all of
the requirements relating to labor set forth herein and in these Provisions.
7.21 CONTRACTOR'S LEGAL ADDRESS
The address given in the proposal must be considered the Contractor's legal address, but this may
be changed at any time by notice in writing to the City at its office. The delivery to such address, or
the depositing in the United States mails in a sealed envelope, postpaid, registered and properly
directed to the Contractor's legal address, of any communications must be considered a legal and
sufficient service of the same upon the Contractor.
7.22 COOPERATION AND COLLATERAL WORKS
Where two or more contractors are employed in related or adjacent work, each must conduct its
operations in such manner as not to cause any unnecessary delay or hindrance to the other. Each
contractor must be responsible to the other for all damage to work, to person or property, or for loss
caused by failure to finish the work within the specified time for completion.
The Contractor must also coordinate its work and cooperate with contractors or workmen employed
by other agencies on or adjacent to the site of the work.
7.23 UTILITIES
Utilities for the purpose of these specifications must be considered as including, but not limited to,
pipelines, conduits, transmission lines, and appurtenances of “Public Utilities” (as defined in the
Public Utilities Act of the State of California) and those of private industry, businesses, or
individuals solely for their own use or for use of their tenants; and storm drains, sanitary sewers,
street lighting, and traffic signal systems.
All utility service interrupted or severed by the Contractor's operation must be immediately
reinstated by temporary connections, and permanent reconstruction must be made as soon as
construction operations permit.
The City has, by a search of known records, endeavored to locate and indicate on the drawings, all
utilities which exist within the limits of the work. However, the accuracy or completeness of the
utilities indicated on the drawings is not guaranteed. Service connections to adjacent property may
or may not be shown on the drawings. It must be the responsibility of the Contractor to determine
the exact location of all utilities and their service connections. The Contractor must make its own
investigation as to the location and type of existing utilities and their appurtenances and service
connections which may be affected by the Contract work and must notify the City as to any utility
located by it which has been incorrectly shown or omitted from the drawings.
Work required in connection with utilities because of interference with Contract work will be
performed and paid for as specified in the following paragraphs, 7.27.1 through 7.22.8; however,
when directed or approved by the City Engineer, changes in line or grade of structure being built
may be made in order to avoid utilities. The cost of such changes will be paid for as extra work.
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7.23.1 By Other Than the Contractor:
When it is stated in the Special Provisions or indicated on the drawings that a utility is to be
relocated, altered, or reconstructed by other than the Contractor, the City will conduct all
negotiations with the owners in respect to such work, and the work will be done at no cost to the
Contractor.
7.23.2 By the Contractor Under A Specified Contract Item:
When the bidding schedule contains a separate item covering the relocation, alteration, or
reconstruction of a utility by the Contractor, the price proposal for said item must cover all costs
involved in such work.
The utility owner's drawings and Special Provisions will give the construction details for the work,
and, unless the time at which the work must be done is specified in the Special Provisions, the
Contractor must coordinate with the utility owner in respect to when the work is to be done.
7.23.3 By the Contractor But Not Under a Specified Contract Item:
When work on a utility is specified or indicted on the Plans to be done by the Contractor, but is not
included as a separate Contract item in the bidding schedule, the City will make all arrangements
with owner of the utility in respect to the construction details; however, the Contractor must
coordinate with the utility owner as to when the work is to be done. Any costs for such work must
be absorbed in the unit prices or included in the lump sum amounts proposal for the various Contract
items.
7.23.4 By the Contractor - Service Connections:
The alteration, temporary relocation or reconstruction of service connections to adjacent property
must be the responsibility of the Contractor, and the contractor must notify occupants of the affected
properties before service is interrupted and make all arrangements with the utility owners regarding
requirements of interruption and reconstruction of service connections. The costs for such work on
service connections must be absorbed in the unit prices or included in the lump sum amounts
proposal for the various Contract items, unless otherwise specified in the Special Provisions.
Reconstruction of sanitary sewer house connections must be accomplished in the manner shown on
the Plans.
7.23.5 By the Contractor for His Own Convenience:
The temporary relocation or the alteration of any utility desired by the Contractor solely for its own
convenience in the performance of the Contract work to a position or condition other than that
provided for in the Special Provisions or shown on the Plans must be the Contractor's own
responsibility, and the contractor must make all arrangements with the owners of the utility
regarding such work. Any cost of such work for the Contractor's own convenience must be absorbed
in the unit prices or included in the lump sum amounts proposal for the various Contract items.
7.23.6 By the Contractor or by Others – Unknown Utilities Disclosed during Contract
Work:
In the event that a utility is disclosed subsequent to the award of Contract, such utility not being
indicated on the drawings, the alteration, relocation, or proper support and protection must be done
and paid for as follows:
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7.23.6.1 When said utility is found to occupy the space required to be occupied by a part of the
permanent works to be constructed under the Contract, or when said utility is more or less parallel
with the conduit and, in the case of the pipe conduit, found to be within vertical planes of each side
of the pipe a distance away from the pipe equal to ten inches for pipe 96 inches or less in diameter
and equal to twelve inches for pipe greater than 96 inches in diameter or to be within the specified
excavation pay lines (when such are specified or shown on the drawings), the City will arrange for
the relocation or alteration of said utility or require the Contractor to do same as extra work.
However, when said utility is found to cross the excavation laterally, but not to intercept the
permanent works to be constructed, then the Contractor will be required to maintain the utility in
place at its own expense.
7.23.6.2 When said utility is more or less parallel with and any portion of it does not lie within the
vertical planes specified hereinabove (for pipe conduit) or does not lie within the excavation pay
lines (when such are specified or shown on the drawings), the Contractor must advise the City
thereof, and, in cooperation with the City, provide and place the necessary support for proper
protection to insure continuous and safe operation of the utility structure. All costs for such work
must be borne by the Contractor, unless it is ascertained by the City that the utility's franchise is
such as to require the utility to bear such costs, in which case it must be the responsibility of the
Contractor to secure enforcement of said franchise if it so desires.
7.23.7 Responsibility of the Contractor
The Contractor must be held responsible for all costs for the repair of any and all damage to the
Contract work or to any utility (whether previously known or disclosed during the work), as may
be caused by its operations. Utilities not shown on the drawings to be relocated or altered by others
must be maintained in place by the Contractor. Utilities which are relocated by others in order to
avoid interference with structures and which cross the project work must be maintained in their
relocated positions by the Contractor.
At the completion of the Contract work, the Contractor must leave all utilities and appurtenances in
a condition satisfactory to the owners and the City.
7.23.8 Delays Caused by Failure to Relocate Utilities
Where parties other than the Contractor are responsible for the relocation of utilities, in accordance
with the provisions of these Plans and Specifications, and a delay in the Contractor's work is caused
by the failure on the part of said parties to remove or relocate such utilities in time to prevent such
delay. It must be understood that the Contractor must not be entitled, as a result of such delay to its
work, to damages or additional payments over and above the Contract price. If delays in the
Contractor's work are caused by the reason mentioned hereinabove, the Contractor must be entitled
to an extension of time. The length of such extension of time will be determined by the City, with
consideration as to the effect of the delay on the project as a whole.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities which interfere with construction works, the Contractor, upon request to the City, may be
permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted
must be constructed by the Contractor immediately following the relocation of the utility involved.
Should the omitted portion of the work consist of concrete pipe, the Contractor may complete said
portion by constructing a field joint.
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Unless otherwise specified, where sewers, drainage water, gas or any other conduits and related
structures and appurtenances which have been abandoned or which are to be abandoned as a result
of the construction of this project are found to interfere with construction, the interfering portions
must be removed and the remaining exposed portions sealed with either a wall of concrete not less
than six inches thick. All salvable castings or steel parts which interfere with construction must be
removed, and the Contractor must contact the owners and, if required, must deliver such materials
f.o.b. the owner's trucks at the site of the work; otherwise, such material must become the property
of the Contractor and must be disposed of by the contractor away from the site of work.
The cost of all such work must be absorbed in the prices proposal for the various items of work,
unless it is ascertained that the franchise of the former owner is such as to require it to bear such
costs, in which case it must be the responsibility of the Contractor to secure enforcement of said
franchise if it so desires.
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SECTION 8
PROSECUTIONS AND PROGRESS
8.1 SUBCONTRACTS
The Contractor may sublet the Contract work only in accordance with the provisions of these
Specifications and with the consent of the City. The prime Contractor must be held responsible to
see that its subcontractors and material suppliers conform to all the provisions of these
Specifications. If the Contractor, after complying with these conditions, must sublet any portion of
the proposed work to a Subcontractor, the Contractor under the original Contract must remain
directly responsible to the City for all work being performed by it or by any Subcontractor under it,
and all obligations imposed upon the Contractor in the original Contract must be equally binding
upon any Subcontractor under it. The City will deal directly with and make all payment to the
original Contractor. Contractor understands and acknowledges that the Subletting and
Subcontracting Fair Practices Act (as set forth in the California Public Contracts Code) applies to
the Contract and Contractor Agrees to comply with the terms of said Act.
8.2 ASSIGNMENT
The Contractor must not assign the Contract or sublet it as a whole without the written consent of
the City. The Contractor must not assign or permit the assignment of or any lien on any money due
or to become due to it hereunder without the proper consent of the City.
8.3 PROGRESS OF THE WORK
Time is of the essence in this Contract. Unless otherwise provided in the Special Provisions, the
Contractor must begin work not later than 15 calendar days after the date of the Notice to Proceed,
and the contractor must prosecute the work with due diligence so as to complete the work within
the time specified in the Special Provisions or within such extension of time as may be granted.
Should the Contractor begin work in advance of receiving notice that the Contract has been
approved as above provided, any work performed by it in advance of said date of approval must be
considered as having been done by it at its own risk and as a volunteer, unless such Contract is so
approved.
8.4 CHARACTER OF WORKMEN
The Contractor must employ none but skilled foremen and workmen upon work requiring special
qualifications. When required by the Engineer, the contractor must discharge from the work and
must not again employ without the consent of the Engineer any employee who is incompetent,
disorderly, abusive, dangerous, insubordinate, or who in any way attempts to interfere with the
employees of the City in the inspection and supervision of the work.
Any representative of the Contractor who is proven to have deliberately given false information
about the performance of any part of the work must be discharged if so ordered by the City Engineer.
8.5 TEMPORARY SUSPENSION OF WORK
The City Engineer may order the Contractor to suspend work when, in his/her opinion, the
conditions are such as to prevent the work being properly carried out. Such conditions may include:
war, government regulations, labor disputes, strikes, fire, floods, adverse weather or elements,
inability to obtain material, labor or equipment, required extra work, or other specific as may be
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further described in the Specifications. When delay is caused by such order, an extension of time
may be granted when the conditions, in the opinion of the City Engineer, are such as could not have
reasonably been foreseen. It is agreed that under no circumstances must the Contractor be excused
from performance or entitled to any extra compensation or reimbursement because of any such
suspension.
8.6 TIME OF ESSENCE, LIQUIDATED DAMAGES, EXTENSION OF TIME BY
CITY
Time is of the essence, and, in case all the work called for under the Contract in all parts and
requirements is not finished or completed by the date set forth in the Special Provisions, it is agreed
by the parties to the Contract that circumstances and conditions as reflected by records of the City
are such that material damage will be sustained by the City, and that it is and will be impracticable
and extremely difficult to ascertain and determine the actual damage which the City will sustain in
the event of any by reason of such delay. It is, therefore, expressly agreed that the Contractor will
pay to the City the sum stated in Special Provisions per day for each and every calendar days delay
in finishing the work beyond the date prescribed; and the Contractor agrees to pay said liquidated
damages as herein provided. In case the same are not paid, Contractor agrees that the City may
deduct the amount thereof from any monies due or that may become due the Contractor under the
Contract.
