HomeMy WebLinkAboutCC Resolution 9482 (PW Standard Specifications)RESOLUTION NO. 9 4 8 2
RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN RAFAEL ADOPTING THE PUBLIC WORKS
STANDARD SPECIFICATIONS AND AUTHORIZING
THE USE OF THESE SPECIFICATIONS IN ALL
FUTURE PROJECTS.
WHEREAS, the Marin Public Works Association has developed new
Standard Specifications to supersede existing specifications which have been in use for many
years and are no longer current; and
WHEREAS, said Standard Specifications are to be used by all Cities in Marin
County and the County of Marin; and
City staff, and
WHEREAS, minor revisions have been made to the Standard Specifications by
WHEREAS, the City Attorney's office has reviewed said Standard
Specifications and find the specifications to be in compliance with present codes and therefore
acceptable.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of
the City of San Rafael does hereby adopt Public Works Standard Specifications and authorizes
the use of these specifications in all future City projects.
I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on Monday, the 2nd day of October, 1995, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor' Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Zappetini (.due to Conflict of Interest)_
G C(F.RK
'. ANN . LEONC"'*-f'INI, City ler
v
INDEX
SECTION
PAPER COLOR
Invitation for Bids.............................................................. Yellow
Insurance Requirements Sheet ........................................... Pink
Instructions to Bidders ...................................................... Yellow
BidProposal...................................................................... Yellow
Non -Collusion Affidavit...................................................... Yellow
Form of Contract Agreement .............................................. White
Definitions......................................................................... White
Abbreviations..................................................................... White
Organizations.................................................................... White
Symbols............................................................................ White
Contract Provisions............................................................ White
General Provisions............................................................. White
Special Provisions.............................................................. Green
CITY OF SAN RAFAEL
AlbMAYOR
ers J. Boro
Department of
10
COUNCIL MEMBERS
Paul M. Cohen
Public Works
Barbara Heller
Gary Phillips
David J. Zappetini
INSURANCE REQUIREMENTS SHEET
SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY
PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS)
The City of San Rafael requires that all Contractors and Subcontractors performing work under
a Public Works contract with the City, carry workers' compensation insurance, public liability
insurance and property damage insurance. The public liability insurance and property damage
insurance shall insure the City, its elective and appointive Boards, Commissions, Officers,
Agents and Employees, as follows:
Public Liabilitv:
Property Damage:
Not less than $ per person and
$ for one occurrence.
Not less than $ for one occurrence.
The required insurance may be provided by a separate policy insuring the City, its elective and
appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already
has insurance, he may provide the City with the required insurance by submitting a certificate
of insurance and a standard form of additional insured endorsement. For this latter purpose,
the City will accept the following:
"IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL,
its officers, agents and employees, are additional insureds hereunder but only as
respects liability arising out of the land and/or property and/or work described
in the Public Works contract for the project entitled„
between the City of San Rafael and
(Name of Contractor)
for the work and the improvements described therein."
Evidence of satisfactory insurance must be furnished to the City at the time of the execution of
the Public Works contract together with evidence that the insurance carrier will not cancel or
reduce the coverage of the policy without first giving the City at least thirty (30) days prior
notice. Such notice shall be sent to:
CITY OF SAN RAFAEL
DEPARTMENT OF PUBLIC WORKS
P. O. BOX 151560
SAN RAFAEL, CA 94915-1560
INSTRUCTIONS TO BIDDERS
SECTION 1 - SCOPE OF WORK
1.01 Work to be Done....................................................................................................1
1.02 Intent of Plans and Specifications..........................................................................1
1.03 Approximate Estimate............................................................................................1
1.04 Examination of Plans, Specifications, and Site of Work.........................................1
SECTION 2 - PLANS AND SPECIFICATIONS
2.01 Revisions and Amendments...................................................................................1
2.02 Soil or Material Tests and Borings.........................................................................1
2.03 Pre -Bid Opening Questions....................................................................................1
2.04 Work in Accordance with Plans and Specifications...............................................2
SECTION 3 - BIDDERS
3.01 Qualification of Bidders..........................................................................................2
3.02 Bidders Interest in More Than One Bid..................................................................2
3.03 Subcontracts..........................................................................................................2
SECTION 4 - LEGAL RELATIONS AND RESPONSIBILITIES
4.01
General...................................................................................................................2
4.02
Faithful Performance Bond.....................................................................................2
4.03
Material and Labor Bond........................................................................................3
4.04
Defective Material and Workmanship Bond...........................................................3
4.05
Notification of Surety Companies...........................................................................3
4.06
Contractor's Insurance...........................................................................................3
4.07
Labor Code Requirements.....................................................................................4
4.08
Subletting and Assignment.....................................................................................4
SECTION 5 - PROSECUTION
5.01 Beginning of Work..................................................................................................4
5.02 Sound Control Requirements.................................................................................4
5.03 Progress Schedule.................................................................................................4
5.04 Time of Completion................................................................................................5
5.05 Liquidated Damages..............................................................................................5
SECTION 6 - PROPOSAL
6.01
Proposal Form........................................................................................................6
6.02
Bid Guarantees......................................................................................................6
6.03
Disqualification of Bidders......................................................................................7
6.04
List of Subcontractors............................................................................................7
6.05
Bids for Entire Project.............................................................................................7
6.06
Bidders - Name and Address.................................................................................7
6.07
Receipt and Withdrawal of Proposals....................................................................7
6.08
Opening of Proposals.............................................................................................7
6.09
Award of Contract...................................................................................................7
6.10
Execution of Contract.............................................................................................7
INSTRUCTIONS TO BIDDERS • INDEX
INSTRUCTIONS TO BIDDERS
SECTION 1 - SCOPE OF WORK
1.01 Work to be Done - The work to be done
consists of furnishing all plant, labor,
materials, methods, and processes, imple-
ments, tools and machinery, except as oth-
erwise specified, which are necessary and
required to construct and complete the
work designated in the contract, and to
leave the grounds in a neat condition.
The City reserves the right to increase or
decrease the quantity of any item or portion
of the work as may be deemed necessary or
advisable by the City Engineer; also to
make such alterations or deviations, in-
creases or decreases, additions or omis-
sions, in the plans and specifications, as
determined to be necessary and advisable.
In the event materials and/or equipment
are to be furnished by the City, as desig-
nated in the Special Provisions or as agreed
on, this shall not relieve the Contractor of
the above requirements to furnish all other
plant, labor, materials, and equipment to
complete the contract.
1.02 Intent of Plans and Specifications - The
intent of the plans and specifications is to
describe the details for the construction
and completion of the work which the
Contractor undertakes to perform in accor-
dance with the terms of the contract. Where
the plans or specifications describe portions
of the work in general terms, but not in
complete detail, it is understood that only
the best general practice is to prevail and
that only materials and workmanship of the
finest quality are to be used.
1.03 Approximate Estimate - The quantities
given in the specifications, proposal and
contract are approximate only. They are
given only as a basis for comparison of bids.
The City does not expressly or by im-
plication, agree that the actual amount of
the work will correspond therewith, and re-
serves the right to increase or decrease the
amount of any class or portion of work, or
omit portions of work, as deemed necessary
or advisable by the City Engineer.
1.04 Examination of the Plans, the
Specifications, and the Site of Work - The
bidder shall carefully examine the site of
the contemplated work, proposal, plans,
specifications, and contract forms. It will be
assumed that the bidder has made a
complete investigation and is satisfied as to
the conditions to be encountered, the char-
acter, quality and quantities of work to be
performed, the materials to be furnished,
and the requirements of the plans, specifi-
cations and the contract. It is mutually
agreed that submission of a proposal shall
be considered prima facie evidence that the
bidder has made such examination.
SECTION 2 -
PLANS AND SPECIFICATIONS
2.01 - The right is reserved, by the City as
may be required, to revise or amend the
specifications, plans, drawings or other
contract documents, prior to the date set
for opening of bids. Such revisions and
amendments, if any, will be announced by
an addendum or addenda to the Notice to
Bidders. Copies of such addenda as may be
issued will be furnished to all prospective
bidders. If the revisions and amendments
are of a nature which require material
changes in quantities or bid prices or both,
the date set for opening of bids may be
postponed by such number of days as in
the opinion of the Engineer will be
necessary for bidders to revise their bid. In
such case the addenda will include the
announcement of the new date for opening
bids. Bidders are required to acknowledge
receipt of all addenda on the bid proposal
submitted. Failure to acknowledge all such
addenda may cause rejection of the bid.
2.02 - Any information shown on the plans
as to the soil or material borings or tests of
existing material is for the purpose of
design. The information is not guaranteed,
and no claims for extra work or damages
will be considered if it is found during
construction that the actual soil or material
conditions vary from those indicated
unless, provided for in the Special
Provisions.
2.03 - Questions regarding documents, dis-
crepancies, omission or doubt as to mean-
ing shall be referred immediately, and in
any event not less than five (5) days prior to
the opening of bids, to the City Engineer
who will send written instructions clarifying
INSTRUCTIONS TO BIDDERS - 1
such questions to each bidder. Neither the
Engineer nor the City shall be held re-
sponsible for any oral instructions.
2.04 - The work embraced herein shall be
done in accordance with these plans and
the specifications and Standard Drawings
of the Cities of Marin and the County of
Marin.
SECTION 3 - BIDDERS
3.01 Qualification of Bidders - Each bidder
shall be licensed in accordance with the
provisions of Chapter 9, Division 3 of the
Business and Professions Code, and shall
be skilled and regularly engaged in the gen-
eral class or type of work called for under
this contract.
It is the intention of the City to award a
contract only to a bidder who furnishes sat-
isfactory evidence that he has the requisite
experience, ability, capital, facilities, and
plant to enable him to prosecute the work
successfully and promptly, and to complete
it within the time stated in the contract.
To determine the degree of responsibility to
be credited to the bidder, the City will weigh
any evidence that the bidder or personnel
guaranteed to be employed in responsible
charge of the work has performed satisfac-
torily on other contracts of like nature and
magnitude of comparable difficulty at simi-
lar rates or progress.
3.02 - No person, firm, or corporation shall
be allowed to make, file or be interested in
more than one bid for said project, unless
alternative bids are called for. This
prohibition is not applicable to submission
of sub -proposals to a bidder, nor to quoting
prices and/or materials to a bidder.
3.03 Subcontracts - Each bidder shall
comply with the applicable chapter of the
Public Contract Code including Section
4100-4113.
The Contractor shall perform with his own
organization, contract work amounting to
50 percent of the original total contract
price, except that any designated "specialty
item" may be performed by subcontract and
the amount of such "specialty item" so per-
formed may be deducted from the original
total contract price before computing the
amount of work required to be performed by
the Contractor with his own organization.
INSTRUCTIONS TO BIDDERS 9 2
The bidder shall set forth in the bid the
:arae and location of the place of business
of each subcontractor who will perform
work or labor or render services to the
prime Contractor in or about the construc-
tion of the work in an amount in excess of
one-half of one percent of the prime
Contractor's total bid.
The prime Contractor shall list only one
subcontractor for each portion as is defined
by the prime Contractor in his bid.
SECTION 4 - LEGAL RELATIONS
AND RESPONSIBILITIES
4.01 General - The Contractor shall keep
himself 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. He shall at all
times observe and comply with, and shall
cause all his agents and employees to
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 shall protect and indemnify
the City, and all officers and employees
thereof connected with the work, including
but not limited to the City Engineer, against
any claim or liability arising from or based
on the violation of any such law, ordinance,
regulation, order, or decree, whether by
himself or his 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
shall forthwith report the same to the City
Engineer in writing.
4.02 Faithful Performance Bond - As a part
of the execution of the contract, the
Contractor shall furnish, in triplicate, a
bond of a surety company admitted in
California and acceptable to the City,
conditioned upon the faithful performance
of all covenants and stipulations under the
contract. The amount of the bond shall be
100 percent of the total contract price.
4.03 Material and Labor Bond - As a part of
the execution of the contract, the
Contractor shall furnish, in triplicate, a
bond of a surety company admitted in
California and acceptable to the City in a
sum not less than 100 percent of the total
contract price, for the payment in full of all
persons, companies or corporations who
perform labor upon or furnish materials to
be used in the work under the contract, in
accordance with the provisions of Sections
4200 and 4208, inclusive, (Chapter 3,
Division 5) of the Government Code of the
State of California, and any acts
amendatory thereof.
4.04 Defective Material & Workmanship - As
a condition precedent to the completion of
the contract, the Contractor shall furnish,
in triplicate, a bond of a surety company
admitted in California and acceptable to the
City in the amount specified in the Proposal
and Contract Agreement, to hold good for a
period of 1 year after the completion and
acceptance of the work, to protect the City
against the results of defective materials or
workmanship during that time. This bond
must be delivered to the City before final
payment under the contract will be made.
4.05 Notification of Surety Companies - The
surety companies shall familiarize
themselves with all of the conditions and
provisions of the contract, and shall waive
the right of special notification of change or
modification of the contract, or of any other
act or acts by the City or its authorized
agents, under the terms of the contract.
Failure to notify the surety companies of
changes shall in no way relieve them of
their obligations under the contract.
4.06 Contractor's Insurance - The Contractor
shall obtain all insurance required
hereunder and shall maintain same at all
times during the life of the contract. Each
insurance policy shall contain a clause
which requires the insurance company to
notify the City thirty (30) days in advance of
cancellation. Should any such policy be
cancelled before final completion of the
work, and the Contractor fail to procure
other insurance as herein required, imme-
diately, the City may procure such insur-
ance and deduct the cost thereof from any
amounts due the Contractor. The
insurance company(s) providing the
coverage required under this agreement
shall be admitted in California.
The Contractor shall, at the time of his exe-
cution by the City, file with the City for its
approval, the original of such policy or
policies or certificates thereof. Said insur-
ance shall cover the following:
4.061 Worker's Compensation Insurance
and Employer's Liability Insurance -
Insurance shall be provided to cover his
employees as required by the Labor Code of
the State of California.