It is further agreed that in case the work called for under the Contract is not finished and completed
in all parts and requirements by the date specified, the City must have the right to extend the time
of completion or not, as may be deemed to best serve the interest of the City. If it is decided to
increase said time, said City must further have the right to charge to the Contractor, its heirs, assigns
or sureties and to deduct from the final payment for the work all or any part, as may be deemed
proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses
which are directly chargeable to the Contract and which accrue during the period of such extension,
except that cost of final surveys and preparation of final estimate must not be included in such
charges.
The time of completion will be extended and the Contractor must not be assessed with liquidated
damages during any delay beyond the day named for completion of the work caused by Acts of
God or acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, and freight
embargoes or delay of subcontractors due to such causes, provided the Contractor must notify the
Engineer in writing of such cause or causes of delay within ten (10) days from the beginning of any
such delay and includes in each monthly pay request the number of days of such delay which
occurred in said pay period. Subject to and until entry of a judgment of a court of competent
jurisdiction holding contrary to the decision of the Engineer's ascertainment of the facts of existence
of such a cause of delay, the extent of the delay and of what constitutes a reasonable extension of
time of completion in consequence thereof must be final and conclusive. Failure to give notice of
cause of such time delay and failure of inclusion of the Contractor's request for extension based
thereon in the monthly pay request as hereinabove provided will be deemed a waiver of right to
extension of time for such cause subject only to impossibility of compromise therewith by the
Contractor.
It is agreed that under no circumstances must the Contractor be excused from performance or
entitled to any extra compensation or reimbursement because of any delay occasioned by or in any
way arising out of any Acts of God or acts of the public enemy, fires, floods, epidemics, quarantine
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restrictions, strikes, and freight embargoes or delay of subcontractors due to such causes.
8.7 DEFAULT BY CONTRACTOR
If the Contractor fails to begin delivery of material and equipment, to commence the work within
the time specified, to maintain the rate of delivery of material, to execute the Work in the manner
and at such locations as specified, or fails to maintain the work schedule which will insure the
Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency
may serve written notice upon the Contractor and the Surety on its Performance Bond demanding
satisfactory compliance with the Contract.
The Contract may be canceled by the City without liability for damage, when in the City's
opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or
subcontracted any part of the work without the City's consent. In the event of such cancellation,
the Contractor will be paid the actual amount due based on Contract unit prices or lump sums
proposal and the quantity of the work completed at the time of cancellation, less damages caused
to the City by acts of the Contractor. The Contractor, in having tendered a Proposal, must be
deemed to have waived any and all claims for damages because of cancellation of Contract for
any such reason. If the City declares the Contract canceled for any of the above reasons, written
notice to that effect must be served upon the Surety. The Surety must, within 5 days, assume
control and perform the work as successor to the Contractor.
If the Surety assumes any part of the work, it must take the Contractor's place in all respects for
that part, and must be paid by the City for all work performed by it in accordance with the
Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of
its default must be payable to the Surety as the work progresses, subject to the terms of the
Contract.
If the Surety does not assume control and perform the work within 5 days after receiving notice
of cancellation, or fails to continue to comply, the City may exclude the Surety from the
premises. The Agency may then take possession of all material and equipment and complete the
work by City forces, by letting the unfinished work to another Contractor, or by a combination
of such methods. In any event, the cost of completing the work must be charged against the
Contractor and its Surety and may be deducted from any money due or becoming due from the
Agency. If the sums due under the Contract are insufficient for completion, the Contractor or
Surety must pay to the City within 5 days after the Notice of Completion resolution, all costs in
excess of the sums due.
The provisions of this subsection must be in addition to all other rights and remedies available
to the City under law.
8.8 WORK AT NIGHT – Not Applicable
8.9 MAXIMUM LENGTH OF OPEN TRENCH – Not Applicable
8.10 LIMITED ACCEPTANCE OF WORK
At any time during the progress of the work, the City may, upon written notice to the
Contractor, take over and utilize the whole or part of the work, or appurtenance thereto which
has been completed, giving, if desired, permits to utilize the same. Such use by the City must
constitute a limited acceptance of that part of the work so taken over and utilized which must
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relieve the Contractor and its sureties from responsibility for any damage to, or defect in, that
part of the work not inherent in its construction which may be caused by the use of such part by
the City or by property owners under its permits.
SECTION 9
MEASUREMENT AND PAYMENT
9.1 MEASUREMENT FOR PAYMENT
Measurement and calculations of quantities for payment will be as hereinafter specified for the
particular material to be furnished or class of work to be performed, unless otherwise specified in
the Special Provisions.
It must be understood that the unit prices or lump sum amounts proposal must include full
compensation for furnishing all labor, materials, tools, and equipment and doing all work shown on
the Plans or stipulated in the Specifications for that particular item of work, unless otherwise
specified in the Special Provisions.
When payment is specified to be made on the basis of weight, the weighing must be done on
certified platform scales, and the Contractor must furnish the Engineer with the duplicate Certified
Weighmaster's Certificates showing the actual net weights. When weighing is done on certified
scales at a mixing plant, duplicate weight delivery tickets will be accepted. One ticket must be
furnished to the inspector at the plant and one ticket to the Engineer at the site of work. The City
will accept the certificates as evidence of the weight delivered.
9.2 SCOPE OF PAYMENT
The Contractor must accept the compensation as herein provided, in full payment for furnishing all
materials, labor, tools, and equipment necessary to the completed work and for performing all work
contemplated and embraced under the Contract; also for loss or damage arising from the nature of
the work, or from the action of the elements, except as hereinbefore provided or from any
unforeseen difficulties which may be encountered during the prosecution of the work until the
acceptance by prosecution of the work; also for all expenses incurred in consequence of the
suspension or discontinuance of the work as herein specified; and for completing the work
according to the Plans and Specifications. Neither the payment of any estimate nor of any retained
percentage must relieve the Contractor of any obligation to make good any defective work or
material.
9.3 DEDUCTIONS FROM PAYMENTS
The City may, at its option and at any time, retain out of any amounts due the Contractor sums
sufficient to cover any unpaid claims, provided that sworn statements of said claims must have been
filed with the City.
9.4 SCHEDULE OF VALUES
Prior to the Contractor’s application for the first progress payment, Contractor must submit a
detailed breakdown of its bid by scheduled Work items and/or activities, including coordination
responsibilities and project record document responsibilities. Where more than one subcontractor
comprises the work of a work item or activity, the Schedule of Values must show a separate line
item for each subcontract. Contractor must furnish such breakdown, of the total Contract Sum, by
assigning dollar values (cost estimates) to each applicable Progress Schedule network activity,
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which cumulative sum equals the total Contract Sum. The format and detail of the breakdown
must be as directed by City to facilitate and clarify future progress payments to Contractor for
direct Work under Contract Documents. This breakdown must be referred to as the Schedule of
Values.
Contractor’s overhead, profit, insurance, cost of bonds and/or other financing, as well as “general
conditions costs,” (e.g., site cleanup and maintenance, temporary roads and access, off site access
roads, temporary power and lighting, security and the like), must be prorated through all activities
so that the sum of all the Schedule of Values line items equal Contractor’s total Contract Sum.
City will review the breakdown in conjunction with the Progress Schedule to ensure that the dollar
amounts of this Schedule of Values are, in fact, fair market cost allocations for the Work items
listed. Upon favorable review by City, City will accept this Schedule of Values for use. City must
be the sole judges of fair market cost allocations.
Any attempt to increase the cost of early activities, i.e., “front loading,” will be rejected by City,
resulting in a complete reallocation of monies until such “front loading” is corrected. Repeated
attempts at “front loading” may result in suspension or termination of the Work or refusal to
process progress payments, until such time as the Schedule of Values is acceptable to City.
9.5 PAYMENTS AND MONTHLY ESTIMATES
The City Engineer will, after the award of Contract, establish a monthly payment closure date. This
date will be the date which will terminate each working month during the life of the Contract for
which a monthly payment is payable. The Contractor will, within 5 days after the established
monthly payment closure date of each month during the period in which work is being performed,
make and deliver to the City two signed copies of monthly Contract payment applications stating
the amount or percentage of work completed according to the Contract, as of the closure date
established, estimated on the basis of the unit or lump sum Contract prices. No allowance will be
made for materials and equipment not incorporated into the work. The City will independently
verify the Contractor's monthly payment application and create a monthly progress payment
request. The City's determinations for the amounts or percentages of work completed are final.
Except as otherwise provided in a labor compliance program applicable to the Work or as otherwise
required by Owner, concurrently with each Application for Payment, Contractor shall submit to
Owner Contractor’s and its Subcontractors’ certified payroll records required to be maintained
pursuant to Labor Code Section 1776 for all labor performed during pay periods ending during the
period covered by the Application for Payment
The City will prepare a warrant in an amount sufficient with all previous payments to make the
aggregate 95 percent of the amount earned as certified, provided, however, that the City at any time
after 50 percent of the work has been completed, if it finds that satisfactory progress is being made,
may make any of the remaining partial payments in full, less authorized deductions.
The partial payments made as the work progresses will be payments on account and must in no way
be considered as an acceptance of any part of the work or materials of the Contract, nor must they
in any way govern the final estimate. Extra work will be paid for as specified in Section 4.3.3.
Payments for unit price items will be made upon the basis of the unit prices proposal and the
quantities of work done, calculated as hereinafter specified, for each particular item of work.
However, where several types of work are included in a unit price item, the City will make partial
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payment for the portions of such work as are completed at the time of making the monthly estimates.
All monies due the Contractor under the Contract will be paid on demand by the City, prepared and
approved as required by law, and it is understood that any delay in the preparation, approval and
payment of these demands will not constitute a breach of Contract on the part of the City.
Payments for lump sum items will be based upon the lump sum proposal and the City's estimate as
to the percentage of completion.
9.6 PAYMENT FOR EXTRA WORK
Payment for extra work will be made as provided by Section 4.3.3. Where payment is to be made
on a force account basis, the Contractor and the City's representative must compare records of extra
work performed by the Contractor on a force account basis at the end of each day. Copies of these
records will be made in duplicate by the City's representative and must be signed by both the
inspector and the Contractor's Representative, one copy being forwarded to the Contractor and one
copy to the City. Bills for extra work must be signed by the Contractor and submitted to the City.
Each month the Contractor must include in the monthly payment application an estimate of the
amount or cost of extra work performed as included in approved Contract Change Orders. The
Contractor must submit, at the same time it returns the signed monthly payment application, a
complete itemized statement of claim for all costs of extra work performed. Failure to include such
a statement or claim for extra work for the pay period, or failure to deliver a complete statement for
extra work in excess of that estimated by the City Engineer, must constitute a waiver on the part of
the Contractor to any claim for payment for extra work not therein included.
9.6.1 Method of payment for extra work approved as specified in Section 4 under unit price or
lump sum amounts or at stipulated prices must be the same as that for Contract items as set forth in
this Section.
9.6.2 Payment for extra work by Contractor's force account must be made in the following manner:
Upon verification by the Engineer of the Contractor's statement for force account work, a claim will
be prepared upon the proper claims form for approval of the City Engineer and presentation to the
City Manager or Assistant City Manager, for his approval and direction.
9.7 FINAL PAYMENT
Upon completion of the Contract work, the City Engineer will, upon acceptance of the work by the
City and 35 days after the date of recordation of the Notice of Completion, present the Contractor's
claim for the balance of the total Contract price, less any sums which may lawfully be retained
under the Contract.
Unless qualified by the Contractor under the procedure established in Section 9.5 hereof, the final
progress payment request of the City Engineer must be taken as conclusive evidence of the
amount of work done under the Contract. If the Contractor qualified its acceptance of the final
progress payment and the parties fail to agree prior to the termination of the 35-day period after
recordation of Notice of Completion, the final payment must not be delayed but must be made in
accordance with the City Engineer's determination, subject to further claim of the Contractor and
compliance by City with court order.