4.062 Public Liability and Property Damage
Insurance - Public liability insurance and
property damage insurance shall be
provided to insure the City, its elective and
appointive Boards, Commissions, Officers,
Agents and Employees. The insurance
policy shall be an "occurrence" policy.
The amounts of Public Liability and
Property Damage Insurance required shall
be as specified in the Proposal and Contract
Agreement.
The required insurance may be provided by
a separate policy insuring the City, its elec-
tive and appointive Boards, Commissions,
Officers, Agents and Employees or, if the
contractor already has insurance, he may
provide the City with the required
insurance by submitting a certificate of
insurance and a standard form of
additional insured endorsement. For this
latter purpose, the City will accept the
following:
"It is hereby understood and agreed that the
City of San Rafael, its officers, agents and
employees, are additional insureds hereun-
der but only as respects liability arising out
of the land and/or property and/or work de-
scribed in the Public Works contract for the
project entitled, (Insert Project Name and No.)
between the City of San Rafael and (Insert
Name of Contractor) for the work and the
improvements described therein."
Evidence of satisfactory insurance must be
furnished to the City at the time of the exe-
cution of the Public Works contract together
with evidence that the insurance carrier will
not cancel or reduce the coverage of the
policy without first giving the City at least
thirty (30) days prior notice.
INSTRUCTIONS TO BIDDERS • 3
4.063 Builders' Risk "All Risk" Completed
' Value Insurance - —11 coverage (including
earthquake) shall be provided upon the
entire project which is the subject of this
contract and including completed work and
work in progress providing that the
insurance premium for this specific re-
quirement is a separate bid item. Such in-
surance shall include as Additional Named
Insureds: The Owner; the Architect, the
Engineer; and his consultants; and each of
their officers, employees and agents; and
any other persons with an insurable
interest designated by the Owner as an
Additional Named Insured. Such insurance
may have a deductible clause but not to
exceed $250. (The deductible on earthquake
may be in accordance with the
underwriter's requirements).
4.064 Subcontractors - Contractor shall
include all subcontractors as insureds
under its policies or shall furnish separate
certificates and endorsements for each
subcontractor. All coverages for
subcontractors shall be subject to all of the
requirements stated herein.
4.07 Labor Code Requirements - The
Contractor's attention is directed to the fol-
lowing requirements of the Labor Code:
4.071 Hours of Labor - Per Section 7-
1.01A(1) of the State Specifications.
4.072 Prevailing Wage - Per Section 7-
1.01A(2) of the State Specifications. The
wage rates as determined by the Director of
Industrial Relations are maintained by each
City for review and copying by the
Contractor.
4.073 Travel and Subsistence Payments -
Per Section 7-1.01A(2)(a) of the State
Specifications.
4.074 Payroll Records - Per Section 7-
1.01A(3) of the State Specifications.
4.075 Labor Nondiscrimination - Per
Section 7-1.01A(4) of the State
Specifications.
4.076 Apprentice - Per Section 7-1.01A(5)
of the State Specifications.
4.077 Worker's Compensation - Per Section
7-1.01A(6) of the State Specifications.
4.078 Fair Labor Standards Act - Per
Section 7-1.01A(7) of the State
Specifications.
INSTRUCTIONS TO BIDDERS 0 4
4.079 Suits to Recover Penalties and
Forfeitures - Per Section 7-1.01A(7) of the
State Specifications.
4.08 Subletting and Assignment - The
Contractor shall give his personal attention
to the fulfillment of the contract and shall
keep the work under his control.
Subcontractors will not be recognized as
such. All persons engaged in the work of
construction will be considered as employ-
ees of the Contractor, and he will be held
responsible for their work.
The contract may be assigned only with
consent of the Governing Body.
SECTION 5 - PROSECUTION
5.01 Beginning of Work - The Contractor
shall commence work following issuance of
the Notice to Proceed within the number of
days specified in the Proposal and the
Contract Agreement, and shall diligently
prosecute the same to completion within
the time limit provided.
The Contractor shall not commence con-
struction on any of the work until he has,
on the grounds, or can furnish definite as-
surance that there will be available when
required, all materials necessary to com-
plete the portion of work on which work is
begun.
5.02 Sound Control Requirements - The
Contractor shall comply with all local sound
control and noise level rules, regulations
and ordinances which apply to any work
performed pursuant to the contract.
Each internal combustion engine related to
the job shall be equipped with a muffler of a
type recommended by the manufacturer. No
internal combustion engine shall be oper-
ated on the project without said muffler.
Section 8.12.150 of the San Rafael
Municipal Code also prohibits the genera-
tion of construction related noise between
the hours and 9 p.m. to 7 a.m.
5.03 Progress Schedule - Prior to com-
mencing work the Contractor shall submit,
to the City Engineer, a practical schedule
showing the order in which the Contractor
proposes to carry out the work, the dates
on which he will start the several salient
features of the work (including procurement
of materials, plant and equipment), and the
contemplated dates for completing the said
salient features.
5.04 Time of Completion - The Contrac-tor
shall complete all or any designated portion
of the work called for under the contract in
all parts and requirements within the
number of working days specified in the
Proposal and the Contract Agreement.
A working day is defined as any day, except
Saturdays, Sundays, legal holidays, and the
days on which the Contractor is specifically
required by the Special Provisions to
suspend construction operations. On the
days during which the Contractor is pre-
vented by inclement weather or conditions
resulting therefrom, as determined by the
Engineer, from proceeding with at least 75
percent of the normal labor and equipment
force engaged on such operation or opera-
tions for at least 60 percent of the total
daily time currently spent on the controlling
operation or operations, the Contractor will
not be charged for a working day.
The current controlling operation (or oper-
ations) is to be construed to include any
feature of the work considered at the time
by the City Engineer and the Contractor,
which, if delayed, will delay the time of
completion of the contract.
The City Engineer will furnish the
Contractor a statement with his progress
payment showing the number of working
days charged to the contract during the pe-
riod covered by the payment and the re-
maining number of working days to com-
plete the contract. The Contractor will be
given 10 calendar days from the date of
progress payment to file written protest set-
ting forth in what respects the statement of
working days consumed is incorrect.
Otherwise, the statement shall be deemed
to have been accepted by the Contractor as
correct.
5.05 Liquidated Damages - It is agreed that,
if all the work required by the contract is
not finished or completed within the
number of working days as set forth in the
contract, 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 and by reason of
such delay; and it is therefore agreed that
the Contractor will pay to the City, the sum
specified in the Proposal and the Contract
Agreement for each and every calendar
day's delay in finishing the work in excess
of the number of working days prescribed;
and the Contractor agrees to pay said
liquidated damages herein provided for, and
further agrees that the City may deduct the
amount thereof from any moneys 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 require-
ments within the number of working days
specified, the City Engineer shall have the
right to increase the said number of work-
ing days, he shall further have the right to
charge to the Contractor, his heirs, assigns
or sureties and to deduct from the final
payment for the work all or any part, as he
may deem proper, of the actual cost of engi-
neering, inspection, superintendence, and
other overhead expenses which are directly
chargeable to the contract, and which ac-
crue during the period of such extension,
except that cost of final surveys and prepa-
ration of final estimate shall not be in-
cluded in such charges.
The Contractor will be granted an extension
of time and will not be assessed with
liquidated expenses or the cost of engineer-
ing and inspection for any portion of the
delay in completion of the work caused by
acts of God or of the public enemy, fire,
floods, epidemics, quarantine restrictions,
strikes, labor disputes, shortage of materi-
als and freight embargoes, provided, that
the Contractor shall notify the City
Engineer in writing of the causes of delay
within 15 days from the beginning of any
such delay. The City Engineer shall ascer-
tain the facts and the extent of the delay,
and his findings shall be final and conclu-
sive.
No extension of time will be granted for a
delay caused by a shortage of materials un-
less the Contractor furnishes to the City
Engineer documentary proof that he has
diligently made every effort to obtain such
materials from all known sources within
reasonable reach of the work and further
proof in the form of supplementary progress
schedules, as required in Section 5.03,
"Progress Schedule," that the inability to
obtain such materials when originally
INSTRUCTIONS TO BIDDERS • 5
planned, did in fact cause a delay in final
completion of the entire work which could
not be compensated for by revising the
sequence of the Contractor's operations.
Only the physical shortage of material will
be considered under these provisions as a
cause for extension of time and no consid-
eration will be given to any claim that ma-
terial could not be obtained at a reasonable,
practical, or economical cost or price, un-
less it is shown to the satisfaction of the
City Engineer that such material could have
been obtained only at exorbitant prices
entirely out of line with current rates,
taking into account the quantities involved
and the usual practices in obtaining such
quantities.
If the Contractor is delayed in completion of
the work by failure of the City to acquire
clear right-of-way, or by any act of the City
Engineer or of the City, not contemplated
by the contract, an extension of time com-
mensurate with the delay in completion of
the work thus caused will be granted and
the Contractor shall be relieved from any
claim for liquidated damages, or engineer-
ing and inspection charges or other penal-
ties for the period covered by such exten-
sion of time; provided that the Contractor
shall notify the City Engineer in writing of
the causes of delay within 15 days from the
beginning of any such delay. The City
Engineer shall ascertain the facts and the
extent of the delay, and his findings shall
be final and conclusive.
SECTION 6 - PROPOSAL
6.01 Proposal Form - All proposals must be
made upon appropriate forms furnished by
the City Engineer. All proposals must give
the prices bid for the various items of work
and must be signed by the bidder.
All proposals shall be submitted as directed
in the "Notice to Bidders" in a sealed enve-
lope plainly marked "proposal," and iden-
tifying the project to which the proposal re-
lates and the date of the bid opening.
6.02 Bid Guarantees - Bid Guarantees will be
required from each bidder with his bid in
the amount of ten (10) percent of the
amount of the bid, guaranteeing that bidder
will not withdraw his bid for a period of
sixty (60) days after the scheduled closing
time for receipt of bids and that he will en-
INSTRUCTIONS TO BIDDERS • 6
ter into a contract if awarded such contract,
and such guarantee may be in the form of:
a. A bid bond obtained from any qualifying
surety company authorized to do
business in the State of California, or
b. A certified or cashier's check payable to
the order of the City of San Rafael, or
c. Cash.
All checks shall be made payable to the
City. All bid bonds shall provide for pay-
ment of the principal sum thereof to the
obligee, if bidder fails to execute formal
contract awarded him. In the event of the
withdrawal of said bid within said period, or
the failure of the bidder to enter into said
contract and give the contract bonds within
five days after he has received notice of the
acceptance of his bid, the bidder shall be li-
able to the City for the full amount of the
bid guarantee as representing the damage
to the City on account of the default of the
bidder in any particular hereon. Upon such
default by the bidder to whom the contract
is awarded, the City shall cash the bid
check, or recover the guaranty filed by such
bidder, and hold the same as liquidated
damages, and not as penalty for such
failure or neglect, it being expressly
stipulated by and between all parties
concerned that it would be impracticable
and extremely difficult from the nature of
the case to fix the actual damages
sustained by the City as the result of such
failure or neglect and that such guaranty is
presumed and determined to be the amount
of damages sustained. If the contract be
awarded to the next lowest responsible
bidder, then Section 37935 of the
Government Code of the State of California
shall be applicable.
After the successful bidder has executed all
necessary contract documents all other bid
guarantees will be returned to the remain-
ing bidders.
6.03 Disqualification of Bidders - More than
one proposal from an individual, firm, or
partnership, a corporation or an association
under the same or different names, will not
be considered. Reasonable ground for
believing that any bidder is interested in
more than one proposal for the work will
cause rejection of all proposals in which
such bidder is interested. If there is reason
to believe that collusion exists among the
bidders, none of the participants in such
collusion will be considered. Prc pesals in
which the prices are obviously unbalanced
may be rejected.
6.04 List of Subcontractors - In accordance
with Chapter 2, Division 5, Title 1 of the
Government Code, each proposal shall have
listed the name and address of each
subcontractor to whom the bidder proposes
to sublet portions of the work. Subcontract-
ors shall be listed on the form provided in
the proposal.
6.05 Bids for Entire Project - Bids must be
for the entire project, unless otherwise
specifically provided. Bid forms shall be
properly completed with all items filled out;
in case of discrepancy the written numbers
shall be considered as correct; numbers
shall be stated both in writing and in
figures, and all prices and notations must
be typed or written legibly in ink. Mistakes
may be crossed out and corrections inserted
adjacent, if initialed in ink by the person
signing the bid. Commun-ications serving
to qualify a bid will not be considered for
any purpose. The City shall have the right
to determine the low bidder by
consideration of and to accept or reject any
and all alternative or optional bids called for
in the bid forms. Their order of listing shall
in no way indicate the order in which
alternate or optional bids may be accepted
or rejected.
6.06 Bidders - Name and Address - Each bid
must give the full business address of the
bidder, and be signed by him with his usual
signature. Bids by partnerships must
furnish the full name of all partners, and
must be signed by the partnership name by
one of the members of the partnership, or
by an authorized representative, followed by
the signature and designation of the person
signing. Bids by corporations must be
signed with the legal name of the corpora-
tion, and with the signature of the
president and/or other designated person
authorized to bind the corporation.
6.07 Receipt and Withdrawal of Proposals -
Any bid may be withdrawn at any time prior
to the time set for opening of bids.
Thereafter no bid may be withdrawn for a
period of 30 days. The withdrawal of a bid
does not prejudice the right of a bidder to
file a new bid. Bids will not be received after
the time and date fixed in the Notice to
Bidders.
6.08 Opening of Proposals - Proposals will
be opened and read publicly at the same
time and place indicated in the Notice to
Bidders. Bidders or their authorized agents
are invited to be present.
6.09 Award of Contract - The City reserves
the right to reject any and all proposals
and/or to waive any irregularities therein.
The award of the contract, if it is awarded,
will be to the lowest responsible bidder
whose proposal complies with all the
requirements prescribed. Such award, if
made, will be made within 30 days after the
opening of proposals. All bids will be com-
pared on the basis of the City Engineer's es-
timate of the quantities of work to be done.