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SECTION 10
CLAIMS BY CONTRACTOR
10.1 OBLIGATION TO FILE CLAIMS FOR DISPUTED WORK
10.1.1 Should it appear to Contractor that the Work to be performed or any of the matters
relative to the Contract Documents are not satisfactorily detailed or explained therein, or should
any questions arise as to the meaning or intent of the Contract Documents, or should any dispute
arise regarding the true value of any work performed, work omitted, extra work that the
Contractor may be required to perform, time extensions, payment to the Contractor during
performance of this Contract, performance of the Contract, and/or compliance with Contract
procedures, or should Contractor otherwise seek extra time or compensation FOR ANY
REASON WHATSOEVER, then Contractor shall first follow all other procedures set forth in
the Contract Documents and Standard Specifications. If a dispute remains, then Contractor shall
give written notice to City that expressly invokes this Section 10. City shall decide the issue in
writing within 15 days; and City’s written decision shall be final and conclusive. If Contractor
disagrees with City’s decision, or if Contractor contends that City failed to provide a decision
timely, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to promptly file a written
claim setting forth Contractor’s position as required herein.
10.1.2 Contractor shall present as its claims all Subcontractor, sub-Subcontractor and supplier
claims of any type, and prove them under the terms of the Contract Documents. City shall not
be directly liable to any Subcontractor, any supplier, or any other person or organization, or to
any surety for or employee or agent of any of them, for damages or extra costs of any type arising
out of or resulting from the Project.
10.2 FORM AND CONTENTS OF CLAIM
10.2.1 Contractor’s written claim must be submitted via registered mail or certified mail with
return receipt requested and must identify itself as a “Claim” under this Section 10 and must
include the following: (i) a narrative of pertinent events; (ii) citation to contract provisions; (iii)
theory of entitlement; (iv) complete pricing of all cost impacts; (v) a time impact analysis of all
time delays that shows actual time impact on the critical path; (vi) reasonable documentation
supporting items (i) through (v); and (vii) a verification under penalty of perjury of the claim’s
accuracy. The Claim shall be submitted to City within thirty (30) calendar days of receiving
City’s written decision, or the date Contractor contends such decision was due, shall be priced
like a change order, and must be updated monthly as to cost and entitlement if a continuing claim.
Routine contract materials, for example, correspondence, RFI, change order requests, or payment
requests shall not constitute a Claim. Contractor shall bear all costs incurred in the preparation
and submission of a Claim.
10.2.2 Upon receipt of a Claim, City shall conduct a reasonable review of the Claim. Within 45
days, or such expended period as City and Contractor may agree, City shall provide Contractor
with a written statement identifying what portion of the claim is disputed and what portion is
undisputed.
10.2.3 If City’s governing body must approve City’s response to the Claim and the governing
body has not met within the 45-day (or extended) period, then City shall provide its written
statement within three (3) days of the governing body’s meeting.
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10.2.4 City shall pay the undisputed portions of the Claim within 60 days of the issuance of a
written statement identifying an undisputed portion.
10.2.5 Claims must be submitted on or before the day of final payment. Claims not submitted
before final payment are deemed waived.
10.2.6 Notwithstanding and pending the resolution of any claim or dispute, Contractor shall
diligently prosecute the disputed work to final completion in accordance with City’s
determination.
10.3 INFORMAL CONFERENCE AFTER CLAIM SUBMISSION
10.3.1 If the Contractor disputes City’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. City shall
schedule such a meet and confer conference within 30 days for settlement of the dispute.
10.3.2 Within ten (10) days of the meet and confer conference City shall provide Contractor
with a written statement identifying the portion of the Claim that remains in dispute and the
portion that is undisputed.
10.3.3 City shall pay the undisputed portions of the Claim within 60 days of the issuance of a
written statement identifying an undisputed portion.
10.4 MEDIATION
10.4.1 If the Contractor disputes City’s statement provided under Paragraph 10.3(B) it shall
inform City and the parties shall mutually agree to a mediator within 10 business days of the
written statement. If the parties cannot agree upon a mediator, each party shall select a mediator
and those mediators shall select a qualified neutral third party to mediate with regard to the
disputed portion of the claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator.
10.4.2 Mediation shall be confidential and non-binding. Unless otherwise agreed, by the parties
or as provided in this Paragraph 10.4, the mediation shall be pursuant to the construction
mediation procedures of JAMS and held at the JAMS office closest to the Project site.
10.4.3 The cost of mediation shall be equally shared by all parties to the mediation. The parties
shall, prior to the commencement of mediation upon notice of the other party, exchange relevant,
non-privileged project documents in compliance with Code of Civil Procedure Sections
2031.010, et seq. The parties may agree mutually to engage in additional discovery prior to
mediation. Should the parties proceed with additional discovery, they shall, unless mutually
agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The mediator
will undertake to resolve any discovery disputes relating to the mediation.
10.4.4 For Claims under $375,000, unless the parties agree otherwise in writing, mediation
pursuant to this Paragraph 10.4 shall excuse the mediation obligation under Public Contract Code
Section 20104.4(a).
10.4.5 If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved
as otherwise provided by the Contract and applicable law.
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10.4.6 Following receipt of a Claim, the parties may mutually agree, in writing, to waive the
mediation requirements of this Paragraph 10.4 and proceed to the commencement of a civil
action.
10.4.7 All statutes of limitation shall be tolled from the date of the demand for mediation until
a date two weeks following the mediation’s conclusion.
10.5 OTHER MATTERS
10.5.1 The provisions of this Section 10 constitute a non-judicial claim settlement procedure
that, pursuant to Government Code Section 930.2, shall constitute a condition precedent to
submission of a valid Government Code Claim under the Government Code. Contractor shall
bear all costs incurred in the preparation, submission and administration of a claim. Any claims
presented in accordance with the Government Code must affirmatively indicate Contractor’s
prior compliance with the claims procedure herein and the previous dispositions under
Paragraphs 10.3 and 10.4 above of the claims asserted. No suit may be brought against City
arising out of or in connection with the Project unless and until Contractor presents to City a
statutory Government Code Claim, in accordance with Government Code Sections 910, et seq.
Pursuant to Government Code Section 930.2, the one-year period in Government Code Section
911.2 shall be reduced to 150 days from either accrual of the cause of action, substantial
completion or termination of the contract, whichever occurs first; in all other respects, the
Government Code shall apply unchanged.
10.5.2 Failure to submit and administer claims as required in Section 10 shall waive
Contractor’s right to claim on any specific issues not included in a timely submitted claim.
Claim(s) or issue(s) not raised in a timely protest and timely claim submitted under this Section
10 may not be asserted in any subsequent litigation, Government Code Claim, or legal action.
10.5.3 Contractor shall submit Subcontractor claims in the same manner as other Claims. In the
event a Subcontractor (on behalf of the Subcontractor or a lower-tier subcontractor) requests
Contractor in writing to present a Claim to the City and furnishes reasonable documentation
supporting the Claim, Contractor shall, within 45 days of receipt of the written request, notify
the Subcontractor in writing as to whether the Contractor presented the claim to City and, if the
Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons
for not doing so.
10.5.4 All waivers or modifications of this Section 10 may only be made a writing signed by
City and Contractor, and approved as to form by legal counsel for both; oral or implied
modifications shall be ineffective.
10.5.5 Any failure by City to respond within any time frame contained in Paragraphs 10.2
through 10.5 of this Section shall result in the Claim being deemed rejected in its entirety. No
failure to meet a time requirement shall constitute an adverse finding with regards to the merits
of the Claim or the responsibility or qualifications of the Contractor.
10.6 COMPLIANCE WITH STATUTORY PROCEDURES
10.6.1 The foregoing provisions of Paragraphs 10.2 through 10.5 are intended to comply with
Public Contract Code Section 9204 and, to the extent applicable, Public Contract Code Section
20104, et seq. In the event of any conflict, the applicable Public Contract Code provision will
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apply.
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PART 4 – TECHNICAL SPECIFICATIONS
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-1
TECHNICAL SPECIFICATIONS
for
23-24 PREVENTATIVE MAINTENANCE PROJECT
RP# 2023-01
FEBRUARY 2024
Prepared By:
____________________________________ ____________________
Heidi E. Utterback, RCE 53723 Date
Exp. 06/30/25
1400 Neotomas Avenue
Santa Rosa, CA 95405
(707) 571-8005
02/05/24
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-2
SECTION 12
TECHNICAL SPECIFICATIONS
12-1 GENERAL
12-1.01 DESCRIPTION OF WORK
A.The work includes pavement rehabilitation on various streets in Rohnert Park, California.
The work in general consists of crack sealing, slurry seal, traffic striping and pavement
markings, and such other items of work as are required to complete the project.
B.The estimate of the quantities of work to be done is approximate only, being as a basis for
the comparison of bids, and the City does not expressly or by implication agree that the
actual amount of work will correspond therewith, but reserves the right to increase or
decrease the amount or any portion of the work as directed by the City.
C.The work shall also include weekly construction progress meetings and schedule updates
with City representatives, all submittals, public notifications, traffic controls, permits, site
restorations and cleanup as may be required. Contractor shall furnish all labor, materials,
equipment, and incidentals as necessary to complete the work in accordance with these
Project Specifications, the General Specifications, Standard Specifications, Special
Provisions, and all drawings and details as included with these contract documents
D.All work is located within the City’s right of way, except within the railroad right of at
Southwest Blvd (just east of Seed Farm Dr.) that is owned and operated by SMART.
The Contractor is required to obtain an encroachment permit from SMART prior to any
work within their right of way. Contractor shall contact Nina Diamzon (Real Estate
Officer, 707-794-3071) for the encroachment permit application and information. A
sample copy of the SMART encroachment permit application is included in Appendix A
of these Special Provisions.
12-1.02 CONSTRUCTION LIMITATIONS
A. The Contractor is expected to conduct his operations in a manner which creates a minimum
amount of damage to the natural vegetation and landscape. Ingress and egress to work areas
shall be via existing public roads or easements. Care shall be exercised to avoid hazards
that may cause injury to persons, animals, or property either during working hours or after
working hours, which includes dust control and temporary fencing as required.
B. All public and private roads and driveways used during construction shall be restored to
their pre-project condition or better. If necessary, the Contractor shall provide and place
new surfacing.
C. Contractor shall provide receptacles for construction residue including oil, cleaning fluids,
and litter. Such residues shall be disposed of in a proper manner.
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Rohnert Park City Proj. No. 2023-01 Page 4-3
D. All construction activity, except for emergency situations, shall be confined to weekday
daylight hours to minimize nuisance to local residences. Mufflers and/or baffles will be
required on all construction equipment.
E. Wherever in these Technical Specifications reference is made to “Standard Specifications,”
it is referencing the 2022 State of California Department of Transportation (Caltrans)
Standard Specifications.
12-1.03 HOURS OF WORK
A. The Contractor shall restrict their hours of work to 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding Legal Holidays. Deviations from these hours may be requested and
approved in writing by the City Engineer.
B. The Contractor shall indicate the need for non-normal work hours in the various schedules
submitted during the progress of the Project. All requests for non-normal work hours shall
be subject to the prior written approval of the City Engineer. Work outside of regular
working hours without prior written approval of the City Engineer is prohibited.
C. All costs of overtime inspection may be charged to the Contractor. Overtime inspection
shall include inspection required during Saturdays, Sundays, and Legal Holidays. Such
costs shall include but shall not necessarily be limited to inspection, general supervision,
and other overhead expenses, which are directly chargeable to the overtime work. All such
charges shall be deducted by the City from payments due the Contractor.
D. Overtime work shall not entitle the Contractor to any compensation for any contract item
in addition to that stipulated in the contract for the kind of work performed. In case of extra
work ordered by the City, no additional payment shall be made to the Contractor because
of the payment by him of overtime wage rates for such work, unless the use of overtime
work in connection with such extra work is specifically ordered in writing by the City, and
then only to such extent as extra payment is regularly being made by the Contractor to his
personnel for overtime work of a similar nature in the same locality.
12-1.04 ACCESS
A. The Contractor is directed to Chapter 6D, Pedestrian and Worker Safety, in the California
Manual on Uniform Traffic Control Devices (CAMUTCD), the improvement plans, and
these Technical Specifications.
Pedestrians shall be provided with a safe, convenient, and accessible path that, at a
minimum, replicates the most desirable characteristics of the existing sidewalk, path, or
footpath.
Pedestrian access to bus facilities shall be provided with a safe, convenient, and accessible
path.
The Contractor shall construct and maintain temporary pedestrian pathways through the
work zone, where required, that shall be in compliance with the requirements of the
Americans with Disabilities Act (ADA) and the CAMUTCD.
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Rohnert Park City Proj. No. 2023-01 Page 4-4
Pedestrian routes shall not be impacted for the purposes of any non-construction activities
such as parking of vehicles or equipment, or stock piling of materials.
Pedestrians shall not be led into conflicts with work site vehicles, equipment, or operations.
12-1.05 PUBLIC CONVENIENCE, SAFETY AND HEALTH
A. Prior to commencing work, the Contractor shall file with the City a list of personnel which
may be called at any time in case of an emergency. Such list shall include the names,
addresses, and phone numbers of the job superintendent, foremen, subcontractors, and their
foremen. The Contractor shall amend or supplement said list as necessary.
B. The Contractor shall conduct his operations as to offer the least possible obstruction and
inconvenience to the public and he shall have under construction no greater length or
amount of work than he can prosecute properly with due regard to the rights of the public.
Unless otherwise provided in these specifications, all public traffic shall be permitted to
pass through the work with as little inconvenience and delay as possible.
C. The Contractor shall notify all emergency service providers in writing at least (48) hours in
advance of any proposed construction activity that will involve roadway closures.
D. The Contractor’s vehicles and equipment shall be equipped with appropriate exhaust and/or
spark-arresting devices. Additionally, all vehicles and equipment used for construction
shall be maintained in good mechanical condition with engine mufflers installed and
operating properly.
E. Spillage resulting from hauling operations along or across any public traveled way shall be
removed immediately at the Contractor’s expense.
F. Construction operations shall be conducted in such a manner as to cause as little
inconvenience as possible to abutting property owners. Safe, adequate, continuous, and
unobstructed pedestrian and vehicular access shall be maintained to residences, commercial
establishments, bus stops, parking lots, etc. unless other arrangements satisfactory to the
owners have been made. Vehicular access to residential driveways shall be maintained
except when necessary construction precludes such access for reasonable periods of time.
G. Whenever the Contractor's operations create a condition hazardous to traffic or to the
public, he shall furnish at his expense such flagmen and guards as are necessary to give
adequate warning to the public of any dangerous conditions to be encountered and he shall
erect and maintain signs and furnish, erect, and maintain such fences, barricades, lights, and
other devices as are necessary to prevent accidents and avoid damage or injury to the public.
Signs, lights, flags, and other warning and safety devices shall conform to the requirements
set forth in the current CAMUTCD.
H. No material or equipment shall be stored where it will interfere with the free and safe
passage of public traffic. At the end of each day's work and at other times when construction
operations are suspended for any reason, the Contractor shall remove all equipment,
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-5
materials, and other obstructions from that portion of the roadway open for use by public
traffic.
I. Full compensation for conforming to all of the provisions of this Section shall be considered
as included in the prices paid for the various contract items of work and no additional
compensation will be allowed.
12-1.06 PROTECTION OF EXISTING FACILITIES AND PROPERTY
A. There are a number of existing utilities in the area of work. Underground gas,
telecommunications, electric, drain, sewer, irrigation, and water facilities are present in
close proximity to the project site. The Contractor shall be responsible for establishing
control to accurately locate all existing valve boxes, sanitary sewer manholes, sewer
cleanouts, storm drain manholes, City monuments, and all other appurtenances within the
project areas. Prior to beginning any excavation, the Contractor shall call 811 -
Underground Service Alert (USA North) at least two (2) working days in advance, to
arrange for utility location.
Where potential conflict with existing underground utilities may constitute a safety hazard
or interfere with the progress of work, such facilities shall be hand-excavated to determine
their precise location. Contractor shall be liable for damages to all utilities whether so
located and marked or not.
It is not the intent of the Plans to show the exact location or extent of existing underground
utilities or structures, and the Engineer assumes no responsibility therefore.
It is the Contractor’s responsibility to verify all existing utility locations and notify the
Engineer in case of conflict. Any delays claimed by the Contractor as a direct result of the
utility facilities not being rearranged as provided will not be recognized nor will any delays
be considered right-of-way delays within the meaning of Section 8-1.07, “Delays,” of the
Standard Specifications, except that any such delays will entitle the Contractor to an
extension of time as provided in Section 8-1.10, “Liquidated Damages,” of the Standard
Specifications. The Contractor shall immediately notify the Engineer of such delays.
The Contractor will be required to work around public and private utility facilities and other
improvements that are to remain in place within the construction area and he will be held
liable to the owners of such facilities or interference with service resulting from his
operations.
B. Existing facilities shall not be intentionally disturbed and shall be supported and protected
against injury and maintained in good operating conditions at the expense of the Contractor
for the entire duration of the Contract. All facilities shall be repaired prior to application of
the finish paved surface.
C. Due care shall be exercised to avoid injury to existing improvements or facilities, adjacent
property and roadside trees and shrubbery. The Contractor shall exercise care that tree roots
are not cut carelessly or unnecessarily and that all cuts are cleanly made and coated with an
approved preservative. The Contractor shall conform to the provisions of Section 5-1.36,
“Property and Facility Preservation,” of the Standard Specifications.
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Rohnert Park City Proj. No. 2023-01 Page 4-6
D. Trees and shrubbery, fences, signs, survey markers and monuments, buildings and
structures, conduits, pipe lines under or above ground, and any other improvements or
facilities adjacent to the work shall be protected from injury or damage. The Contractor
shall provide and install suitable safeguards to protect such objects from injury or damage.
If such objects are injured or damaged by reason of the Contractor’s operations, they shall
be replaced or restored to a condition as good as when the Contractor entered upon the work
and as described further herein. The cost of such replacement or restoration shall be borne
by the Contractor under the contract.
E. Trees shall not be removed unless so designated on the Drawings or as directed by the City
Engineer or Arborist. Any damage to limbs, trunks, or roots shall be repaired by a licensed
tree service contractor. Damaged trees that cannot be adequately repaired shall be replaced
at Contractor’s expense.
F. The Contractor shall preserve and protect City survey monuments and benchmarks per State
of California Business and Professions Code Section 8771.
G. Signs, fences, and other improvements within the construction area shall be moved to
temporary locations satisfactory to the responsible agency and replaced at the original
location following the completion of construction.
H. The Contractor shall cooperate with the various parties involved in the delivery of mail, the
bussing of children to and from school, transit services, and the collection and removal of
trash and garbage to maintain existing schedules for these services.
I. Payment for such relocation and access shall be considered as included in the prices paid
for the various contract items and no additional payment shall be made. All costs to the
Contractor for protecting, removing, modifying, relocating, and restoring existing
improvements shall be considered as included in the contract prices paid for the various
items of work, and no additional payment shall be made.
12-1.07 PUBLIC & EMERGENCY SERVICES NOTIFICATION
A. The Contractor shall cooperate with, and advise as to the current schedule, the Rohnert Park
Department of Public Safety (707-584-2600), and local ambulance services, forty-eight
(48) hours in advance of the start of work on any street.
B. No separate measurement or payment will be made for Public & Emergency Services
Notifications. Full compensation for conforming to all of the provisions of this Section
shall be considered as included in the contract price paid for Traffic Control System and no
additional compensation will be allowed.
12-1.08 QUALITY CONTROL
A. Site Investigation and Control: The Contractor shall verify all dimensions in the field and
shall check all field conditions continuously during construction. The Contractor shall be
solely responsible for any inaccuracies built into the work.
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Rohnert Park City Proj. No. 2023-01 Page 4-7
B. Submittals:
Submittals shall be submitted by the Contractor for review and approval by the City prior
to delivery to the job site.
C. Inspection Of The Work:
1. The work shall be subject to inspection by representatives of the City to assure strict
compliance with the requirements of the Contract Documents.
2. The authorized representative of the Engineer on the project site shall be the Project
Engineer acting directly and through various inspectors at the site. The presence of the
Inspectors, however, shall not relieve the Contractor of the responsibility for the proper
execution of the Work in accordance with all requirements of the Contract Documents.
Compliance is distinctly a duty of the Contractor, and said duty shall not be avoided by
any act or omission on the part of the inspector(s).
3. All materials and articles furnished by the Contractor shall be subject to rigid inspection
and no material or articles shall be used in the Work until it has been inspected and
accepted by the Engineer or the City.
4. Testing and employment of a testing agency or laboratory shall not relieve the
Contractor of the obligation to perform Work in accordance with requirement of
Contract Documents.
5. Re-testing or re-inspection required because of non-conformance to specified
requirements shall be performed by same independent firm on instructions by the
Engineer. Payment for re-testing or re-inspection will be charged to the Contractor by
deducting testing charges from the Contract Sum/Price.
D. Defective Materials To Be Removed: All materials not conforming to the requirements of
these Specifications shall be considered as defective; and all such materials, whether in
place or not, shall be rejected and shall be removed immediately from the site of work at
the Contractor’s expense.
E. Quality Control Plan: The contractor shall develop and submit a quality control procedure
for the project. Approval of the quality control plan by the Engineer does not relieve the
contractor of responsibility for quality control or work methods.
F. Payment: Full compensation for conforming to all of the provisions of this Section shall be
considered as included in the prices paid for the various contract items of work and no
additional compensation will be allowed.
12-1.09 STORM WATER POLLUTION PREVENTION
A. Attention is directed to the provisions in Section 13, “Water Pollution Control,” of the
Standard Specifications and these Technical Specifications.
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Rohnert Park City Proj. No. 2023-01 Page 4-8
B. The Contractor shall exercise every reasonable precaution to protect streams, lakes,
reservoirs, bays, and coastal waters from pollution with fuels, oils, bitumens, calcium
chloride and other harmful materials and shall conduct and schedule his operations so as to
avoid or minimize muddying and silting of said streams, lakes, reservoirs, bays and coastal
waters. Care shall be exercised to preserve roadside vegetation beyond the limits of
construction.
C. Water pollution control work is intended to provide prevention, control, and abatement of
water pollution to streams, waterways, and other bodies of water, and shall consist of
constructing those facilities which may be shown on the plans, specified herein or in the
special provisions, or directed by the Engineer.
D. Before starting any work on the project, the Contractor shall submit, for acceptance by the
Engineer, a program to control water pollution effectively during construction of the
project. Such program shall show the schedule for the erosion control work included in the
contract and for all water pollution control measures which the Contractor proposes to take
in connection with construction of the project to minimize the effects of his operation upon
adjacent streams and other bodies of water. The Contractor shall not perform any clearing
and grubbing or earthwork on the project, other than that specifically authorized in writing
by the Engineer, until such program has been accepted.
E. The City Engineer will notify the Contractor of the acceptance or rejection of any submitted
or revised water pollution control program not more than 5 working days.
F. No separate measurement or payment shall be made for storm water pollution prevention.
Full compensation for conforming to the requirements of this section shall be considered as
included in the contract prices paid for the various contract items of work and no additional
compensation will be allowed.
12-1.10 TEMPORARY EROSION CONTROL
A. Temporary erosion control shall consist of, but not be limited to, constructing such facilities
and taking such measures as are necessary to prevent, control and abate water, mud, and
erosion damage to public and private property as a result of the construction of this project.
B. Conformance with the requirements of this section shall in no way relieve the Contractor
from his responsibilities, as provided in Section 13-6, “Temporary Sediment Control,”
Section 5-1.36, “Property and Facility Preservation,” and Section 5-1.39, “Damage Repair
and Restoration,” of the Standard Specifications.