6.10 Execution of Contract - Upon receiving
written notice of the acceptance of the
Proposal, the successful bidder shall sign
the Contract Agreement and returned it,
together with the contract bonds and
insurance, in the amount of time perscribed
in the Proposal. If the bidder fails or refuses
to enter into the contract, the check or bid
bond accompanying his bid shall be
forfeited to the City.
INSTRUCTIONS TO BIDDERS • 7
City of San Rafael • California
Department of Public Works
PROJECT BID PROPOSAL
TO: The City Council of the City of San Rafael
In compliance with your invitation for bids dated . _ 19_ the undersigned hereby
proposes to furnish all labor, equipment and materials for the project entitled:
Project Name & No.
All work will be performed in strict accordance with the Plans, Specifications, and Contract
Documents. In consideration of the following amount(s) attached hereto, the undersigned
further agrees that, upon written of the acceptance of this bid, he will:
1. Execute a contract within _ calendar days upon formal notification of the acceptance of
this Proposal .
2. Provide a "Faithful Performance Bond" for 100% of the contract price.
3. Provide a "Labor and Materials Bond" for 100% of the contract price.
4. Provide Insurance in accordance with the Contract Documents and the following amounts:
Public Liability - Not less than $1,000,000 per person and $5,000,000 for one occurence.
Property Damage - Not less than $1,000,000 for one occurence.
5. Obtain a City Business License prior to the commencement of work.
6. Commence the work within _ calendar days after the date of receipt of a written "Notice to
Proceed."
7. Complete the work within _ working days thereafter.
8. Pay the City the sum of $_ for each and every calendar day's delay in finishing the work
in excess of the number of working days prescribed above.
The representations made below are made under penalty of perjury.
The undersigned acknowledges receipt of the following addenda:
Write Addendum No's
Enclosed is a "Bid Guarantee," consisting of a
Describe Form of Guarantee
in the amount of : which is not less than 10% of the total bid.
Name of Firm
Business Address
State of Incorporation
City State Zip Code Phone
Valid Contractor's License No. Class of License Expiration Date
Signature of Responsible Offical
Names of All Partners
Title of Official
PROPOSAL • 1
LIST OF SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4114, inclusive, of the Public
Contract Code of the State of California, each Bidder shall set forth the name, location
of the place of business and contractor's license number of each subcontractor whom
the Bidder proposes to have perform work or labor or render service to him/her in or
about the construction of the work in an amount in excess of one-half of one percent
(0.5%) of the total amount of the Bidder's proposal; and the portion of the work which
will be done by each such subcontractor.
Each subcontractor must obtain a City Business License prior to commencement
of their portion of work on the project.
List below the name, location of the place of business and contractor's license number
of each subcontractor and the portion of the work to be done by each subcontractor:
1.
3.
a
5.
Q
Name of Subcontractor Contractors License No.
Location of Place of Business Portion of Work
Name of Subcontractor Contractors License No.
Location of Place of Business Portion of Work
Name of Subcontractor Contractors License No.
Location of Place of Business Portion of Work
Name of Subcontractor Contractors License No.
Location of Place of Business Portion of Work
Name of Subcontractor Contractors License No.
Location of Place of Business Portion of Work
Name of Subcontractor Contractors License No.
Location of Place of Business Portion of Work
PROPOSAL • 2
PRICES OF ITEMS
NOTE: In the event of error or conflict in the prices set forth below, the "Unit Price" will
govern. In the event that the "Unit Price" is illegible or indistinguishible it shall be
established by dividing the "TotalPrice" by the "Number of Units."
NO. ITEM
QUANTITY UNITS UNIT PRICE TOTAL PRICE
1.
@ _
2.
@ _
3.
@ _
4.
@ _
5.
@ _
6.
@ _
7.
@ _
8.
@ _
9.
@ _
10.
@ _
11.
@ _
12.
@ _
13.
@ _
14.
@ _
15.
@ _
16.
@ _
17.
@ _
18.
@ _
19.
@ _
20.
@ _
GRAND TOTAL BID $
PROPOSAL • 3
NON -COLLUSION AFFIDAVIT
State of California
County of ss.
, being first duly
sworn, deposes and says that he or she is
(owner, a partner, president, secretary, etc.)
of the party making the foregoing bid; that the bid is not
made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; not directly or indirectly induced or solicited any
other Bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the
contract or anyone interested in the proposed contract; that an statements contained in the
bid are true; and, further, that the Bidder has not, directly, or indirectly, submitted his or her
bid price or any breakdown thereof, or paid, and will not pay, any fee to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Signature of Representative of Bidder
Subscribed and sworn to before me,
a Notary Public in and for the
State of California, County of
this day of , 19_
Signature of Notary Public
My commission expires , 19_.
(Seal)
NON -COLLUSION AFFIDAVIT • 1
City of San Rafael • California
Form of Contract Agreement
for
This Agreement is made and entered into this _ day of 19_ by and between
the City of San Rafael (hereinafter called City) and (hereinafter called Contractor).
Witnesseth, that the City and the Contractor, for the considerations hereinafter named,
agree as follows:
II - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described
in the specifications for the project entitled: , all in accordance
with the requirements and provisions of the Contract Documents as defined in the
General Conditions which are hereby made a part of this Agreement.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within _ working days after the date of such notice
and with such extensions of time as are provided for in the General Conditions.
IIII - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, 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
and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City, the sum of $ for each and every calendar day's delay in finishing the
work in excess of the number of working days prescribed above; and the Contractor
agrees to pay said liquidated damages herein provided for, and further agrees that the
City may deduct the amount thereof from any moneys due or that may become due the
Contractor under the contract.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by
the work covered by the Contract.
NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE
1. ( Sample Form of Schedule)
V - Progress Payments
(a). On not later than the 6th day of every month the Public Works Department
shall prepare and submit an estimate covering the total quantities under each
item of work that have been completed from the start of the job up to and
including the 25th day of the preceding month, and the value of the work so
AGREEMENT • 1
completed determined in accordance with the schedule of unit prices for such
items together with such supporting evidence as -nay be required by the City
and/or Contractor.
(b). On not later than the 15th day of the month, the City shall, after deducting
previous payments made, pay to the Contractor 90% of the amount of the
estimate as approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the
expiration of 35 days following the filing of the notice of completion and
acceptance of the work by the Public Works Department.
(d). The Contractor may elect to receive 100% of payments due under the contract
from time to time, without retention of any portion of the payment by the public
agency, by depositing securities of equivalent value with the public agency in
accordance with the provisions of Section 4590 of the Government Code. Such
securities, if deposited by the Contractr, shall be valued by the City's Finance
Director, whose decision on valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor , including the retained percentage, shall be paid to the Contractor by
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
constitute a waiver of all claims by the Contractor , except those previously made
and still unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST:
Jeanne M. Leoncini
City Clerk
CITY OF SAN RAFAEL:
Albert Boro
Mayor
AGREEMENT • 2
APPROVED AS TO FORM: CONTRACTOR:
Gary T. Ragghianti
City Attorney for
AGREEMENT • 3
DEFINITIONS
Acknowledgement of A written notice issued by the City Engineer acknowledging physical
Completion completion of work in accordance with the plans, specifications and
agreements - applicable only to private projects. This is not a recorded
Notice of Completion.
Addendum Written or graphic instruments issued prior to the opening of bids
which clarify, correct or change the bidding or the contract docu-
ments. The term Addendum shall include bulletins and all other types
of written notices issued to potential bidders prior to opening of bids.
Agency Any City, County, or special district which has adopted these specifi-
cations and has jurisdiction over the work being performed.
Agency Engineer The Civil Engineer appointed by. the governing body of an Agency to
act on its behalf who has authority over construction work performed
within its jurisdiction. This term also includes properly authorized
agents of the Agency Engineer acting within the scope of their
authority.
Agency Project A project constructed by others under a contract with and paid for by
an Agency or Force Account work paid for by an Agency.
Base A layer of specified material of planned thickness placed immediately
below pavement or surfacing.
Bidder Any individual, firm, corporation, or agent thereof submitting a pro-
posal for work.
Bid Guaranty The cash, certified check or bidder's surety bond accompanying the
bid as a guaranty that the bidder will enter into a contract with the
Governing Body for the performance of the Work.
Bond Bid, performance and payment bond or other instrument of security.
Change Order A written order to the Contractor signed by the City directing an
addition, deletion or revision in the work, or an adjustment in the
contract price or the contract time issued after the effective date of
the contract. A change order may or may not be signed by the
Contractor.
City The City of San Rafael
City Engineer The San Rafael City Engineer, or other designated persons, acting as
the authorized agents of the City Engineer.
Code The term Government Code, Labor Code, etc. refer to codes of the
State of California.
Contract A written agreement governing the performance of work and the fur-
nishing of plant, labor, tools, equipment and materials.
Contractor The person, persons, copartnership or corporation who has entered
into a contract with the City or any Contractor performing work
which is governed by a City permit or agreement.
Contract Price The total amount of money for which the contract is awarded.
Contract Unit Price The amount stated in the bid for a single unit of an item of work.
DEFINITIONS • 1
Department of Public The Department of Public Works of any City or County using these
Works specifications.
Electrolier Street light assembly complete including foundation, standard, lu-
minaire arm, luminaire, etc.
Engineer A licensed engineer retained by the owner of a private project to pre-
pare plans and/or act as "Engineer of Work," for that project.
Governing Body The City Council, Board of Supervisors, or Board of Directors of any
City, County, or Special District with jurisdiction over work performed
under these specifications.
House Sewer A sewer, wholly within private property, proposed to connect any,
building to a lateral sewer.
Laboratory The Materials Testing Laboratory maintained by the City, or labo-
ratories authorized by the City Engineer to test materials and work.
Luminaire The lamp housing including the optical and socket assemblies (and
ballast if so specified).
Luminaire Arm The structural member, bracket or mast arm, which, mounted on the
standard, supports the luminaire.
Major Bid Item A single contract item constituting 10% or more of the original con-
tract price.
Modification Includes change orders and supplemental agreements. A modification
may only be issued after the effective date of the contract.
Notice of Award The written notice by the City to the successful bidder stating that
upon compliance by the bidder with the required conditions, the City
will execute the contract.
Notice of Completion A written notice issued by the City acknowledging physical completion
of the construction of all improvements shown on the plans and
required by the contract.
Notice to Proceed A written notice given by the City to the Contractor fixing the date on
which the contract time will start.
Owner In the case of City projects, the term owner means the contracting
agency. In the case of private projects, the term owner means the per-
son who is working or having work done under permit or agreement
with the City.
Pavement The uppermost layer of material placed on the traveled way or shoul-
ders. This term is used interchangeably with "surfacing."
Person Any individual, firm, association, partnership, corporation, trust,
joint venture, or other legal entity.
Plans The plans, profiles, typical cross-sections, and working drawings, or
reproductions thereof, which show the location, character, dimen-
sions and details of the work to be done, as approved by the City
Engineer, and which are a part of the contract.
Private Construction All construction, other than City projects, done under permit or
of Private Projects agreement with the City, and subject to City inspection.
DEFINITIONS 9 2
Proposal See Bid.
Reference
Those bulletins, standards, rules, methods of analysis or tests, codes,
Specifications
and specifications of other agencies, engineering societies, or indus-
trial associations referred to in the contract documents. These refer to
the latest edition, including amendments in effect and published at
the time the City adopted or approved the plans and specifications for
the work, unless specifically referred to by edition, volume, or date.
Rights -of -Way
The full width of land, irrespective of the current use, which by deed,
map, conveyance, agreement, easement, dedication, usage or process
of law, is reserved for, dedicated to, or used by the general public for
street, highway, alley, public utility, drainage or pedestrian walkway
purposes.
Roadway
That portion of a right-of-way included between the outside lines of
sidewalks, or curbs, slopes, ditches, channels, waterways, including
all appertaining structures and features necessary for proper
drainage and protection.
Sewer
Any conduit intended for the reception and transfer of sewage and
fluid industrial waste.
Shoulder
That portion of the completed roadway between the edge of traveled
way and the side slopes or ditches.
Soils Engineer
Any soils engineering firm, or authorized representative of such a
firm, which is retained by the owner of a project for the purpose of re-
porting, designing, testing, or controlling grading, installation of
pavements, or trench backfill, and/or means to handle subsurface
water.
Special Provisions Supplementary provisions to these specifications which are a part of
the contract.
Specifications The directions, provisions and requirements contained herein and in
the Special Provisions pertaining to performance of work, quantities
and qualities of materials and labor to be furnished under the con-
tract.
Standard Drawings Those drawings designated by the City Engineer as standard draw-
ings at the time an agency contract or agreement is entered into or
permit is issued. If not specifically called otherwise, the standard
drawings shall be those titled "Standard Drawings for the Cities and
County of Marin."
State the State of California.
State Specifications The latest edition of Standard Specifications, State of California,
Department of Transportation, at the time of approval of plans by
agency.
Storm Drain Any conduit and appurtenances intended for the reception and trans-
fer of storm water.
Street The full width of the right-of-way of any traveled way whether or not
maintained by a public agency, except streets forming part of the
State Highway System.
DEFINITIONS • 3
Subbase A layer of specified material of planned thickness between a base and
the basement material.
Subcontractor An individual, firm or corporation having a direct contract with the
Contractor or with any other subcontractor for the performance of a
part of the work.
Subgrade The portion of the roadway on which pavement, surfacing, base, sub-
base, or a layer of any other material is placed.
Supervision Supervision, where used to indicate supervision by the engineer, shall
mean the performance of obligations, and the exercise of rights,
specifically imposed upon and granted to the City in becoming a party
to the contract. Except as specifically stated herein, supervision by
the City shall not mean active and direct superintendence of details of
the work or responsibility for quality of work.
Supplemental A written amendment of the contract documents signed by both par -
Agreement ties.
Surety An individual, firm or corporation, bound with and for the Contractor
for the acceptable performance, execution, and completion of the
work and for the satisfaction of all obligations incurred.
Surfacing The uppermost layer of material placed on the traveled way or shoul-
ders. This term is used interchangeably with "pavement."