C. Temporary erosion control features as are necessary to prevent damage during the winter
season shall be constructed and functioning. The Contractor shall construct such
supplementary temporary erosion control facilities as are necessary to protect adjacent
private and public property.
D. Temporary erosion control measures shall conform to the current edition of Association of
Bay Area Governments Manual of Standards for Erosion and Sediment Control Measures
and includes, but not limited to the following:
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Rohnert Park City Proj. No. 2023-01 Page 4-9
1. The Contractor shall conduct his operations in such a manner that storm runoff will be
contained within the project or channeled into the storm drain system which serves the
runoff area. Storm runoff from one area shall not be allowed to divert to another runoff
area.
2. The roadway shall be kept swept, and spoils from grinding, sawcutting, trenching, etc.
and silt, shall be removed daily or as often as needed to prevent spoils and silt from
entering the storm drain system and roadside ditches.
E. No separate measurement or payment shall be made for temporary erosion control. Full
compensation for conforming to the requirements of this section shall be considered as
included in the contract prices paid for the various contract items of work and no additional
compensation will be allowed.
12-1.11 OWNER NOTIFICATION
A. The Contractor shall notify all property owners and businesses affected by the project’s
work at least 72 hours before work is to begin. The notice shall be in writing, placed on
doors and shall indicate the Contractor’s name and phone number, type of work, days(s)
and time when work will occur, and, if service disruption is anticipated, to avoid water
usage during the specified time that their sewer lateral may be out of service.
B. On the day prior to the beginning of work being conducted, the Contractor will provide
personal contact and attempted written notice to affected property owners, notifying them
of the duration of time that they should avoid water usage while their sewer lateral is out of
service.
C. The Contractor will provide personal contact with any home or business that cannot be
reconnected within the time stated in the written notice.
12-1.12 CONSTRUCTION AREA SIGNS
A. Attention is directed to Sections 7-1.03, “Public Convenience,” 7-1.04, “Public Safety,”
and Section 12, “Temporary Traffic Control,” of the Standard Specifications, insofar as
they may apply, and the following special provisions.
B. All traffic control devices are hereby revised to provide that all signs and other warning
devices (including construction and warning signs placed beyond the limits of work), shall
be provided by the Contractor, and shall remain his property after the completion of the
contract. The applicable sections of Section 7-1.03, “Public Convenience,” regarding
flagging costs are further revised to provide that all flaggers shall be provided by the
Contractor at his expense. Flaggers shall be properly equipped and trained in accordance
with “Instructions to Flaggers” published by the Department of Transportation.
C. The Contractor shall refer to the current CAMUTCD, and the “Uniform Signs Chart,”
issued by the California Department of Transportation, and shall furnish, erect, maintain
and remove all necessary signs and devices during the length of this contract.
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Rohnert Park City Proj. No. 2023-01 Page 4-10
D. Full compensation for furnishing all labor, materials, equipment, and or incidentals, and for
doing all work involved including, but not limited to, erecting, maintaining, and removing
construction area signs shall be considered as included in the contract lump sum price for
“Traffic Control System.”
12-1.13 TRAFFIC CONTROL SYSTEM
A. The Contractor shall prepare and submit a Traffic Control Plan per Section 12 of the City
Construction Specifications to the Engineer for review and approval at least two (2)
calendar weeks prior to planned beginning of the lane closures. The Traffic Control Plan
shall depict the details of all proposed lane closures and show how pedestrian traffic will be
handled through the construction site.
B. For each lane closure, the Contractor shall submit a detailed drawing showing placement of
delineators, barricades, construction signing, flagmen, etc. and shall indicate the reasons for
each closure and the duration of each closure.
C. Access for emergency vehicles shall be allowed whenever necessary.
D. The Contractor shall make arrangements to keep the work area free of parked vehicles and
shall cooperate fully with local authorities in maintaining traffic flows through the area.
The Contractor shall notify the Rohnert Park Department of Public Safety directly for any
vehicles that remain within the limits of that day’s operation for removal of vehicle.
Seventy-two (72) hours prior to construction, the Contractor shall place barricades signed
“NO PARKING –TOW AWAY – Specific Time and Date(s)” at 50- to 60-foot intervals in
the work area. “NO PARKING” signs must also state “C.V.C. 22651 (L).” See example
below:
“NO PARKING – TOW AWAY” signs shall be submitted for approval by the Engineer
prior to their use. The Contractor shall notify the Engineer and the Police Department
TOW AWAY
NO
PARKING
THERE SHALL BE NO PARKING ON
THIS STREET BETWEEN THE HOURS
OF _________ AND _________ ON
________________
VEHICLES FOUND IN VIOLATION
WILL BE TOWED.
C.V.C. 22651(L)
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Rohnert Park City Proj. No. 2023-01 Page 4-11
immediately after the “NO PARKING” signs are in place. “NO PARKING” signs and
barricades shall be supplied by the Contractor.
Failure to comply with this section will prevent the City from towing vehicles parked in the
proposed work area. Work will not proceed if vehicles are parked in the proposed work
area.
E. Lane closures for paving operations. Lane closures may be required; closures shall be
subject to the following conditions:
1. The Contractor shall submit a Traffic Control Plan and adhere to the Traffic Control
Plan as approved by the Engineer.
2. One lane direction for vehicular traffic shall be provided at all times. Unless
otherwise specified by the City Engineer, the full width of traveled way shall be
open for use by the public at all times including designated legal holidays and when
construction operations are not actively in progress except between 9:00 PM and
5:00 AM Sunday evening-Monday morning, Monday evening-Tuesday morning,
Tuesday evening-Wednesday morning, Wednesday evening-Thursday morning and
Thursday evening-Friday morning. The City Engineer may specify certain
conditions on specific aspects of the Traffic Control Plan which may alter the hours
of closure from those identified above. When not in use, all components of the
traffic control system shall be removed from the traveled way and shoulder. Where
traffic is shifted and vehicles are diverted to the opposing direction of the roadway,
48” delineators will be required to direct and separate lanes of traffic.
3. If a closure is not reopened to public traffic by the specified time, work shall be
suspended in conformance with the provisions in Section 8-1.06, “Suspensions,” of
the Standard Specifications. The Contractor shall not make any further closures
until the Engineer has accepted a work plan submitted by the Contractor that will
ensure that future closures will be reopened to public traffic at the specified time.
The Engineer will have 2 working days to accept or reject the Contractor’s proposed
work plan. The Contractor will not be entitled to any compensation for the
suspension of work resulting from the late reopening of closures.
F. Payment: The contract lump sum price paid for Traffic Control System will include full
compensation for furnishing all labor (including flagging costs), materials (including
Construction Area signs), Traffic Control Plan, tools, equipment and incidentals, and for
doing all the work involved, including but not limited to, compliance with Regional Traffic
Management Plan, removing, storing, maintaining, and moving to new locations, replacing,
and disposing of the components of the traffic control system, and removal of on-street
parking shall be considered as included in the lump sum price for Traffic Control System
as shown on the Plans, as specified in these Technical Specifications and as directed by the
Engineer and no additional compensation will be allowed.
12-1.14 CONSTRUCTION STAKING
A. Attention is directed to Part 3: (City) Standard Specifications Section 5.8 for information
on Construction Staking.
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Rohnert Park City Proj. No. 2023-01 Page 4-12
12-1.15 TESTS AND INSPECTION
A.Attention is directed to Part 3: (City) Standard Specifications Sections 5 and 6 for
information on materials testing and inspections.
13-1.16 PROJECT IDENTIFICATION SIGN
A.The Contractor shall supply two 4'x8' signs to be displayed at the project site as approved by
the Engineer in wording to be provided by the City. The sign will be constructed in
accordance with City STD 742. Sign shall indicate funding source.
B.The Contractor shall provide a submittal for the Project Identification Sign to the Engineer
for review and approval at least fifteen (15) working days prior to the planned beginning of
the work. The Project Identification Sign shall depict the details as provided in the samples
in City STD 742 and wording as provided by the City.
C.Payment: The contract unit price for Project Identification Sign shall include full
compensation for furnishing all labor, materials, equipment, and or incidentals, and for
doing all work involved including, but not limited to, erecting, maintaining, and removing
project sign shall be considered as included in the contract unit price and no additional
compensation will be allowed.
14-1.17 MOBILIZATION AND DEMOBILIZATION
A.Description: Mobilization shall conform to the provisions in Section 9-1.16D,
“Mobilization,” of the Standard Specifications and these Technical Specifications.
Mobilization shall include the obtaining of all permits, moving onto the site of all
equipment, and other construction facilities as required for the proper performance and
completion of the work. Contractors working within the City of Rohnert Park are required
to possess a valid City of Rohnert Park Business License throughout the course of the work.
Business licenses can be obtained at the Finance Annex located at 6800 Hunter Drive,
Rohnert Park, CA 94928, at a cost of $250.00.
Mobilization shall include but not be limited to the following principal items:
1.Signed Contract by the City and the Contractor.
2.Completion of all tasks and submittal of all documents (bonds, insurance, schedule,
etc.) required as conditions of issuing the Notice to Proceed.
3.Moving onto the site of all Contractor’s equipment required for operations.
4.Installing temporary construction water supply, power, wiring and lighting facilities,
as required.
5.Providing field office trailers if needed by the Contractor.
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6. Providing all on-site communication facilities, including telephones and radio pagers.
7.Obtaining all required permits and business license.
8. Having all OSHA required notices and establishment of safety programs.
9. Attendance at Pre-Construction Conference of Contractor’s principal construction
personnel.
10. Physical verification (potholing) of existing utilities.
11. Installation of storm water pollution prevention and temporary erosion control
measures.
12. Beginning work on the project or at the subject site as applicable.
13. Demobilization shall include removal of all equipment, contractor facilities and
materials from the project site within five (5) working days from completion and
acceptance of the work.
B.Payment: Mobilization and Demobilization will be paid for at the contract lump sum
price, which price shall include full compensation for furnishing all labor, materials, tools
and equipment, obtaining business licenses, and doing all work involved in mobilization
and demobilization, as specified herein, and no additional allowance will be made therefore.
City maximum allowed lump sum price is six (6) percent of the total bid price.
No payment for mobilization or any part thereof will be approved for payment under the
contract until all applicable mobilization items listed above have been completed.
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12-2 EXISTING FACILITIES
12-2.01 EXISTING FACILITIES
A. The work performed in connection with various existing highway facilities shall conform
to the provisions in Section 15, “Existing Facilities,” of the Standard Specifications and
these Technical Specifications.
12-2.02 REMOVAL OF MISCELLANEOUS ITEMS
A. Various items shown on the Plans to be removed will be completely removed and disposed
of.
12-2.03 MEASUREMENT AND PAYMENT
A.Removal or Removal and Replacement of Miscellaneous Items: No separate
measurement or payment shall be made for the various items to be removed or removed
and replaced unless specified and listed in the Bid Schedule. Full compensation for
conforming to the requirements of this section shall be considered as included in the
contract prices paid for the various contract items of work and no additional compensation
will be allowed.
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12-3 STREET SWEEPING / PAVEMENT PREPARATION
12-3.01 DESCRIPTION
A. Pavement surfaces shall be clean and dry prior to slurry sealing.
B. Cleaning shall be performed by sweeping to remove all loose particles of paving, all dirt,
and all other extraneous material.
C. All traffic stripes, pavement markers and pavement markings shall be removed unless
otherwise directed by the Engineer. Traffic stripes and pavement markings shall be
removed by sandblasting or grinding and shall not materially damage the existing
pavement. Where grinding is used, grinding of the pavement surface shall be limited to a
maximum depth of 1/16".
D. Residue from the removal of traffic stripes, pavement markings, and pavement markers
shall be swept or vacuumed from the street surface and disposed of immediately after
removal. Residue shall not be allowed to enter the storm drain system or creeks and
roadside ditches. Disposal shall be performed in accordance with Section 7.15 of Part 3 of
the City Standard Specifications.
E. Street sweeping shall be performed at 3 working days, 14 workings days, 28 working days,
and 45 working days after slurry sealing.
12-3.02 PAYMENT
A. Full compensation for Street Sweeping/Pavement Preparation, except for removal of
existing striping and pavement markings, will be considered as included in the prices paid
for various contract items of work and no additional allowance will be made therefore.
B. Payment for Removal of Existing Striping and Pavement Markings shall be per lump
sum and shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals and for doing all the work involved in removal of existing
striping and pavement markings, disposal of material, as shown on the plans, as specified
in the Standard Specifications and these special provisions, and as directed by the Engineer.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-16
12-4 CRACK SEALING
12-4.01 CRACK SEALING
Crack sealing shall consist of preparing and sealing pavement cracks on roadway, with a hot applied
crack sealant to prolong the life of existing pavements by preventing moisture from penetrating the
roadway structure, and by preventing the spalling of material from the edges of the cracks. A
roadway will include all travel lanes, shoulders, and intersections. Crack sealing shall be required
to clean, prepare, and seal all cracks between 1/8 inch and one inch in width in asphalt concrete
pavement and as directed by the Engineer.
12-4.02 MATERIALS
Attention is directed to the provisions in Section 37, “Seal Coats,” Section 92, “Asphalt Binders,”
and Section 94, “Asphaltic Emulsions,” of the Standard Specifications. Crack sealant shall be a
commercial rubberized material of paving asphalt and ground rubber or ground rubber and
polymer. The gradation of the ground rubber shall be such that 100 percent will pass a No. 8 sieve.
Asphalt crack sealant shall be Type 3 in accordance with Section 37-6.02B of the Standard
Specifications.
Modified asphalt sealant material shall be furnished premixed in containers with an inside liner of
polyethylene. Packaged material shall not exceed 66 pounds in weight and shall be capable of
being melted and applied to cracks at temperatures below 400°F and shall readily penetrate cracks
1/4 inch wide or wider.
12-4.03 PREPARATION
Prior to crack cleaning, the contractor shall inspect the roadway. All cracks within the entire width
of the pavement surface, which are greater than 1/8 inch in width and showing signs of raveling or
spalling shall be cleaned. All cracks 1/4 inch to 1 inch shall be cleaned. Do not clean cracks greater
than 1 inch, and do not seal spalls or cavities greater than 4 inches, unless otherwise directed. Seven
days prior to crack cleaning, apply a non-persistent herbicide (industrial Round Up, or equivalent).
The non-persistent herbicide shall include an integral dye to identify areas of application.
Before applying the hot sealant, clean cracks by an approved method or methods to remove dust,
dirt, moisture, vegetation, debris, loose sealant, and other foreign material. Cracks shall be cleaned
to a minimum of two times the width of the crack or one inch, whichever is greater. Old sealant
which protrudes above the asphalt concrete surfacing shall be completely removed. Keep these
areas clean and dry until all sealing operations are completed. Use a propane lance unit capable of
producing a blast of hot air that operates at 97 psi, 2.5 cubic feet per second, 900°F and a gas
velocity of 2000 feet per second. Take care to not burn or overheat pavement with hot air lance.
The temperature of the hot-air lance shall be kept below 930°F and the tip 2 to 4 inches from the
crack.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-17
12-4.04 SEALING
Crack sealant shall be applied only after the cracks and adjacent asphalt concrete surfacing have
been cleaned and dried. Crack sealant material shall be spread with a nozzle or device approved
for use by the Engineer and is placed within the specified temperature range. The sealing operation
shall follow directly behind the cleaning operation. In no instance shall the crack sealing operation
be separated from the cleaning operation by more than 250 feet.
All cracks within the entire width of the pavement surface, which are greater than 1/8 inch shall be
sealed as follows:
1. All cracks within the entire width of the pavement surface, which are greater than 1/8 inch
and less than 1/4 inch, shall be sealed only if they show signs of raveling or spalling.
2. All cracks greater than 1/4 inch and less than 1 inch shall be sealed.
3. Do not seal cracks greater than 1 inch (25 mm), and do not seal spalls or cavities greater
than 4 inches (100 mm), unless otherwise directed.
4. When directed, cracks that are one inch wide or wider shall be filled with sealant flush with
the existing asphalt concrete surfacing. While the sealant is still hot, these cracks shall be
covered with crushed aggregate conforming to the provisions for Type II slurry seal in
Section 37-3.02 of the Standard Specifications and compacted with a wetted steel wheel
roller or vibrating plate compactor large enough to compact the sealant to the cross section
shown on the plans. Light brooming shall be performed to remove loose excessive sand
prior to opening a lane to public traffic that is not controlled by a pilot car.
5. Sealant application shall be to 1 inch depth.
6. Where cracks are over 1/2 inch and over 3 inches in depth the crack shall be filled with sand
prior to sealing. Fill the crack to 1 inch below the adjacent pavement surface and tamp
lightly with a steel rod to reduce any voids in the sand.
7. Except where cracks show signs of raveling or spalling, crack sealing shall be filled flush
with no overbanding. All sealant left on the surface shall be squeegeed.
8. Where cracks have been filled with sand the finish surface of the sealant shall be slightly
recessed from the adjacent pavement surface.
Where cracks show signs of raveling or spalling, overband the crack 1/2 inch on each side of the
crack. Squeegee flush with surface.
Heat the sealant in a kettle or melter constructed as a double boiler, with the space between the
inner and outer shells filled with oil or other heat-transfer fluid. Use a kettle or melter with separate
thermometers for the oil bath and mixing vat. Equip the kettle with a full sweep type agitator.
Also, equip the kettle with a 2-inch (50 mm) minimum recirculating pump to provide circulation
of the materials when not applying the crack sealant. Do not apply direct heat to the sealant.
Follow manufacturer’s recommendations for sealant application temperatures. Hotpour crack
sealant shall be heated to the temperature specified by the manufacturer. [Hot rubberized asphalt
is generally applied at 370°F to 390°F.] Overheating will not be permitted. The sealant shall be
circulated in the hose when the installation train is idle.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-18
Use a mechanical applicator wand capable of continuously feeding the sealant through nozzles
capable of placing the crack sealant. A positive sealant flow shutoff mechanism is required.
Sealant shall be even and consistent. Sealant shall not be reheated more than the allowable number
of times nor greater than the recommended period of time as recommended by the manufacturer.
Sealant shall flow evenly with no surging. The vat is to be kept part full at all times.
Cracks shall be filled from the bottom up. There shall be no bubbles due to moisture present in the
crack. Crack sealant shall be applied so that the crack is flush filled immediately following
application. Fill the entire crack reservoir with the sealant from the bottom up to approximately
1/16 inch above the pavement surface.
Excess crack sealant shall be removed from the pavement surface immediately following
application. Removal shall involve the use of a squeegee, starting from the centerline and
proceeding to the shoulder. Immediately scrape the filled cracks with a V-shaped or U-shaped
squeegee, or similar hand tool, to smooth the overfill. Squeegee shall be the correct shape and shall
not be worn. Squeegee shall be kept clean and free of carbon or filler build up. Squeegee shall be
operated at the correct distance from the crack and be centered on the crack.
Reapply sealant to any areas that are underfilled. Application shall have an even and uniform
appearance flush with the pavement surface.
Traffic shall be kept off sealed cracks until the crack sealant will not track under the action of
traffic. The contractor shall be required to use a detackifier on crack sealant to allow roadways to
open and minimize the duration of closure. Within 2 days after application of sealant, sealed cracks
that reopen or in which the sealant material sags below the surrounding asphalt concrete surfacing
and shoulders shall be resealed.
Crack sealant shall be allowed to cure for a minimum of five (5) calendar days or in accordance
with the manufacturer’s recommendations.
Fuel, asphalt, and any other spills shall be cleaned up to the satisfaction of the Engineer at the
Contractor’s expense.
12-4.05 MEASUREMENT AND PAYMENT
Payment for Crack Sealing shall be per lump sum and shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved
in cleaning, preparing and sealing cracks, disposal of material, as shown on the plans, as specified
in the Standard Specifications and these special provisions, and as directed by the Engineer.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-19
12-5 SLURRY SEAL
12-5.01 DESCRIPTION:
Slurry Seal, Type II shall conform to the requirements of Section 37-3, “Slurry Seal and Micro-
Surfacings,” of the Standard Specifications, the Plans, and these Special Provisions. Polymer
modified asphaltic emulsion shall be in accordance with Section 37-3.02B(3) and mineral filler
shall be portland cement. Aggregate shall be black or dark grey in color.
12-5.02 QUALITY CONTROL AND ACCEPTANCE
The Contractor shall be responsible for all sampling, laboratory testing, and submittals as
specified in Sections 37-3.01A(3), 37-3.01A(4), and 37-3.02 of the Standard Specifications.
Material samples are not required to be provided to the City.
Aggregate gradation test shall be performed for each day’s production. Aggregate acceptance
is based on the gradation test for compliance with the requirements in Section 37-3.02A(4)(c).
Polymer modified asphaltic emulsion shall be sampled from the tank truck at mid load or from
a sampling tap or thief. Samples shall be taken at minimum 1 per day per delivery truck.
Polymer modified asphaltic emulsion shall be tested for quality characteristics as listed in
Section 37-3.02A(4)(b)(iii). Polymer modified asphaltic emulsion acceptance shall be based
on the conformance requirements of Section 37-3.02B(3).
If test results do not comply with these specifications the slurry seal shall be removed and
replaced with slurry seal conforming to these specifications at no additional cost to the City.
12-5.03 CALIBRATION AND DEMONSTRATION OF SPREADING EQUIPMENT:
The Contractor shall calibrate the spreader vehicle(s) to be used on the project to the approved
mix design prior to their arrival at the job site and shall furnish the Engineer a copy of the
calibration settings for each vehicle. Thereafter, no adjustments in the aggregate and emulsion
settings shall be made without the approval of the Engineer.
The Contractor shall demonstrate the ability to mix and apply the surface in a satisfactory
manner and to the approved mix design with each spreader vehicle. The Contractor may not
begin work until the ability to apply surfacing as specified is demonstrated to the Engineer.
Evidence of calibration of the machine shall be supplied to the Inspector prior to placement of
any surfacing. A test strip shall be laid at the beginning of the placement of the surfacing to
ensure the mix is proper and the machine has been properly calibrated.
12-5.04 OWNER NOTIFICATION
A.The Contractor shall notify all property owners and businesses affected by the slurry seal
work twice (3 weeks and again at 3 days) before work is to begin. The notice shall be in
writing, placed on the door.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-20
12-5.05 CONSTRUCTION
Prior to placement of the surfacing, the Contractor shall clean the existing asphalt concrete
surface, seal cracks in accordance with the section entitled “Crack Sealing” and remove traffic
stripes and pavement markings in accordance with the section entitled “Street
Sweeping/Pavement Preparation” of these Special Provisions.
The Contractor shall take appropriate measures to protect existing; curb and gutter, manholes,
valve covers, city monuments, or other iron castings in the street during the application of slurry
seal. Slurry seal shall be removed from these existing improvements, if required, to the
satisfaction of the City. All valve boxes, manholes, utility covers, and monument covers shall
be covered with heavy paper or roofing felt prior to placement of the surfacing and shall be
uncovered after the surfacing has set. Drainage inlets shall have adequate protection and
coverings to prevent any surfacing materials from entering the storm drain system.
Slurry seal shall be held back to within 12 inches of utility and monument covers as shown on
the plans.
Surfacing shall be applied a minimum of five (5) calendar days after crack sealing operations.
The project shall not be started without a two-week window when freezing weather
(temperatures below 32 degrees F) will not occur.
Slurry Seal shall be applied at a rate between 10 and 18 pounds per square yard in accordance
with Section 37-3.02C(4) of the Standard Specifications.
Slurry Seal areas shall be rolled with a pneumatic rubber tire roller. Rolling shall not begin
until the slurry has “cured” sufficiently to support the load without tracking. The finished
Slurry Sealed surface shall be rolled once, but not more than twice. Roller shall travel slowly,
not more than 5 mph.