Traveled Way That portion of the roadway which is used for the movement of vehi-
cles.
Utility Tracks, overhead or underground wires, pipelines, conduits, ducts, or
structures, sewers, or storm drains owned, operated, or maintained
in or across a public right-of-way or private easement.
Work That which is proposed to be constructed or done with the contract or
permit, including the furnishing of all labor, materials and equip-
ment.
DEFINITIONS • 4
x
ABBREVIATIONS
Wherever in these specifications and other contract documents the following abbreviations and
terms are used the meaning shall be as follows:
ABS
Acrylonitrile -butadiene -styrene
DW Appr.
Driveway Approach
AC
Asphalt Concrete
Dwg
Drawing
ACP
Asbestos Cement Pipe
E
Existing
Alt.
Alternate
EC
End Curve
Amer.Std.
American Standard
ECR
End of Curb Return
AWG
American Wire Gage
EG
Edge of Gutter
BC
Begin Curve
EGL
Energy Grade Line
BCR
Beginning of Curb Return
EL
Elevation
Bdry.
Boundary
ELC
Electrolier Lighting Conduit
BM
Bench Mark
Eng.
Engineer, Engineering
BVC
Begin Vertical Curve
EP
Edge of Pavement
B/W
Back of Walk
Esmt.
Easement
CAP
Corrugated Aluminum Pipe
EVC
End Vertical Curve
C & G
Curb and Gutter
Exc
Excavation
CB
Catch Basin
Exp. Jt.
Expansion Joint
CBR
California Bearing Ratio
° F
Degrees Fahrenheit
C -C
Center to Center
Fab.
Fabricate
CF
Curb Face
F & C
Frame and Cover
UP
Cast Iron Pipe
FC
Face of Curb
CIPCP
Cast in Place Concrete Pipe
FD
Floor Drain
CLF
Chain Link Fence
Fdn.
Foundation
CL
Centerline
Fed. Spec.
Federal Specifications
CMP
Corrugated Metal Pipe
FG
Finish Grade
FH
Fire Hydrant
CMPA
Corrugated Metal Pipe Arch
F & I
Furnish and Install
CO
Cleanout
FL
Flow Line
Col.
Column
F/N
Face of Wall
Conc.
Portland Cement Concrete
FS
Finish Surface
Const.
Construct, Construction
Ftg.
Footing
Coord.
Coordinate
Ft. -Lb.
Foot -Pound
CP
Concrete Pipe - Not Reinforced
G
Grade
CSP
Corrugated Steel Pipe
Ga.
Gauge
CTB
Cement Treated Base
Galv.
Galvanized
CV
Check Valve
GB
Grade Break
D
Diameter
GIP
Galvanized Iron Pipe
DF
Douglas Fir
GM
Gas Meter
DI
Drop Inlet
GP
Guy Pole
DL
Dead Load
Grtg.
Grating
DT
Drain Tile
GSP
Galvanized Steel Pipe
DW
Driveway
HB
Hose Bib
ABBREVIATIONS • 1
ID
Inside Diameter
PL
Property Line
Insp.
Inspection
PMP
Perforated Metal Pipe
Inv.
Invert
POC
Point on Curve
IP
Iron Pipe
POT
Point on Tangent
ISM
Imported Subbase Material
PP
Power Pole
JB
Junction Box
PRC
Point on Reverse Curve
Jct.
Junction
PRVC
Point on Reverse Vertical
Curve
Lab.
Laboratory
PVC
Polyvinyl Chloride
LH
Lamp Hole
PVMT
Pavement
HC
House Connection
PVT. R/W
Private Right of Way
Hdwl.
Head Wall
Q
Rate of Flow in Cubic Feet
Per Second
HGL
Hydraulic Grade Line
Quad.
Quadrangle, Quadrant
Hor.
Horizontal
R
Radius
Hp.
Horse Power
RAC
Recycled Asphalt Concrete
HPG
High Pressure Gas
RAP
Reclaimed Asphalt
Pavement
HPS
High Pressure Sodium (Light)
RC
Reinforced Concrete
Hyd.
Hydraulic
RCP
Reinforced Concrete Pipe
HWY
Highway
RCV
Remote Control Valve
LL
Live Load
Ref.
Reference
Long.
Longitudinal
Reinf.
Reinforced, Reinforcement
LP
Lamp Post
Res.
Reservoir
LPS
Low Pressure Sodium (Light)
RET
Return Point
LTS
Lime Treated Base
RR
Railroad
Maint.
Maintenance
RAN
Right -of -Way
Max.
Maximum
RWD
Redwood
Meas.
Measure
S
Slope
MH
Man Hole
SD
Storm Drain
Mil. Spec.
Military Specifications
SDR
Standard Thermoplastic
Pipe Dimension
Misc.
Miscellaneous
Ratio (ratio of pipe O.D. to
minimum wall thickness)
MON
Monument
SI
International System of
Units (Metric)
MVL
Mercury Vapor Light
Spec.
Specifications
OC
On Center
SS
Sanitary Sewer
OD
Outside Diameter
Sta.
Station
Orig.
Original
Std.
Standard
PB
Pull Box
PC
Point of Curvature
Str. Gr.
Straight Grade
PCC
Point of Compound Curvature or
Struc.
Structural/Structure
Portland Cement Concrete
SW
Sidewalk
PCVC
Point of Compound Vertical Curve
Tan.
Tangent
PE
Polyethylene
TC
Top of Curb
PI
Point of Intersection
Tel.
Telephone
ABBREVIATIONS 0 2
Topo.
Topograph
TS
Traffic Signal or Transition Structure
TSC
Traffic Signal Conduit
T/W
Top of Wall
Typ.
Typical
URB
Untreated Rock Base (Aggregate
Base)
VB
Valve Box
VC
Vertical Curve
VCP
Vitrified Clay Pipe
Vert.
Vertical
VG
Valley Gutter
Vol.
Volume
WI
Wrought Iron
WM
Water Meter
WPJ
Weakened Plane Joint
X -Sec
Cross Section
YD
Yard Drain
ABBREVIATIONS • 3
ORGANIZATIONS
A A N
American Association of Nurserymen
A B A G
Association of Bay Area Governments
A A S H O
American Association of State Highway Officials
A I S C
American Institute of Steel Construction
A I S I
American Iron and Steel Institute
ANSI
American National Standards Institute
API
American Petroleum Institute
AREA
American Railway Engineering Association
A S M E
American Society of Mechanical Engineers
ASTM
American Society for Testing Materials
A W P A
American Wood Preservers Association
AWS
American Welding Society
A W W
American Water Works Association
B A A Q M D
Bay Area Air Quality Management District
Bell
Bell Telephone
B C D C
San Francisco Bay Conservation and Development Commission
Caltrans
California Department of Transportation
EIA
Electronic Industries Association
IEEE
Institute of Electrical and Electronics Engineers
LGVSD
Las Gallinas Valley Sanitation District
M M W D
Marin Municipal Water District
MTC
Metropolitan Transportation Commission
NEMA
National Electrical Manufacturers Association
N M C W D
North Marin County Water District
N O A A
National Oceanic and Atmospheric Admin. (Dept. of Commerce)
OSHA
Occupational Safety and Health Act
P G & E
Pacific Gas and Electric Company
SRSD
San Rafael Sanitation District
U L
Underwriters Laboratories, Inc.
USA
Underground Service Alert
U S G S
United States Geological Survey
U S A S U
United States of American Standards Institution
ORGANIZATIONS • 1
SYMBOLS
0 Delta, the central angle
L Angle
% Percent
Feet or Minutes
is Inches or Seconds
# Number
/ Per of Of (between words)
O Degree
SYMBOLS • 1
CONTRACT PROVISIONS
SECTION 7 - GENERAL
7.01 Notice to Proceed...................................................................................1
7.02 Contract Documents............................................................................. f
7.03 Furnishing of Plans and Specifications..................................................1
7.04 Coordination of Plans and Spec-ifications..............................................1
7.05 Extra Work...........................................................................................1
7.06 Removal of Obstructions.......................................................................1
7.07 Disposal of Materials.............................................................................1
7.08 Sanitation.............................................................................................1
7.09 Trench Shoring.....................................................................................1
7.10 Final Cleaning Up.................................................................................1
7.11 Errors and Omissions...........................................................................1
7.12 No Personal Liability..............................................................................2
7.13 Responsibility of City.............................................................................2
7.14 Right-of-Way.........................................................................................2
SECTION 8 - PROGRESS OF WORK
8.01 Suspension of Contract.........................................................................2
8.02 Temporary Suspension of Work.............................................................2
8.03 Utility and Non -Highway Facility Delays................................................3
8.04 Contractor's Responsibility for the Work and Materials ...........................3
8.05 Relief from Maintenance and Responsibility...........................................4
8.06 Property Rights in Materials..................................................................4
8.07 Re-examination of Work........................................................................4
8.08 Removal of Defective and Unauthorized Work........................................4
SECTION 9.- MEASUREMENT AND PAYMENT
9.01 Measurement of Quantities....................................................................5
9.02 Scope of Payment..................................................................................5
9.03 Progress Payments................................................................................5
9.04 Payment of Withheld Funds...................................................................5
9.05 Final Payment After Completion of Work................................................6
9.06 Force Account Payment.........................................................................6
CONTRACT PROVISIONS • INDEX
CONTRACT PROVISIONS
SECTION 7 - GENERAL
7.01 Notice to Proceed - Contractor shall
commence work within the number of days
designated in the Bid Proposal after written
notice to do so by Engineer. Time for
completion of work will be computed from
date of said notice to commence work. The
allowable time for completion of the work is
set forth in the special conditions.
7.02 Contract Documents - Contract
documents which shall constitute the entire
contract for said work include the following:
a. Notice to Bidders
b. Instructions to Bidders
C. All Addenda Issued
d. Accepted Proposal
e. Subcontractors Statement
f. Non -Collusion Affidavit
g. Contract
h. Faithful Performance Bond
i. Labor and Material Bond
j. Plans and Drawings
k. Special Provisions
I. Uniform Construction Standards
Cities and County of Marin
7.03 Furnishing of Plans and Specifications -
The City will furnish without cost to
Contractor sufficient copies of the plans and
specifications.
7.04 Coordination of Plans and Specifica-tions
- The specifications, the plans, and all
supplementary documents are essential parts of
the contract. All requirement occurring in one is
as binding as though occurring in all. They are in-
tended to be cooperative, to describe, and to pro-
vide for a complete work. In case of conflict, plans
shall govern over specifications.
7.05 Extra Work - New and unforeseen work
will be classed as extra work when such
work cannot be covered by any of the
various items or combination of items for
which there are bid prices.
The Contractor shall not do extra work ex-
cept upon written order from the City
Engineer. For such extra work, the
Contractor shall receive payment as pre-
viously agreed upon in writing, or he shall be
paid on force account as provided in Section
9.06.
7.06 Removal of Obstructions - Where the
completion of the work requires their
removal, the Contractor shall remove and
dispose of all structures, debris, or other
obstructions encountered in making the
improvement. Unless otherwise provided in
the Special Provisions, full compensation for
performing this work shall be considered as
included in the contract payments for other
items of work and no additional
compensation will be allowed therefor.
7.07 Disposal of Materials - The Contractor
shall make his own arrangement for
disposing of materials outside the public
right-of-way, construction area, or limits of
work, and he shall pay all costs involved.
Full compensation for all costs involved in
disposing of materials shall be considered as
included in the price paid for the contract
item of work involving such materials.
7.08 Sanitation - The Contractor shall provide
all necessary privy accommodations for the
use of his employees on the work and shall
maintain same in a clean and sanitary
condition.
7.09 Trench Shoring - If the amount bid for
the excavation of any trench or trenches five
(5) feet or more in depth is in excess of
Twenty-five Thousand Dollars ($25,000.00)
then the following requirements shall apply
pursuant to Section 6422 of the Labor Code.
Prior to excavation of any trench or trenches
five. (5) feet or more in depth the Contractor
shall submit to and have approved by City a
detailed plan showing the design of shoring,
bracing, sloping, or other provisions to be
made for worker protection from the hazard
of caving ground during the excavation of
such trench or trenches. If such plan varies
from the shoring system standards
established by the Construction Safety
Orders of the Division of Industrial Safety,
the plan shall be prepared by a Registered
Civil or Structural Engineer. Nothing in this
section shall be deemed to allow the use of a
shoring, sloping, or protective system less
effective than that required by the
Construction Safety Orders of the Division of
Industrial Safety.
7.10 Final Cleaning Up - Before acceptance
and final payment, the Contractor shall
clean all streets, roads, borrow pits, and all
ground occupied by him in connection with
CONTRACT PROVISIONS • 1
the work, of all rubbish, excess materials,
temporary structures, and equipment. All
parts of the work shall be left in a neat and
presentable condition. Natural ground cover
disturbed by haul roads shall be restored to
its condition prior to inspection of the work.
7.11 Errors and Omissions - If the Contractor,
in the course of the work, finds any error or
omission in plans or in the Iayout as given
by the plans and the physical conditions of
the locality, he shall promptly notify the
Engineer. Any work done after such
discovery, unless authorized in writing, shall
be done at the Contractor's expense.
7.12 No Personal Liability - Neither the
Governing Body, City Engineer, nor any
other officer or authorized agent or assistant
of the City shall be personally responsible for
any liability arising under the contract.
7.13 Responsibility of City - The City shall not
be held responsible for the care or protection
of any material or parts of the work prior to
final acceptance, except as expressly
provided in these specifications or the
Special Provisions.
7.14 Right -of -Way - The right-of-way for the
work to be constructed shall be provided by
the City. The Contractor shall make his own
arrangements, and pay all expenses for
additional area required by him outside of
the limits of right-of-way, unless otherwise
provided in the Special Provisions.
Section 8 - Progress of work
8.01 Suspension of Contract - If at any time,
in the opinion of the City Engineer, the
Contractor has failed to supply adequate and
suitable equipment, work force, or material,
or has failed in any other respect to
prosecute the work with the diligence
specked and intended in and by the terms
of the contract, written notice thereof will be
served upon him. If he neglects or refuses to
comply with the contract, as directed by the
City Engineer, within the time specified in
such notice, the City may suspend operation
of the contract. Upon receiving notice of
suspension, the Contractor shall discontinue
said work, or such parts of it as the City
Engineer may designate. Upon suspension,
the Contractor's control shall terminate, and
CONTRACT PROVISIONS • 2
the City may do all or any combination of
the following:
a. Engineer or his duly authorized representa-
tive may take possession of all or any part
of the Contractor's materials upon the
premises; use same to complete the con-
tract; hire such forces, buy or rent machin-
ery, tools, appliances and equipment; and
buy such additional materials and supplies
as may be necessary for the proper conduct
of the work and completion thereof.
b. Employ other parties to carry the contract
to completion, employ the necessary work-
men, substitute other machinery or mate-
rials, and purchase the materials con-
tracted for, in such manner as the City may
deem proper.
C. The City Engineer may annul and cancel
the contract and relet the work or any part
thereof.
Any excess of cost arising therefrom over
and above the contract price will be
charged against the Contractor and his
sureties, who will be liable therefor. In the
event of suspension, all money due the
Contractor, or retained under the terms of
this contract, shall be forfeited toward any
excess of cost over the contract price, aris-
ing from the suspension and completion of
work by the City as above provided. The
Contractor will be credited with any sur-
plus remaining after all just claims for such
completion have been paid.
On the completion of the contract, the orig-
inal Contractor shall be entitled to the re-
turn of all his unused materials, and his
equipment, tools and appliances, except
that he shall have no claim on account of
usual and ordinary depreciation, loss, and
wear and tear.
The City Engineer's determination whether
there has been non-compliance with the
contract which warrants the suspension or
annulment thereof, shall be binding and
conclusive.
8.02 Temporary Suspension of Work - The
City Engineer shall have the authority to
suspend the work wholly or in part, for such
period as he may deem necessary, due to
unsuitable weather, or to such other
conditions as are considered unfavorable for
the suitable prosecution of the work, or for
such time as he may deem necessary for the
Contractor to correct portions of the work
which are faulty due to the failure on his
part to carry out orders given, or to perform
any provision of the contract. The Contractor
shall immediately comply with the written
order of the City Engineer to suspend the
work wholly or in part. The suspended work
shall be resumed when conditions are
favorable and methods corrected, as ordered
or approved in writing by the City Engineer.
In the event that a suspension of work is
ordered, as provided above, by reason of the
failure of the Contractor to carry out orders
or to perform any provision of the contract;
or by reason of unsuitable weather
conditions when in the sole opinion of the
City Engineer any item or items of work
could have been performed prior to the
occurrence of such unsuitable weather
conditions had the Contractor diligently
prosecuted the work; the Contractor, at his
expense, shall do all the work necessary to
provide a safe, smooth, and unobstructed
passageway through construction for use by
public traffic during period of such sus-
pension, as provided in Section 12 of these
specifications and as specified in the Special
Provisions for the work. In the event that the
Contractor fails to perform the work above
specified, the City will perform such work
and the cost thereof will be deducted from
moneys due or to become due the
Contractor.
In the event that a suspension of work is
ordered by the City Engineer due to unsuit-
able weather conditions, and in the sole
opinion of the City Engineer, the Contractor
has prosecuted the work with energy and
diligence prior to the time that operations
were suspended, the cost of providing a
smooth and unobstructed passageway
through the work will be paid for as extra
work as provided in Section 7.05 of these
specifications, or at the option of the
Engineer, such work will be performed by
the City at no cost to the Contractor.
If the City Engineer orders a suspension of
all of the work or a portion of the work which
is the current controlling operation or
operations, due to unsuitable weather or to
such other conditions as are considered
unfavorable to the suitable prosecution of
the work, the days on which the suspension
is in effect shall not be considered working
days. If a portion of work at the time of such
suspension is not a current controlling
operation or operations, but subsequently
does become the current controlling
operation or operations, the determination of
working days will be made on the basis of
the then current controlling operation or
operations.
If a suspension of work is ordered by the
City Engineer, due to the failure on the part
of the Contractor to carry out orders given or
to perform any provision of the contract, the
days on which the suspension order is in
effect shall be considered working days if
such days are working days within the
meaning of the definition set forth in Section
5.04 "Time of Completion."
In the event of a suspension of work under
any of the conditions set forth in this
Section, such suspension of work shall not
relieve the Contractor of his responsibilities
as set forth in Section 12, "Responsibility to
the Public."
8.03 Utility and Non -Highway Facility Delays -
It is anticipated that some or all of the utility
and other non -highway facilities, both above
ground and below ground, that are required
to be rearranged (as used herein,
rearrangement includes installation,
relocation, alteration or removal) as part of
the highway improvements will be
rearranged in advance of construction op-
erations. Where it is not anticipated that
such rearrangement will be performed prior
to construction, or where the rearrangement
must be coordinated with the Contractor's
construction operations, the existing
facilities that are to be rearranged will be
indicated on the plans or in the Special
Provisions. Where a rearrangement is
indicated on the plans or in the Special
Provisions, the Contractor will have no
liability for the costs of performing the work
involved in such rearrangement.
The right is reserved to the City and the
owners of facilities, or their authorized
agents, to enter upon the highway right-of-
way for the purpose of making such changes
as are necessary for the rearrangement of
their facilities or for making necessary
connections or repairs to their properties.
The Contractor shall cooperate with forces
engaged in such work and shall conduct his
operations in such a manner as to avoid any
unnecessary delay or hindrance to the work
being performed by such other forces.
Wherever necessary, the work of the
Contractor shall be coordinated with the
rearrangement of utility or other non -
highway facilities, and the Contractor shall
make arrangements with the owner of such
facilities for the coordination of the work.
Any utility or other non -highway facility
necessary to be rearranged but not included
as a contract item of work shall be
rearranged by the Contractor when ordered
CONTRACT PROVISIONS 0 3
by the City Engineer in writing. Any such
work will be paid for as extra work.
Should the Contractor desire to have any
rearrangement made in any utility facility, or
other improvement, for his convenience in
order to facilitate his construction
operations, which rearrangement is in
addition to, or different from the rear-
rangements indicated on the plans or in the
Special Provisions, he shall make whatever
arrangements are necessary with the owners
of such utility or other non -highway facility
for such rearrangement and bear all
expenses in connection therewith.
Attention is directed to the possible exis-
tence of underground facilities not known to
the City or in a location different from that
which is shown on the plans or in the
Special Provisions. The Contractor shall take
steps to ascertain the exact location of all
underground facilities prior to doing work
that may damage such facilities or interfere
with their service.
Where it is determined by the City Engineer
that the rearrangement of an underground
facility, which is not shown on the plans or
in the Special Provisions, is essential in
order to accommodate the highway
improvement, the City Engineer will provide
for the rearrangement of such facility by
other forces or such rearrangement shall be
performed by the Contractor and will be paid
for as extra work.
Any delays to the Contractor's operations
solely because utility or other non -highway
facilities are not rearranged, as provided in
this Section, due to a strike or labor dispute,
will entitle the Contractor to an extension of
time as provided in Section 5.05 "Liquidated
Damages." The Contractor shall be entitled
to no compensation for such delay.
8.04 Contractor's Responsibility for the Work
and Materials - Until acceptance, the
Contractor shall have the charge and care of
the work and of the materials to be used
therein (including materials for which he has
received partial payment or materials which
have been furnished by the City) and shall
bear the risk of injury, loss, or damage to
any part thereof by the action of the
elements or from any other cause
whatsoever, except as provided in Section
8.05, "Relief from Maintenance and
Responsibility." The Contractor shall rebuild,
repair, restore, and make good all injuries,
losses, or damages to any portion of the
CONTRACT PROVISIONS • 4
work or the materials occasioned by any
cause before its completion and acceptance
and shall bear the expense thereof, except
for such injuries, losses or damages to any
portion of the work or the materials
occasioned by any cause before its comple-
tion and acceptance and shall bear the ex-
pense thereof, except for such injuries,
losses, or damages as are directly and
proximately caused by acts of the Federal
Government or the public enemy. Where
necessary to protect the work or materials
from damage, the Contractor shall, at his
expense, provide suitable drainage of the
roadway and erect such temporary struc-
tures as are necessary to protect the work or
materials from damage. The suspension of
the work from any cause whatever shall not
relieve the Contractor of his responsibility
for the work and materials as herein
specified. If ordered by the City Engineer,
the Contractor shall, at his expense, prop-
erly store materials which have been par-
tially paid for by the City or which have been
furnished by the City. Such storage by the
Contractor shall be on behalf of the City and
the City shall at all times be entitled to the
possession of such materials. The Contractor
shall promptly return the same to the site of
the work when requested. The Contractor
shall not dispose of any of the stored
materials unless authorized in writing by the
City Engineer.
8.05 Relief from Maintenance and
Responsibility - If the Contractor requests,
the City Engineer may relieve him of the
duty of maintaining and protecting certain
portions of the work as described below,
which have been completed in all respects in
accordance with the City Engineer.
Thereafter, except with his consent, the
Contractor will not be required to do further
work thereon. Such action by the City
Engineer will relieve the Contractor of
responsibility for injury or damage to the
completed portions of the work resulting
from use by public traffic, the action of the
elements, or any other cause, other than
injury or damage resulting from the
Contractor's own operations or his
negligence.
Portions of the work for which the
Contractor may be relieved of the duty of
maintenance and protection, as provided in
the above paragraph, include, but are not
limited to, the following:
a. The completion of one-quarter mile of
roadway, one-quarter mile of one
roadway of a divided highway, a
frontage road including the traveled
way.
b. Shoulders, drainage control facilities,
planned roadway protection work,
lighting and required traffic control
and access facilities appurtenant to
the work described in sub -paragraph
(1)-
C. A bridge or other structure of major
importance.
d. A complete unit of a traffic control
signal system or of a highway lighting
system.
e. A complete unit of highway protection
work.
f. Required traffic control and access
facilities if the roadway or structure is
to be used by public traffic before
completion of the contract.
g. Non -highway facilities constructed for
other agencies.
Nothing in this Section providing for relief
from maintenance and responsibility will be
construed as relieving the Contractor of full
responsibility for correcting defective work or
materials discovered at any time before the
formal written acceptance of the entire
contract.
8.06 Property Rights in Materials - Nothing in
the contract shall be construed as vesting in
the Contractor any right of property in the
materials used after they have been attached
or affixed to the work or the soil, or after
payment has been made for 90 percent of
the value of materials delivered to the site of
the work, or stored subject to or under the
control of the City. All such materials shall
become the property of the City upon being
so attached or affixed or upon payment of 90
percent of the value of materials delivered to
the site of the work, or stored subject to or
under the control of the City.
8.07 Re-examination of Work - Re-exam-
ination of any work may be ordered by the
City Engineer, and, if so ordered, the work
must be uncovered by the Contractor. If
such work is found to be in accordance with
the contract documents, the City shall pay
the cost of the re-examination and
replacement. If such work does not comply
with the contract documents, the Contractor
shall pay the costs.
8.08 Removal of Defective and Unauthorized
Work - All work which has been rejected as
defective in its construction, or deficient in
any of the requirements of these
specifications, shall be remedied or removed
and replaced by the Contractor in an
acceptable manner. No compensation will be
allowed for such correction.
Any work done beyond the lines and grades
shown on the plans or established by the
City Engineer, and any extra work done
without order by the City Engineer, will be
considered as unauthorized and will not be
paid for. Work so done may be ordered
removed at the Contractor's expense.
If the Contractor fails to comply forthwith
with any order of the City Engineer made
under the provisions of these specifications,
the City Engineer shall have authority to
cause defective work to be remedied or
removed and replaced, and unauthorized
work to be removed, and to deduct the costs
thereof from any monies due or to become
due the Contractor.
SECTION 9 - MEASUREMENT AND PAYMENT
9.01 Measurement of Quantities -
Measurements of the completed work shall
be in accordance with United States
Standard Measures and the units of mea-
surement for payment, and the limits
thereof, shall be as shown in the contract.
In determining quantities, all measurements
shall be made as constructed unless
otherwise specked.
Material paid for by the ton shall be weighed
on platform scales furnished by the
Contractor, or on public scales at the
expense of the Contractor. A ton shall con-
sist of 2,000 pounds avoirdupois. Weigh tags
shall be turned in to the City Inspector on
the job at the time weighted materials are
delivered. Scale sheets may be required by
the City Engineer at any time subsequent to
delivery of weighted material.
When material is to be measured and paid
for on a volume basis and it would be im-
practical to determine the volume, or if when
requested by the Contractor and approved
by the City Engineer, the material will be
weighed and converted to volume
measurement for payment purposes. Factors
for conversion from weight measurement to
volume measurement will be determined by
the City Engineer and shall be agreed to by
CONTRACT PROVISIONS 0 5
the Contractor before such method of
measurement will be adopted.
All expense incurred in conforming to the
above requirements for measuring the
weighing materials shall be as included in
the contract unit prices paid for the mate-
rials being measured or weighed. No addi-
tional allowance will be made therefor.
Quantities of material wasted or disposed of
in a manner not called for under the
contract, rejected loads of material, in-
cluding material rejected after it has been
placed by reason of the failure of the
Contractor to conform to the provisions of
the contract, material not unloaded from the
transporting vehicles, material placed
outside the lines indicated on the plans or
given by the City Engineer, or material
remaining on hand after completion of the
contract will not be paid for, and such
quantities will be deducted from the final
total quantities. No compensation will be
allowed for hauling rejected material.
9.02 Scope of Payment - The Contractor shall
accept the compensation, as herein
provided, as full payment for furnishing all
plant, labor, materials, tools, equipment,
and incidentals 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, action of the
elements, unforeseen difficulties which may
be encountered during the prosecution of
the work, expenses incurred in consequence
of the suspension or discontinuance of the
work as herein specified, and for completing
the work according to plans and
specifications. Neither the payment of any
estimate nor retained percentage shall
relieve the Contractor of his obligation to
correct defective work or material.