Longitudinal joints may be overlapped or butt jointed. All joints shall be straight or curve with
the traffic lane. Overlaps shall not be allowed in the wheel paths and all overlaps shall not
exceed 3 inches in width.
Transverse joints shall be butted and shall be smooth. Handwork shall be kept to a minimum.
The contractor shall not over wet the mix at the start-up. Transverse joints shall be made on
roofing felt to avoid poor texture and scarring at the joints.
For all edges, the edge of the spreader box should be outside the line of the pavement and edge
boxes should be used when shoulders are covered.
12-5.06 POST SWEEPING:
Post sweeping of slurry sealed areas shall be performed in accordance with Section 12-3,
“Street Sweeping/Pavement Preparation,” of these Special Provisions.
12-5.07 MEASUREMENT AND PAYMENT:
Slurry Seal, Type II will be measured and paid for at the contract price per square yard.
Payment for slurry seal shall include full compensation for furnishing all labor, materials, tools,
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-21
equipment, and doing all work involved in furnishing and applying the slurry seal, including,
but not limited to submittals, mix design, samples, testing, surface preparation, placing the
slurry, protecting the slurry seal until it has set, rolling, post sweeping and all other work
involved in placing Slurry Seal, Type II not specifically enumerated in the Plans or
Specifications, and no additional compensation will be allowed.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-22
12-6 TRAFFIC STRIPING AND MARKINGS
12-6.01 DESCRIPTION:
Thermoplastic and painted traffic stripes (traffic lines) and pavement markings and markers, of
the various types, shall conform to the provisions of the City of Rohnert Park Manual of
Standards, Details and Specifications and Section 84-2, “Traffic Stripes and Pavement
Markings.” Standard Specifications and these Technical Specifications.
Thermoplastic material shall conform to State Specifications 8010-41G-21. Glass beads to be
applied to the surface of the molten thermoplastic material shall conform to the requirements
of State Specification 8010-22L-22 (Type II), or AASJTP Designation: M 247 (Type 1).
State Specifications for thermoplastic material and glass beads may be obtained from the
Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819; (916) 739-2400.
A primer of the type recommended by the manufacturer of the thermoplastic material shall be
applied over all existing painted stripes and pavement legends to be covered with thermoplastic
material.
All painted striping and markings shall be applied in 2 coats.
Existing stripes and pavement markings which are damaged by the work shall be replaced.
Striping and marking shall begin a minimum of 7 days after slurry seal.
Some of the streets within the project will be striped and marked by the City as indicated
on the plans.
12-6.02 MEASUREMENT AND PAYMENT:
Thermoplastic Stripes/Traffic Lines will be measured and paid for at the contract unit price
per lineal foot of the various detail types, which price shall include full compensation for
furnishing all labor, materials, tools, and equipment, and doing all work involved in placing
traffic markers and lines, complete in place, including:
• all glass beads,
• thermoplastic material,
• pavement markers (retroreflective and non-reflective markers),
• tape,
• temporary traffic stripes,
• replacement of damaged stripes, and
• pavement surface preparation
and any other work required to install traffic markers, lines, and parking space markings not
specifically enumerated in the plans and specifications and no additional compensation will be
allowed.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-23
Thermoplastic Pavement Markings will be measured and paid for at the contract unit price
per square foot of the various types, which price shall include full compensation for furnishing
all equipment, tools, and labor, and doing all the work involved, as herein specified, including:
• all glass beads,
• thermoplastic material,
• tape,
• providing temporary pavement markings,
• replacement of damaged markings,
• pavement surface preparation
and any other work required to install thermoplastic pavement markings not specifically
enumerated in the plans or specifications, and no additional compensation will be allowed.
Median Island Treatment will be measured and paid for at the contract unit price per each,
which price shall include full compensation for furnishing all equipment, tools, and labor, and
doing all the work involved, as herein specified, including:
• paint material,
• reflective pavement markers on top of curb,
• surface preparation
and any other work required to install median island treatment not specifically enumerated in
the plans or specifications, and no additional compensation will be allowed.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-24
12-7 PAVEMENT MARKERS
12-7.01 DESCRIPTION
Pavement markers shall conform to the requirements of Section 81-3, “Pavement Markers,” of the
Standard Specifications and these Technical Specifications.
Attention is directed to “Construction Area Signs” and “Traffic Control System” elsewhere in these
Technical Specifications regarding the use of moving lane closures during placement of pavement
markers with bituminous adhesive.
Blue Two-Way Retroreflective Pavement Markers shall be placed at existing fire hydrant locations.
Hot melt bituminous adhesive shall be used to cement the markers to the pavement. Bituminous
adhesive material shall conform to the following:
Specification ASTM REQUIREMENT
Flash Point, COC, ºF D 92 550 Min.
Softening Point, ºF D 36 200 Min.
Brookfield Thermosel Viscosity, Centipoise,
No. 27 Spindle, 20 RPM,400ºF D 4402 3,000-6,000
Penetration dmm, 100g, 55 seconds, 77ºF D 5 10 - 20
Filler Cement, percent by weight (Insoluble
in1,1,1 Trichloroethane) D 2371 65 - 75
Filler material used in bituminous adhesive shall be Type PC, Grade III, calcium carbonate
conforming to ASTM D1199, and shall conform to the following gradation:
Sieve Size Percent Passing
No. 100 100
No. 200 95
No. 325 75
Bituminous adhesive shall be heated indirectly in an applicator with continuous agitation or
recirculation. Bituminous adhesive shall not be heated above the maximum safe heating
temperature recommended by the manufacturer and shall not be applied at temperatures greater
than 425ºF. nor less than 375ºF.
Immediately after application of the adhesive, pavement markers shall be placed in position and
pressure applied until firm contact is made with the pavement.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-25
Placement of pavement markers using bituminous adhesive shall conform to the requirements of
the Section 81-3.03 of the Standard Specifications,
When bituminous adhesive is used for pavement marker placement, traffic control during
placement operations shall conform to the requirements of “Construction Area Signs” and “Traffic
Control System” of these Technical Specifications.
Some of the streets within the project will be striped and marked, including installation of
pavement markers, by the City as indicated on the plans.
12-7.02 MEASUREMENT AND PAYMENT
No separate measurement and payment will be made for installation of the individual pavement
markers used in conjunction with new traffic striping or the median island treatment. Full
compensation for pavement markers used in conjunction with new traffic striping or the median
island treatment shall be considered as included in conjunction with new traffic stripes of the
various detail types, or the median island treatment and no additional compensation will be
allowed.
Blue, Two-way Retroreflective Pavement Markers will be paid for at the contract price each,
which shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved, as herein specified, including:
• pavement markers,
• bituminous adhesive,
• pavement surface preparation
and any other work required to install blue two-way pavement markers not specifically enumerated
in the plans or specifications, and no additional compensation will be allowed.
2023 Pavement Maintenance Part 4: Technical Specifications
Rohnert Park City Proj. No. 2023-01 Page 4-26
12-8 FINAL CLEANUP
12-8.01 DESCRIPTION:
Final Cleanup shall conform to the provisions of Section 4-1.13, “Cleanup,” and Section
22, “Finishing Roadway,” of the Standard Specifications and these Project Provisions.
The project area shall be left in a neat and clean condition, as approved by the Engineer, at
the end of each workday. The project site shall be clear of clutter at the end of each
workday.
The project area shall be left in a neat and clean condition upon completion of the project
prior to final inspection by the Engineer.
12-8.02 MEASUREMENT AND PAYMENT:
Full compensation for complying with the above provisions shall be considered as included
in the contract prices paid for the various bid items and no additional compensation will be
allowed.
Page 1 of 1
SMART Internal Use OnlyMP ____________________#___________________1.To be completed for Public Agency/Organization/CorporationPermittee: ___________________________________________________________________________Daytime Phone: _____________________Fax Number:_______________________Address: ___________________________________________________________________________________________________________________________________________________________Email Address: ____________________________________________________________________________________________________________________________________________________ 2.This application is submitted for permission to perform the following in the SMART Right of Way:
Check all that apply:Project Duration:Submitted Documents*:Excavate/Survey Start Date:______________________Construct Temporary Improvement End Date: ______________________Construct Permanent Improvement Drawings (2 sets) Plans & Specs. (2 Sets) Proof of InsuranceOther:_____________________________
3.
4.Type of Construction (Mark all that apply):
Pipe Conduit ExcavationUndergroundType: _____________________Length: ______________Surface No. of Ducts: _______________Width: _______________Buried Cable: ______________Depth: _______________
5.Types of Vehicles/Equipment To Be Used in Permit Area (Mark all that apply):Passenger Cars Heavy Construction Equip.PickupsFarm Equipment Hazardous Materials Trucks Recreational VehiclesTruck-Trailers Buses Other__________________7.Method of Work: ____________________________________________________9.Is work within 25 ft. (vertical or horizontal) of track way?** Y_____ N _____8.Approximate Cost of Work in Permit Area: ______________________10.Is work within 50 ft. (vertical or horizontal) of track way?** Y_____ N _____
SMART Internal Use Only
Permit No.: _______________________________Date Issued: __________________Reviewed by:As-Built Drawings Req'd: Y_____ N _____Prepared By: ___________________Engineering: __________________ Risk Management: _____________As-Built Submittal Date: _________________Systems: __________ Operations: ____________ Other: ___________
SMART Comments or Conditions (if necessary, use separate sheet or continue on back):
APPLICATION FOR
ENTRY PERMIT
Detailed scope of work including hours, method and location of work, nearest cross street(s), landmarks, and/or a physical address with approximate
distances (use separate sheet if necessary):
*Note: Applicants must provide 11x17 plans. At the discretion of SMART Engineering, applicant may be asked to provide full size (24"x36") scaled drawings and/or plan sets stamped by a licensed engineer.
**Note: If YES to Questions 9 or 10, Railroad Protective Liability Insurance May Be Required
Project Manager:Email.:_______________________ Cell: _________________________Name:
***PLEASEINCLUDE $300 APPLICATION FEE (non-refundable) AND $1000 PERMIT FEE WITH SUBMISSIONMail or email application and supporting documents to: SMART 5401 Old Redwood Highway, Ste 200 Petaluma, Ca 94954 OR ndiamzon@sonomamarintrain.orgApplicant Signature:_____________________________________________________________________________________________________________________________________________________Print Name: ______________________________________________________________________Date: ____________________________________________________________
***Please note that if any additional services, such as inspectors, safety monitors, traffic flagging, etc., are required, an additional deposit(s) for those items may be required prior to issuance of Permit.
6.
Page 4
Right of Entry Permit No. 2022-ROE-XXX
Permittee shall fully pay for all materials joined or affixed to Premises, and shall pay in full
all persons who perform labor on Premises. As Permittor is a public entity, its property is
not subject to mechanics' or materialmen's liens, and nothing in this Permit shall be construed
to make its property subject to such liens. However, if any such liens are filed, Permittee
shall immediately remove them at Permittee's own expense, and shall pay any judgment
which may be entered. Should Permittee fail, neglect, or refuse to do so, Permittor, after 48
hours prior notice to Permittee, shall have the right to pay any amount required to release
any such liens, or to defend any action brought, and to pay any judgment entered. Permittee
shall be liable to Permittor for all costs, damages, reasonable fees, and any amounts
expended in defending any proceedings or in the payment of any of said liens or any
judgment. Permittor may post and maintain upon Premises notices of non-responsibility as
provided by law.
Permittee shall cooperate with Permittor in making any tests Permittor requires of any
installation or condition which in Permittor's reasonable judgment may have an adverse
effect on any of the facilities of Permittor. All costs incurred by the tests, or any corrections
required as a result of such tests, shall be borne by Permittee.
Permittee shall take protective measures necessary to keep Permittor's facilities, including
track ballast, free of sand or debris resulting from its use of Premises. Should any damage
occur to Permittor's facilities as a result of Permittee's use of Premises, Permittee shall
immediately notify Permittor. Permittor may require Permittee to contact the operator of
any rail service on the rail line to make arrangements to ensure the safe performance of any
work and agrees to give Permittor ten (10) calendar days of written notice prior to
commencement of the work in the event such arrangements need to be made. Any damage
to Permittor's facilities resulting from Permittee's use of Premises will be repaired or
replaced by Permittor at Permittee's sole cost and expense, which Permittee shall pay to
Permittor promptly upon demand.
9.No Crossing of Tracks. Permittee shall not be permitted to cross Permittor's tracks located
near Premises but shall gain access to and from Premises only by use of designated public
streets.
10.No Hazardous Materials. No hazardous materials shall be handled at any time upon
Premises.
11.Mechanized Equipment. Under no condition shall Permittee be permitted to place or store
any mechanized equipment, tools or other materials within twenty-five feet (25') of the
center line of Permittor's nearest railroad tracks.
12.Indemnity and Insurance. Permittee shall release, defend (with counsel reasonably
satisfactory to Permittor) and indemnify Permittor, its successors and assigns, any railroad
company operating on Premises, and their respective directors, officers, employees, and
agents (collectively, "Indemnitees") from and against all liability, cost, and expense for loss
Page 5
Right of Entry Permit No. 2021-ROE-XXX
of, or damage to, property and for injuries to, or death of, any person (including, but not
limited to, the property and employees of each party) when arising or resulting from the use
of Premises by Permittee, its agents, employees, contractors, subcontractors, or invitees; or
Permittee's breach of these provisions. The duty of Permittee to indemnify and save
harmless the Indemnitees includes the duties to defend as set forth in Section 2778 of the
Civil Code. It is the express intent of the parties under this Section 12, that Permittee will
indemnify and hold harmless the Indemnitees from any and all claims, suits, or actions
arising from any cause whatsoever as set forth above, other than the active negligence,
willful misconduct, or criminal acts of the Indemnitees. Permittee waives any and all rights
to any type of express or implied indemnity against the Indemnitees arising out of Permittee's
use of or activities on Premises. This indemnity shall survive termination of this Permit. It
is the intention of the parties that should any term of this indemnity provision be found to be
void or unenforceable, the remainder of the provision shall remain in full force and effect.
All personal property of Permittee, including, but not limited to fixtures, equipment, or
related materials upon the Property, will be at the risk of OWNER only, and Permittor will
not be liable for any damage thereto or theft thereof, whether or not due in whole or in part
to the negligence of Permittor.
Prior to entry upon the Property and commencement of construction activities, Permittee
shall provide Permittor with satisfactory evidence, in the form of a Certificate of Insurance,
that Permittee is insured in accordance with the following. Said insurance shall remain in
effect throughout the term of this License:
a.Workers’ Compensation and Employers’ Liability
Permittee shall procure and maintain Workers’ Compensation Insurance and
Employers’ Liability Insurance in accordance with the laws of the State of California.
Employers’ Liability Insurance shall have coverage for a minimum liability of
$2,000,000, covering Permittee’s employees engaged in the work. Permittee shall
insure the procurement and maintenance of such insurance by all contractors or
subcontractors engaged in the construction, operation or maintenance of the
Conveyor.
b.Commercial General Liability
Permittee shall procure and maintain Commercial General Liability insurance
covering products-completed and ongoing operations, property damage, bodily
injury and personal injury using an occurrence policy form, in an amount no less than
$5,000,000 per occurrence.
Said policy shall either include a Railroads CG 24 17 endorsement removing the
exclusion of coverage for bodily injury or property damage arising out of
construction or demolition operations within 50 feet of any railroad property and
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affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass or crossing,
or provide evidence that said policy does not have any railroad exclusions. A follow
form Excess Liability policy may be utilized to satisfy the required limits of liability
under this section.
c.Professional Liability
Permittee shall procure and maintain Professional Liability insurance covering
liability arising out of any negligent act, error or omission in performance of design
or engineering services for the Project in an amount no less than $2,000,000 per
claim. If any Design Professional Services are furnished by a Subcontractor, the
Subcontractor shall be required to provide professional liability coverage.
d.Automobile Liability
Permittee shall procure and maintain Automobile Liability insurance covering
bodily injury and property damage in an amount no less than $2,000,000 combined
single limit for each occurrence. Said insurance shall include coverage for owned,
hired, and non-owned vehicles. Said policy shall also include a CA 20 70 10 13
endorsement removing the exclusion of coverage for bodily injury or property
damage arising out of operations within 50 feet of any railroad bridge, trestle, track,
roadbeds, tunnel, underpass or crossing.
e.Contractors Pollution Liability
Contractors Pollution Liability insurance in an amount no less than $2,000,000 per
incident. The Contractor’s Pollution Liability policy shall be written on an
occurrence basis with coverage for bodily injury, property damage and
environmental damage, including cleanup costs arising out of third party claims, for
pollution conditions, and including claims of environmental authorities, for the
release of pollutants caused by construction activities related to the Permit.
Coverage shall include the Permittee as the named insured and shall include
coverage for acts by others for whom the Permittee is legally responsible.
Coverage to be provided for bodily injury to or destruction of tangible property,
including the resulting loss of use thereof, loss of use of tangible property that has
been physically injured, and natural resource damage. There shall be no exclusions
or limitations regarding damages or injury from existence, removal or abatement of
lead paint. There shall be no insured vs. insured exclusion in the policy.
f.Railroad Protective Liability
Prior to commencement of construction activities, Permittee shall procure and
maintain Railroad Protective Liability insurance, in Permittor’s name, with limits
of liability of no less than $5,000,000 per occurrence, for losses arising out of
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injury to or death of all persons, and for physical loss or damage to or destruction
of property, including the loss of use thereof. The additional named insureds shall
be the Sonoma-Marin Area Rail District and the North Coast Railroad Authority,
and shall cover all other railroads operating on the right-of-way.
Prior to entering onto the Property, Permittee shall file Certificate(s) of Insurance with
Permittor evidencing the required coverage and endorsement(s) and, upon request, a
certified duplicate original of any of those policies. Said endorsements and Certificate(s) of
Insurance shall stipulate:
1)SMART, its officers and employees, shall be named as additional insured on
all policies listed above.
2)That the policy(ies) is Primary Insurance and the insurance company(ies)
providing such policy(ies) shall be liable thereunder for the full amount of
any loss or claim which Permittee is liable, up to and including the total limit
of liability, without right of contribution from any other insurance effected or
which may be effected by the Insureds.
3)The policy shall also stipulate: Inclusion of the Insureds as additional
insureds shall not in any way affect its rights either as respects any claim,
demand, suit or judgment made, brought or recovered against Permittee. Said
policy shall protect Permittee and the Insureds in the same manner as though
a separate policy had been issued to each, but nothing in said policy shall
operate to increase the insurance company’s liability as set forth in its policy
beyond the amount or amounts shown or to which the insurance company
would have been liable if only one interest had been named as an insured.
4)Permittee hereby grants to Permittor a waiver of any right to subrogation
which any insurer of said Permittee may acquire against Permittor by virtue
of the payment of any loss under such insurance. Permittee agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation,
but this provision applies regardless of whether or not Permittor has received
a waiver of subrogation endorsement from the insurer.
5) Permittee shall require and verify that all subcontractors maintain insurance
meeting all requirements stated herein, and Permittee shall ensure that
SMART, its officers and employees, shall be named as additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a form at least as broad as CG 20 38 04 13.
The insurance policy(ies) shall be written by an insurance company or companies acceptable
to Permittor. Such insurance company shall be authorized to transact business in the state
of California.
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Deductibles and Retentions
Permittee shall be responsible for payment of any deductible or retention on Permittee’s
policies without right of contribution from Permittor. Deductible and retention provisions
shall not contain any restrictions as to how or by whom the deductible or retention is paid.
Any deductible of retention provision limiting payment to the name insured is not
acceptable.
Self-Insurance
Permittee’s obligation hereunder may be satisfied in whole or in part by adequately funded
self-insurance, upon evidence of financial capacity satisfactory to Permittor.
Claims Made Coverage
If any insurance specified above is written on a claims-made coverage form, Permitee shall:
1)Ensure that the retroactive date is shown on the policy, and such date must
be before the date of this Permit or beginning of any work under this Permit;
2)Maintain and provide evidence of similar insurance for at least three (3) years
following project completion, including the requirement of adding all
additional insureds; and
3)If insurance is cancelled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to Permit effective date,
Permitee shall purchase “extending reporting” coverage for a minimum of
three (3) years after completion of the work.
13.Permits from Other Agencies; Hazardous Materials. Permittee shall comply, at Permittee's
expense, with all applicable laws, regulations, rules and orders with respect to the use of
Premises, and shall obtain all required licenses, permits or other approvals in connection
with Permittee's use of Premises. Permittee shall furnish satisfactory evidence of such
compliance upon request of Permittor.
Should any discharge, leakage, spillage, emission or pollution of any type occur upon or
from Premises due to Permittee's use and occupancy thereof, Permittee, at Permittee's
expense, shall clean all affected property to the satisfaction of Permittor and any
governmental body having jurisdiction.
Permittee shall indemnify, hold harmless and defend the Indemnitees against all liability,
cost, and expense (including, without limitation, any fines, penalties, judgments, litigation
costs, reasonable attorneys' fees and consulting, engineering and construction costs) incurred
by Permittor as a result of Permittee's breach of this section or as a result of any such
discharge, leakage, spillage, emission, or pollution by Permittee, regardless of whether such
liability, cost, or expense arises during or after the term of this Permit.
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14.Assumption of Risk. Permittee shall assume all risk of damage to any and all other property
of Permittee, or any property under the control or custody of Permittee while upon or near
Premises of Permittor incident to the use of Premises; provided, however, such assumption
by Permittee shall not include any damage caused by the active negligence and/or willful
misconduct of Permittor. Permittee releases Permittor from any liability, including claims
for damages or extra compensation, arising from construction delays due to transportation
activities by Permittor or transportation operations by any agency as authorized by Permittor.
15.Subcontractors. Any person, firm or corporation Permittee authorizes to work upon
Premises, shall be deemed to be Permittee's agent and shall be subject to all the applicable
terms hereof.
16.Restoration of Premises. Upon termination of this Permit, Permittee, at its own expense,
shall remove from Premises all property it owns or controls, all debris and other materials,
and restore Premises to its condition prior to entry or to a condition reasonably satisfactory
to Permittor. Upon Permittee's failure to do this, Permittor, upon forty-eight (48) hours prior
notice to Permittee, may perform such work at Permittee's expense.
17.Severability. If any provision of this Permit shall be for any reason unenforceable, in any
respect, such unenforceability shall not affect the other provisions of this Permit.
18.Attorneys' Fees. If any legal proceeding should be instituted by either of the parties to
enforce the terms of this Permit or to determine the rights of the parties under this Permit,
the prevailing party in the proceeding shall receive, in addition to all costs, reasonable
attorneys' and expert fees.
19.Time of Essence. Time is and shall be of the essence of this Permit and of each and every
provision contained in this Permit.
20.No Third Party Beneficiaries. Nothing contained in this Permit shall be construed to create
and the parties do not intend to create any rights in third parties.
21.Construction of Agreement. The provisions in this Permit shall be construed and given effect
in a manner that avoids any violation of statute, regulation or law. Permittor and Permittee
agree that in the event any provision in this Permit is held to be invalid or void by any court
of competent jurisdiction, the invalidity of any such provision shall in no way affect any
other provision in this Permit. Permittor and Permittee acknowledge that they have each
contributed to the making of this Permit and that, in the event of a dispute over the
interpretation of this Permit, the language of the Permit will not be construed against one
party in favor of the other. Permittor and Permitee further acknowledge that they have each
had an adequate opportunity to consult with counsel in the negotiation and preparation of
this Permit.