9.03 Progress Payments - The City Engineer
will, once a month, on or about the 25th of
each month, make an inspection of the work
in progress and prepare an estimate of the
amount of work completed since the last
such inspection or start of work. Monthly
progress payments in the amount of 90
percent of the value of the work will be made
to the Contractor based on this estimate and
the schedule of prices contained in the
accepted bid. The remaining 10 percent will
be retained by the City as partial security for
the fulfillment of the contract except that at
CONTRACT PROVISIONS • 6
any time after fifty (50) percent of the work
has been completed, if the Engineer fords
that satisfactory progress is being made and
the projects critical path of work are on
schedule, the City may discontinue any
further retention. Such discontinuance will
only be made upon the written request of the
Contractor. The City may, at any time the
Engineer finds that satisfactory progress is
not being made, again institute retention of
ten (10) percent as specified above. Payment
will be made as soon as possible after the
preparation of the estimate.
No estimate or payment shall be made if, in
the judgment of the City Engineer, the work
is not proceeding in accordance with the
provisions of the contract, or when, in his
judgment, the total value of the work done
since the last estimate amounts to less than
$1,000. No progress payments will be made
if the time allotted for the job is 30 working
days or less.
Additionally, as a precondition to City's
progress payments hereunder, Contractor
shall provide to City, prior to payment,
unconditional waivers and releases of stop
notices pursuant to Civil Code §3262(d)(2)
from each Subcontractor and materials
supplier. The form of said waivers and
releases shall be as set forth in Civil Code
§3262(d)(2).
9.04 Payment of Withheld Funds - At the
request and expense of the Contractor,
securities may be substituted for funds
withheld by the City. Any such securities
shall be deposited in escrow with the City's
Finance Director or with a state or federally
chartered bank. The following conditions
shall apply to any such deposit of securities.
a. The eligible securities shall be those
listed in Section 16430 of the California
Code, bank, or savings and loan
certificates of deposit.
b. The Contractor shall bear the expense
of the City and the escrow agent, either
the City Finance Director or the bank,
in connection with the escrow deposit
made.
C. Securities or certificates of deposit to be
placed in escrow shall be subject to ap-
proval of the City Finance Director and
unless otherwise permitted by the
escrow agreement, shall be of a value of
at least 110 percent of the amounts of
retention to be paid to the Contractor
pursuant to this section.
d. The Contractor shall enter into an
escrow agreement satisfactory to the
City Finance Director which agreement
shall contain as a minimum the
following provisions:
1. The amount of securities to be de-
posited.
2. The terms and conditions of
conversion to cash in case of default
by the Contractor.
3. The termination of the escrow upon
completion of the contract.
9.05 Final Payment After Completion of Work -
The City Engineer shall make a final
estimate of the amount of work done and the
value of such work. The City shall pay this
entire sum after deducting all previous
payments and all amounts to be retained
under the provisions of the contract. All
prior partial estimates and payments shall
be subject to correction in the final estimate
and payment. The final payment shall not be
due and payable until 35 days after the
recording of the Notice of Completion.
Additionally, as a precondition to City's final
payment hereunder, Contractor shall provide
to City, prior to payment, unconditional
waivers and releases of stop notices
pursuant to Civil Code §3262(d)(4) from each
Subcontractor and materials supplier. The
form of said waivers and releases shall be as
set forth in Civil Code §3262(d)(4).
9.06 Force Account Payment - Extra work as
hereinbefore defined, when ordered and
accepted, shall be paid for under a written
work order in accordance with the terms
therein provided. Payment for extra work will
be made at the unit price or lump sum
previously agreed upon by the Contractor
and the City Engineer, or by force account.
When payment is made on a force account
basis the amount shall be determined in
accordance with Sections 9-1.03 through 9-
1.03D of the State Specifications.
CONTRACT PROVISIONS 0 7
GENERAL PROVISIONS
SECTION 10 - CONTROL OF THE WORK
10.01 Authority of the City Engineer and Engineer........................................1
10.02 Plans..................................................................................................1
10.03 Suggestions to Contractor...................................................................1
10.04 Conformity with Plans and Allowable Deviation....................................1
10.05 Interpretation of Plans and Specifications............................................1
10.06 Superintendence.................................................................................1
10.07 Character of Workmen......................................................................... l
10.08 Lines and Grades................................................................................2
10.09 Preservation of Stakes.........................................................................2
10.10 Inspection...........................................................................................2
10.11 Right of Access to Street......................................................................2
10.12 Placing Portions of Work in Service......................................................2
10.13 Extent of Trench Opened Up................................................................2
10.14 Restoration of Injured Property ............................................................2
10.15 Monuments.........................................................................................2
10.16 Stop Work Order.................................................................................3
10.17 Final Inspection..................................................................................3
SECTION 11 - CONTROL OF MATERIALS
11.01 Source of Materials..............................................................................3
11.02 Samples and Tests..............................................................................3
11.03 City Furnished Materials.....................................................................3
11.04 Storage of Materials.............................................................................3
11.05 Defective Materials..............................................................................3
11.06 Trade Names, Alternatives and Substitutions.......................................3
11.07 Substitutions......................................................................................3
11.08 Certificates of Compliance...................................................................3
SECTION 12 - RESPONSIBILITIES TO THE PUBLIC
12.01 Laws to be Observed............................................................................4
A. General Prevailing Wage Rates.........................................................4
B. Fair Employment Practices Provisions..............................................4
12.02 Vehicle Code.......................................................................................6
12.03 Air Pollution........................................................................................6
12.04 Water Pollution...................................................................................6
12.05 Weight Limitations..............................................................................7
12.06 Permits and Licenses...........................................................................7
12.07 Safety Provisions.................................................................................7
12.08 Use of Explosives.................................................................................7
12.09 Preservation of Property .......................................................................8
12.10 Responsibility for Damage...................................................................8
12.11 Disposal of Material Outside the Right-of-Way......................................8
12.12 Public Safety.......................................................................................9
12.13 Public Convenience.............................................................................9
12.14 Maintenance of Traffic.........................................................................10
12.15 Street Closures and Detours................................................................11
12.16 Haul Routes........................................................................................11
SECTION 13 - UNDERGROUND OBSTRUCTIONS
13.01 Existing Utilities Shown on Plans......................................................... 11
13.02 Notification of Utilities.........................................................................11
13.03 Damage to Utilities and Sewers............................................................11
13.04 Utility Relocation.................................................................................11
13.05 Tree Roots...........................................................................................11
GENERAL PROVISIONS • INDEX
SECTION 14 - DUST CONTROL
DustControl................................................................................................ JLZ
SECTION 15 -WATER
Water.......................................................................................................... 12
SECTION 16 - REFERENCE TO STATE SPECIFICATIONS
Reference to State Specifications.................................................................. 12
GENERAL PROVISIONS • INDEX
GENERAL PROVISIONS
SECTION 10 - CONTROL OF THE WORK
10.01 Authority of the City Engineer and
Engineer - The City Engineer shall decide all
questions concerning quality or ac-
ceptability of materials furnished and work
performed, manner of performance, rate of
progress, interpretation of plans and
specifications, compensation for work per-
formed and all questions as to the accept-
able fulfillment of the contract by the
Contractor. The City Engineer's decision
shall be final, and he shall have authority
to enforce and effectuate such decisions
and orders as the Contractor fails to carry
our promptly.
On all work where a private Engineer has
furnished the design or been designated
Engineer of Work by the owner, his ap-
proval of proposed changes, materials,
quality of work, manner of performance,
rate of progress, and interpretation of plans
and specifications shall be sought and ob-
tained in addition to the approvals granted
by the City Engineer.
10.02 Plans - All authorized alterations
which affect the requirements and infor-
mation given on the approved plans shall be
in writing. No changes shall be made to any
plan or drawing after it has been approved
by the City Engineer, except by his written
consent. Working drawings or plans for any
structure not included in the plans
furnished by the Engineer must be
approved by the City Engineer before any
work involving these plans is performed.
The approval of any drawing or method of
work proposed by the Contractor shall not
relieve him of his responsibility for errors
therein and shall not be, regarded as as-
sumption of risk or liability by the City or
officer or employee thereof. The Contractor
shall have no claim under the contract due
to failure, partial failure, or inefficiency of
any plan or method so approved. Such ap-
proval shall be construed only to mean that
the City Engineer has no objection to the
Contractor's using, upon his own full re-
sponsibility, the plan or method proposed.
A complete and up-to-date set of approved
plans and specifications shall be kept at the
job site at all times work is in progress.
10.03 Suggestions to Contractor - Any plan
or method for work suggested by the City
Engineer to the Contractor, but not
specified or required, if adopted or followed
by the Contractor in whole or in part, shall
be used at the risk and responsibility of the
Contractor. Neither the City Engineer nor
the City shall assume any responsibility
therefor.
10.04 Conformity with Plans and Allowable
Deviation - Finished surfaces in all cases
shall conform with the lines, grades, cross
sections, and dimensions shown on the
approved plans. Deviations from the
approved plans, as may be required by the
exigencies of construction, will be
determined, in all cases, by the City
Engineer.
10.05 Interpretation of Plans and
Specifications - If it appears that the work
to be done, or any matter relative thereto, is
not sufficiently detailed or explained in the
specifications and plans, the Contractor
shall apply to the City Engineer for further
explanations as necessary, and shall con-
form to such explanation or interpretations
as part of the contract. In the event of a
discrepancy between scaled dimensions and
written figures, the figures shall be taken as
correct.
10.06 Superintendence - Before initial work
is begun, the Contractor and his foreman
shall file with the City Engineer addresses
and telephone numbers where they can be
reached during working and non -working
hours.
The Contractor shall be on the work con-
stantly during its progress or shall be rep-
resented by a superintendent or foreman
who is competent to receive and carry out
any instructions that may be given him by
the proper authorities. The Contractor will
be held liable for faithful observance of any
instructions which may be delivered to him
or his representative, on the work or at the
addresses or telephone numbers filed as re-
quired by the preceding paragraph.
10.07 Character of Workmen - If any sub-
contractor or person employed by the
Contractor fails or refuses to carry out the
directions of the City Engineer or appears to
the City Engineer to be incompetent or acts
in a disorderly or improper manner, he
shall be discharged immediately on demand
GENERAL PROVISIONS 0 1
by the City Engineer, and such person shall
not again be employed on the work.
10.08 Lines and Grades - Lines and grades
for the work will be given by the Engineer or
City Engineer. All distances and
measurements are given and will be made
in a horizontal plane, unless otherwise
provided. Grades are given from top of
stakes or nails, or other points set by the
Engineer or City Engineer.
Three consecutive points shown on the
same rate of slope must be used together,
in order to detect any variation from a
straight grade. In case any such variation is
found, it must be reported to the Engineer
or City Engineer. If such a variation is not
reported the Contractor shall be responsible
for any error in the finished work.
The Contractor shall give at least 2 working
days' notice when he will require the ser-
vices of the City Engineer for laying out any
portion of the work.
10.09 Preservation of Stakes - The
Contractor shall take every reasonable pre-
caution to preserve survey stakes, used for
alignment of grade, to facilitate checking by
the City Engineer. Stakes unnecessarily
disturbed shall be re -set by the Engineer or
City Engineer at the Contractor's expense
or by the owner's Engineer. In case of
disputed grades, it shall be assumed that
any lost or disturbed stake was set at the
proper grade and alignment was properly
marked.
10.10 Inspection - The City Engineer shall
have access to the work at all times during
construction, and shall be furnished with
every reasonable facility to determine the
progress, workmanship, and character of
materials used and employed in the work.
The Contractor shall give the City Engineer
notice of the time when he or his subcon-
tractor will start the various units or opera-
tions of the work, or resume said units or
operations when properly suspended. Notice
shall be given at least 1 working day in
advance of the starting or resumption time.
Any work performed by the Contractor or
his subcontractors outside the scope of the
notice shall be removed if so ordered by the
City Engineer, or his representative on the
work.
GENERAL PROVISIONS 0 2
10.11 Right of Access to Street - The right is
reserved to the City, street, railroads, water,
sewer, gas, electric, telephone, T.V. and
telegraph companies to enter upon the
street for the purpose of making repairs,
changes and new installations necessitated
by the improvement thereof, or for neces-
sary maintenance.
Making of repairs, changes and new instal-
lations necessitated by the improvement
causing delays to the Contractor shall be
approved by the City Engineer. The City
Engineer and Contractor shall agree upon
any time delay or monetary damage in
writing as a supplemental agreement.
10.12 Placing Portions of Work in Service - If
requested by the City, portions of the work,
as completed, shall be placed in service.
The Contractor shall give proper access to
the work for this purpose. Such use and
operation shall not constitute an
acceptance of the work, and the Contractor
shall be liable for defects due to faulty
construction until the entire work under
the contract is finally accepted.
10.13 Extent of Trench Opened Up - In
existing roadways, no more than 500 feet of
trench shall be open at any given time. An
open trench is a trench which has not been
completely backfilled, satisfactorily
compacted, and in paved areas, capped
with at least 1 inch of temporary paving.
This requirement may be modified only
upon written permission from the City
Engineer, unless otherwise specified in the
Special Provisions.
10.14 Restoration of Injured Property - The
Contractor shall restore all injured
property, including curbs, gutters, pave-
ments, sidewalks, pipes, conduits, sewers,
and other public and/or private property to
a condition as good as, or better than, it
was when he entered upon the work.
10.15 Monuments - The Contractor shall not
disturb any survey monument until the
monument rivet, disc, or reference mark
therein has been "tied out" by a field survey
party of the City. The Contractor shall sal-
vage and deliver to the City, all monument
castings removed during the progress of the
work. The City will, at its expense, do the
necessary surveying and reconstruct all
City Survey monuments necessarily dis-
turbed by the Contractor's operations. In
the event that the Contractor disturbs any
City survey monument before same has
been "tied out" by the City or unnecessarily
disturbs any City survey monument during
construction operations, the City will reset
such monuments at the expense of the
Contractor.
10.16 Stop Work Order - Whenever work is
proceeding contrary to plans or specifica-
tions, or in violation of applicable ordi-
nances or laws, or in such way as to endan-
ger life or property, the City Engineer may
order the work stopped by notice in writing
served on any persons engaged in doing or
causing such work to be done, and such
persons shall forthwith stop such work
until authorized to proceed by the City
Engineer.
10.17 Final Inspection - Whenever the work
provided and contemplated by the contract
shall have been completed and the final
cleaning up performed, the City Engineer
will make the final or completion
inspection.
SECTION 11 - CONTROL OF MATERIAL
11.01 Source of Materials - Prior to
commencement of any work, the Contractor
shall submit to the City Engineer, a list of
the suppliers or sources of all materials to
be incorporated in the work. This list shall
be approved by the City Engineer before
any of the materials are brought to the job
site.
Notwithstanding any prior inspection or
approval, only materials conforming to the
requirements of these specifications and the
Special Provisions shall be incorporated in
the work. The materials furnished and used
shall be new, except as may specifically be
provided on the plans or in the Special
Provisions. The materials shall be
manufactured, handled, and used in a
workmanlike manner to insure completed
work in accordance with the plans and
specifications.
11.02 Samples and Tests - Submittal of
representative preliminary samples of ma-
terials to be used in the work may be re-
quired by the City Engineer if specified in
the special provisions.
All tests of materials furnished or work
done by the Contractor shall be made, in
accordance with the methods in use by the
laboratory of Caltrans or by commonly
recognized standards of national organiza-
tions, and such special methods and tests
as are prescribed in these specifications.
Whenever a reference is made in the specifi-
cations to a test method, it shall mean the
test method in effect on the day the City
adopted or approved the plans and specifi-
cations for the work unless specifically re-
ferred to by edition, volume or date.
Materials may be tested at any time during
the progress of the work, and defective ma-
terials will be rejected.
11.03 City Furnished Materials - Materials
furnished by the City will be made available
at locations designated in the Special
Provisions. The cost of handling and placing
City furnished materials shall be considered
as included in the price paid for the
contract item involving such materials. The
Contractor will be held responsible for all
materials furnished to him, and he shall
pay all demurrage and storage charges. City
furnished materials lost or damaged by the
Contractor shall be replaced by the
Contractor. The Contractor will be liable to
the City for the cost of replacing City -
furnished material and such costs may be
back -charged to the Contractor or deducted
from any monies due or to become due.
11.04 Storage of Materials - Materials shall
be stored in a manner which will insure the
preservation of their quality and fitness for
the work. When considered necessary by
the City Engineer, materials shall be placed
on platforms or other hard, clean surfaces
and covered when directed. Materials shall
be stored so as to facilitate inspection.
No materials, or other obstructions, shall be
placed within 15 feet of, nor obstruct access
to, fire hydrants, nor within 5 feet of United
States mailboxes.
11.05 Defective Materials - All materials
which do not conform to the requirements
of these specifications shall be considered
as defective, and such materials, whether in
place or not, shall be rejected and
immediately be removed from the site of the
GENERAL PROVISIONS 0 3
work, unless otherwise permitted by the
City Engineer. No rejected material, the
defects of which have been subsequently
corrected, shall be used until approved by
the City Engineer.
If the Contractor fails to comply with any
order made under the provisions of this ar-
ticle, the City Engineer shall have authority
to remove and replace the defective ma-
terial, to charge the Contractor, or to
deduct the cost of removal and replacement
from any monies due or to become due.
11.06 Trade Names, Alternatives and
Substitutions - For convenience in desig-
nation on the plans or in the specifications,
certain articles or materials to be incorpo-
rated in the work may be designated under
a trade name or the name of a
manufacturer and his catalog information.
Such designation shall, in accordance with
Govt. Code Section 4380, be deemed
followed by the words "or equal." The use of
an alternative article or material which is of
equal quality and of the required
characteristics for the purpose intended will
be permitted, subject to the following
requirements:
A. The burden of proof as to the quality
and suitability of alternatives shall be
upon the Contractor. He shall furnish
all necessary information as required
by the Engineer or City Engineer.
B. The City Engineer shall be the sole
judge as to the quality and suitability
of alternative articles or materials and
his decision shall be final.
C. Requests for substitution of
equivalent materials or articles shall
be submitted to the City Engineer in
writing along with the required
supplementary data within 7 days
following award of the contract or as
specified in the Special Provisions.
11.07 Substitutions - The Contractor shall
furnish such information, test data,
samples or references requested by the City
Engineer so that an accurate appraisal of
any proposed substitution can be made.
Approval of substitutes will be in writing.
GENERAL PROVISIONS 0 4
11.08 Certificates of Compliance - A
Certificate of Compliance shall be furnished
prior to the use of any materials for which
these specifications or the Special
Provisions require that such a certificate be
furnished. In addition, when so authorized
in these specifications or in the Special
Provisions, the Engineer may permit the
use of certain materials or assemblies prior
to sampling and testing if accompanied by a
Certificate of Compliance. The certificate
shall be signed by the manufacturer of the
material or the manufacturer of assembled
materials and shall state that the materials
involved comply in all respects with the re-
quirements of the specifications. A
Certificate of Compliance shall be furnished
with each lot of material delivered to the
work and the lot so certified shall be clearly
identified in the certificate.
All materials used on the basis of a
Certificate of Compliance may be sampled
and tested at any time. The fact that mate-
rial is used on the basis of a Certificate of
Compliance shall not relieve the Contractor
of responsibility for incorporating material
in the work which conforms to the
requirements of the plans and
specifications and any such material not
conforming to such requirements will be
subject to rejection whether in place or not.
The City reserves the right to refuse to per-
mit the use of material on the basis of a
Certificate of Compliance.
The form of the Certificate of Compliance
and its disposition shall be as directed by
the Engineer.
SECTION 12 - RESPONSIBILITIES TO THE
PUBLIC
12.01 Laws to be Observed - The Contractor
shall keep himself fully informed of all State
and Federal laws and County and
Municipal ordinances and regulations
which, in any manner, affect those engaged
or employed in the work, the materials used
in the work, the conduct of the work, and of
all such orders and decrees of bodies or
tribunals having any jurisdiction or
authority over the same. He shall at all
times observe and comply with, and shall
cause all his agents and employees to ob-
serve and comply with all such existing and
future laws, ordinances, regulations, or-
ders, and decrees of bodies or tribunals
having any jurisdiction or authority over
the work; and shall protect and indemnify
the City, and all officers and employees
thereof connected with the work, including
but not limited to the City Engineer against
any claim or liability arising from or based
on the violation of any such law, ordinance,
regulation, order, or decree, whether by
himself or his 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
shall forthwith report the same to the City
Engineer.
A) General Prevailing Wage Rates
Reference is made to the list of
General Prevailing Wage Rates set
forth by the Director of Industrial
Relations, State of California,
pursuant to the California Labor
Code. Copies of said Wage Rates
are on file in the Public Works
Department of the City of San
Rafael, City Hall, Room 300, San
Rafael, California, and are available
to any interestedparty upon
request. Contractor shall post a
copy of the General Prevailing Wage
Rates, which are a part of this
Contract, on each job site as
required by the California Labor
Code.
Certified copies of Contractor's
payroll shall be provided owner
upon request.
B) Fair Employment Practices
Provisions
In connection with the performance
of work under this contract, the
Contractor agrees as follows:
(1) The Contractor will not willfully
discriminate against any employee
or applicant for employment
because of race, color, religion,
ancestry, or national origin. The
Contractor will take affirmative
action to ensure that applicants are
employed, and that employees are
treated during employment,
without regard to their race, color,
religion, ancestry, or national
origin. Such action shall include,
but not be limited to, the following:
employment, upgrading, demotion
or transfer; recruitment or
recruitment advertising; layoff or
termination; rates of pay or other
forms of compensation; and
selection for training, including
apprenticeship. The Contractor
agrees to post in conspicuous
places, available to employees and
applicants for employment, notices
to be provided by the awarding
authority setting forth the
provisions of this Fair Employment
Practices section.
(2) The Contractor will send to each
labor union or rep-resentative of
workers with which he has a
collective bargaining agreement or
other contract or understanding, a
notice, to be provided by the
awarding authority, advising the
said labor union or workers'
representative of the Contractor's
commitments under this section,
and shall post copies of the notice
in conspicuous places available to
employees and applicants for
employment.
(3)The Contractor will permit access
to his records of employment,
employment advertisements,
application forms, and other
pertinent data and records by the
Fair Employment Practices
Commission, the awarding
authority or any other appropriate
agency of the State of California
designated by the awarding
authority, for the purposes of
investigation to ascertain
compliance with the Fair
Employment Practices section of
this contract.
(4) finding of willful violation of the
Fair Employment Practices section
of this contract or of the Fair
Employment Practices Act shall be
regarded by the awarding authority
as a basis for determining the
Contractor to be not a "responsible
bidder" as to future contracts for
which such Contractor may submit
bids, for revoking the Contractor's
prequalification rating, if any, and
for refusing to establish, re-
establish or renew a
GENERAL PROVISIONS • 5
prequalif cation rating for the
Contractor. The awarding
authority shall deem a finding of
willful violation of the Fair
Employment Practices Act to have
occurred upon receipt of written
notice from the Fair Employment
Practices Commission that it has
investigated and determined that
the Contractor has violated the Fair
Employment Practices' Act and has
issued an order under Labor Code
Section 1426 or obtained an
injunction under Labor Code
Section 1429.
Upon receipt of such written notice
from the Fair Employment
Practices Commission, the
awarding authority shall notify the
Contractor that unless he
demonstrates to the satisfaction of
the awarding authority within a
stated period that the violation has
been corrected, his prequalification
rating will be revoked at the
expiration of such period.
(5) The Contractor agrees that should
the awarding authority determine
that the Contractor has not
complied with the Fair Employment
Practices section of this contract,
then pursuant to Labor Code
Sections 1735 and 1775, the
Contractor shall, as a penalty to
the awarding authority, forfeit, for
each calendar day, or portion
thereof, $_ for each person who
was denied employment as a result
of such non-compliance, the
penalties provided in the Labor
Code for violation of pre -wailing
wage rates. Such monies may be
recovered from the Contractor. The
awarding authority may deduct any
such damages from any monies
due the Contractor.
(6) Nothing contained in this Fair
Employment Practices section shall be
construed in any manner or fashion so
as to prevent the awarding authority
from pursuing any other remedies that
may be available at law.
Nothing contained in this Fair
Employment Practices section shall be
construed in any manner or fashion so
GENERAL PROVISIONS 0 6
as to require or permit the hiring of
aliens on public works, as prohibited
by the provisions of Section 1850 of the
California Labor Code, or an employee
not permitted by the National Labor
Relations Act.
(7) Prior to the award of the contract,
the Contractor shall certify to the
awarding authority that he has or
will meet the following standards
for affirmative compliance, which
shall be evaluated in each case by
the awarding authority:
(a) The Contractor shall provide
evidence, as required by the awarding
authority, that he has notified all
supervisors, foremen and other
personnel officers in writing of the
content of the anti -discrimination
clause and their responsibilities under
it.
(b) The Contractor shall provide
evidence, as required by the awarding
authority, that he has notified all
sources of employee referrals (including
unions, employment agencies,
advertisements, Department of
Employment) of the content of the anti-
discrimination clause.
(c) The Contractor shall file a basic
compliance report, as required by the
awarding authority. Willfully false
state-ments made in such reports shall
be punishable as provided by law. The
compliance report shall also spell out
the sources of the work force and who
has the responsibility for determining
whom to hire, or whether or not to hire.
(d) Personally, or through his
representatives, the Contractor shall,
through negotiations with the unions
with whom he has agreements, attempt
to develop an agreement which will:
• Spell out responsibilities for non-
discriminationin hiring, referral,
upgrading and training.
Otherwise implement an
affirmative anti -discrimination
program in terms of the unions'
specific areas of skill and
geography, to the end that
qualified minority workers will be
available and given an equal
opportunity for employment.
• The Contractor shall notify the
contracting agency of opposition
to the anti -discrimination clause
by individuals, firms or
organizations during the period
of its prequalification.
(8) The Contractor will include the
provisions of the foregoing
paragraphs 1 through 7 in every
first tier subcontract so that such
provisions will be binding upon
each such subcontractor.
(9) The form of certificate required
herein is illustrated on the page
immediately following the signature
page of the proposal. This
certification must be executed prior
to award of the contract or, for
convenience, may be executed on
the form provided at the time of
submitting the proposal.
12.02 Vehicle Code - Pursuant to the au-
thority contained in Vehicle Code Section
591, the City has determined that within
such areas as are within the limits of the
project and are open to public traffic, the
following requirements of the Vehicle Code
will apply. The lighting requirements in
Section 25803; the brake requirements in
Chapter 3, Division 12; the splash apron
requirements in Section 27600; and, when
operated on completed or existing treated
base, surfacing, pavement or structures ex-
cept as otherwise provided in Section 12.05
Weight Limitations, the weight limitation
requirements contained in Division 15.
Attention is directed to the statement in
said Section 591 that this section shall not
relieve him or any person from the duty of
exercising due care. The Contractor shall
take all necessary precautions for safe op-
eration of his equipment and the protection
of the public from injury and damage from
such equipment.
Any other requirements set forth in Division
11, 12, 13, 14 and 15 of the Vehicle Code
which the City, pursuant to the Authority
contained in Vehicle Code Section 591, will
require compliance with, will be set forth in
Special Provisions.
12.03 Air Pollution - The Contractor's at-
tention is directed to Regulations of the Bay
Area Air Pollution Control District regarding
disposal of debris or other materials, not
used in the work including any air pollution
control rules, regulations, ordinances and
status, specified in Section 11017 of the
Government Code.
12.04 Water Pollution - The Contractor shall
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.
Nothing in the terms of the contract nor in
the provisions in this Section 12 shall re-
lieve the Contractor of the responsibility for
compliance with the Fish and Game Code
and the Water Quality Control Board or
other applicable statutes relating to pre-
vention or abatement of water pollution.
Erosion control features shall be con-
structed concurrently with other work at
the earliest practicable time. Care shall be
exercised to preserve roadside vegetation
beyond the limits of construction. The
Manual of Standards for Surface Runoff
Control Measures as published by the
Association of Bay Area Governments
(ABAG) is a good reference source. The
Special Provisions will provide details of any
special erosion or stream protection
required of the Contractor.
When borrow material is obtained from
other than commercially operated sources,
erosion of the borrow site during and after
completion of the work shall not result in
water pollution. The material source shall
be fmished, where practicable, so that wa-
ter will not collect or stand within.
The requirements of this section shall apply
to all work performed under the contract
and to all non -commercially operated
borrow or disposal sites used for the pro-
ject. The Contractor shall conform to the
requirements of Chapter 9.30 of the
Municipal Code which regulates urban run-
off pollution.
The Contractor shall also conform to the
following provisions:
A. Where working areas encroach on
Eve streams, barriers adequate to
prevent the flow of muddy water
GENERAL PROVISIONS • 7
into streams shall be constructed
and maintained between working
areas and streams. During
construction of such barriers,
muddying of streams shall be held
to a minimum.
B. Removal of material from beneath a
flowing stream shall not be
commenced until adequate means,
such as a bypass channel, are
provided to carry the stream, free
from mud or silt, around the
removal operations.
C. If the Contractor's operations
require transportation of materials
across live streams, such
operations shall be conducted
without muddying the stream.
Mechanized equipment shall not be
operated in the stream channels of
live streams unless absolutely
necessary to construct crossings or
barriers and fills at channel
changes.
D. Wash water from aggregate
washing or other operations
containing mud or silt shall be
treated by filtration or retention is a
settling pond, or ponds, adequate
to prevent muddying water from
entering live streams.
E. Oily or greasy substances
originating from the Contractor's
operations or work site shall not be
allowed to enter or be placed where
they will later enter a live stream.
F. Fresh portland cement or fresh
portland cement concrete shall not
be allowed to enter flowing water of
streams.
G. When operations are completed,
the now of streams shall be
returned to the greatest possible
extent to a meandering thread
without creating a possible future
bank erosion problem.
H. Material derived from roadway work
shall not be deposited in a live
stream channel where it could be
washed away by high stream flows.
GENERAL PROVISIONS 9 8
I. Where there is possible migration of
anadromous fish in streams
affected by construction on the
project, the Contractor shall
conduct his operations to insure
free passage of such migratory fish.
Full compensation for conforming to the
provisions herein shall be considered as
included in the prices paid for the contract
items of work involved in compliance with
said provisions and no additional compen-
sation will be allowed therefor.
12.05 Weight Limitations - Unless expressly
permitted in the Special Provisions,
construction equipment or vehicles of any
kind which, laden or unladen, exceed the
maximum weight limitations set forth in
Division 15 of the Vehicle Code, shall not be
operated over completed or existing treated
base, surfacing, pavement or structures in
any areas within the limits of the project,
whether or not such area is subject to
weight limitations under Section 12.02,
"Vehicle Code," except as hereinafter
provided in this section 12.05.
Within the limits of the project, subject
to the control of the City Engineer,
provided . that the Contractor, at his
expense, provides such protective
measures as are deemed necessary by
the City Engineer and repairs any
damage caused by such operations, the
Contractor will be permitted to:
A. Make transverse crossings of
portions of an existing public road
or street which are within the
highway right-of-way, with con-
struction equipment which exceeds
the size or weight limitations set
forth in Division 15 of the Vehicle
Code.
B. Make transverse crossings of
treated bases, surfacing or
pavement, which are under
construction or have been
completed, with construction
equipment which exceeds the size
or weight limitations set forth in
Division 15 of the Vehicle Code.
C. Cross bridge structures that are
not open to public traffic, designed
for H2O and alternative live loading
(culverts and pipes excluded), with
construction equipment which
exceeds the size of weight
limitations set forth in Division 15
of the Vehicle Code.
12.06 Permits and Licenses - The Contractor
shall procure all permits and licenses, pay
all charges and fees, and give all notices
necessary and incident to the due and
lawful prosecution of the work.
A City Business License must be obtained.
12.07 Safety Provisions - The Contractor
shall conform to the safety rules and regu-
lations established by the California
Division of Industrial Safety and OSHA.
12.08 Use of Explosives - When the use of
explosives is necessary for the prosecution
of the work, the Contractor shall not
endanger life or property. Only competent
reliable men, working under experienced
supervision shall be permitted to use explo-
sives. In advance of any blasting work, the
Contractor shall obtain all necessary per-
mits and clearances and shall comply with
all Federal, State and local laws regulating
the use of explosives. Any requirements
imposed by ordinance or permit to the con-
trary notwithstanding, the Contractor shall
blast only between the hours of 8:00 a.m.
and 5:00 p.m. Blasting at any other time, or
on Sundays and holidays is specifically
prohibited.
12.09 Preservation of Property - Due care
shall be exercised to avoid injury to existing
highway improvements or facilities, utility
facilities, adjacent property, and roadside
trees, shrubs, and other plants that are not
to be removed.
Roadside trees, shrubs, and other plants
that are not to be removed, and pole lines,
fences, signs, markers and monuments,
buildings and structures, under or above
ground, all highway facilities, and any other
improvements or facilities within or
adjacent to the highway shall be protected
from injury or damage. If ordered by the
City Engineer, the Contractor shall provide
and install suitable safeguards, approved by
the City Engineer, to protect such objects
from injury or damage. If such objects are
injured or damaged by the Contractor's op-
erations, they shall be replaced or restored
at the Contractor's expense. The facilities
shall be replaced or restored to a condition
as good as when the Contractor entered
upon the work, or as good as required by
specifications accompanying the contract, if
any such objects are a part of the work be-
ing performed under the contract. The City
Engineer may make or cause to be made
temporary repairs required to restore any
damaged highway facility to service. The
cost of such repairs shall be borne by the
Contractor and may be deducted from any
monies due or to become due to the
Contractor under the contract.
See Section 13 for underground utilities,
sewer, water and storm conduits.
Full compensation for furnishing all labor,
materials, tools, equipment, and inciden-
tals, and for doing all the work involved in
protecting or repairing property as specified
in this Section 12.09, shall be considered as
included in the prices paid for the various
contract items of work and no additional
compensation will be allowed therefor.
12.10 Responsibility for Damage - The City
and all officers and employees thereof
connected with the work shall not be an-
swerable or accountable in any manner: for
any loss or damage that may happen to the
work or any part thereof; for any loss or
damage to any of the materials or other
things used or employed in performing the
work; for injury to or death of any person
either workmen or the public; or for damage
to property from any cause which might
have been prevented by the Contractor, or
his workmen, or anyone employed by him.
The Contractor shall be responsible for any
liability imposed by law and for injuries to
or death of any person or damage to prop-
erty resulting from defects or obstructions
or from any cause whatsoever during the
progress of the work or at any time before
its completion and final acceptance.
The Contractor shall indemnify and save
harmless the City and all officers and em-
ployees thereof connected with the work:
from all claims, suits or actions of every
name, kind, and description brought for or
on account of, injuries to or death of any
person or damage to property resulting
from the construction of the work or by or
in consequence of any negligency in guard-
ing the work; use of improper materials in
GENERAL PROVISIONS 0 9
construction of the work; or by or on ac-
count of any act or omission by the
Contractor or his agents during the
progress of the work or at any time before
its completion and final acceptance.
In addition to any remedy authorized by
law, so much of the money due the
Contractor under and by virtue of the con-
tract as shall be considered necessary by
the City Engineer may be retained by the
City until disposition has been made of
such suits or claims for damages as afore-
said.
The Contractor shall be responsible for any
liability imposed by law and for injuries to
or death of any person or damage to prop-
erty and shall indemnify and save harmless
any county, city or district, its officers and
employees connected with the work, within
the limits of which county, city or district
the work is being performed hereunder, all
in the same manner and to the same extent
as provided above for the protection of the
City and all officers and employees thereof
connected with the work, except that no
retention of money due the Contractor
under and by virtue of the contract will be
made by the City pending disposition of
suits or claims for damages brought against
a county, city, or district other than the
City.
12.11 Disposal of Material Outside the Right -
of -Way - The Contractor shall make his own
arrangements of disposing of material
outside the right-of-way and he shall pay all
costs involved.
When any material is to be disposed of out-
side the right-of-way, the Contractor shall
first obtain a written permit from the prop-
erty owner on whose property the disposal
is to be made and file a copy with the City
Engineer together with a written release
from the property owner absolving the City
from any and all responsibility in connec-
tion with the disposal of material on said
property. Before any material is disposed of
on said property, the Contractor shall also
obtain permission from the City Engineer to
dispose of the material at the location
designated.
When the disposal location is visible from
any street, highway, or other public area,
the Contractor shall dispose of the material
in a neat and uniform manner to the satis-
faction of the Engineer or City Engineer.
GENERAL PROVISIONS • 10
Disposal of hazardous waste material shall
be made per State requirements.
Methods of removal, equipment and loca-
tion of disposal must be approved by the
City Engineer. Any additional cost not in-
cluded in the bid must be approved by the
City Engineer in writing before the work is
started.
12.12 Public Safety - Whenever the
Contractor's operations affect normal con-
ditions for traffic, or for the public, he shall
furnish, erect, and maintain, at his ex-
pense, all fences, barricades, lights, signs
and other devices necessary to prevent ac-
cidents or damage or injury to the public.
Construction area signs shall be furnished,
installed, maintained and removed when no
longer required in accordance with the
provisions in Section 12-3.01 through 12-
3.11 of the State Specifications and any re-
quirements of the Special Provisions. The
Contractor shall also furnish, at his own
expense, flaggers and guards necessary to
give adequate warning to traffic or to the
public of the construction conditions.
Flaggers and guards, assigned to warn the
public that the highway is under construc-
tion and of any dangerous conditions to be
encountered as a result thereof, shall per-
form their duties, and shall be provided
with necessary equipment, in accordance
with the current Caltrans publication
"Instructions to Flaggers." The equipment
shall be furnished and kept clean and in
good repair by the Contractor at his ex-
pense. Signs, lights, flags and other warn-
ing and safety devices shall conform to the
requirements set forth in the current
Caltrans "Manual of Traffic Controls for
Construction and Maintenance Work
Zones," and any signs furnished and
erected by the Contractor at his expense, as
above provided, shall be in addition to such
signs as are furnished by the City as pro-
vided in the Special Provisions. Signs shall
not obscure the visibility of, nor conflict in
intent and meaning with, City -furnished
signs and the size and wording shall be ap-
proved by the City Engineer.
The Contractor shall place "Men Working"
(W-21-1) signs at the limits of work when
working on city streets for any and all
phases of this contract.
The Contractor shall place "Road
Construction Ahead" (C-18) signs and "End
Construction" (C-13) signs at the limits of
work for any and all phases of the contract.
During periods of work in the roadway, the
Contractor shall post and maintain signs
necessary for police radar enforcement of
25 mph construction zone pursuant to
Section 22362 of the California Vehicle
Code.
Should the Contractor appear to be negli-
gent in furnishing warning and protective
measures, the City Engineer may direct his
attention to such conditions. The necessary
warning and protective measures shall
thereupon be furnished and installed by the
Contractor at his expense. No such action
by the City Engineer shall relieve the
Contractor from the primary responsibility
for public safety or abrogate his obligation
to furnish and pay for these devices.
The installation of general roadway illu-
mination shall not relieve the Contractor of
his responsibility for furnishing and
maintaining any of the protective facilities
hereinbefore specified.
No material or equipment shall be stored
where it will interfere with the free and safe
passage of public traffic, and 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 and other obstructions from that
portion of the roadway open for use by
public traffic.
Except as otherwise provided in the Special
Provisions, full compensation for con-
forming to all of the provisions in this
Section 12.12 and in the Special Provisions
shall be considered as included in the
prices paid for the various contract items of
work and no additional compensation will
be allowed therefor.
Where any items or facilities required under
the provisions of this Section are not
provided or are out of service, and an emer-
gency exists that necessitates protective
measures, the City Engineer, or his repre-
sentative, may provide such facilities during
the emergency, and the cost thereof shall be
paid by the Contractor, or deducted from
monies due him on his contract. The City
Engineer or his representative, before
taking emergency action, shall endeavor to
notify the Contractor or his foreman of the
conditions, and to allow the Contractor to
correct them with his own crew, provided
he acts promptly and expeditiously.
12.13 Public Convenience - The Contractor
shall conduct his operations in a manner
which will result in the least possible
obstruction and inconvenience to the
public. He shall undertake 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 the Special
Provisions, all public traffic shall be per-
mitted to pass through the work with as lit-
tle inconvenience and delay as possible.
Spillage resulting from hauling operations
along or across any public traveled way
shall be removed immediately by the
Contractor at his expense.
Existing traffic signal and highway lighting
systems shall be kept in operation for the
benefit of the traveling public during
progress of the work and other forces will
continue routine maintenance of existing
systems.
Construction operations shall be conducted
in a manner which will cause as little in-
convenience as possible to abutting prop-
erty owners.
Convenient access to driveways, house, and
buildings along the line of the work shall be
maintained. Temporary approaches to
crossings or intersecting streets shall be
provided and kept in good condition. When
the abutting property owner's access across
the right-of-way line is to be eliminated, or
to be replaced under the contract by other
access facilities, the existing access shall
not be closed until the replacement access
facilities are usable.
Roadway excavation and the construction of
embankments shall be conducted in a
manner which will provide a reasonably
smooth and even surface satisfactory for
use by public traffic, at all times. Sufficient
fill at culverts and bridges to permit traffic
to cross shall be placed in advance of other
grading operations. If ordered by the
Engineer or City Engineer, roadway cuts
shall be excavated in lifts and embank-
ments shall be constructed part width at a
time, construction being alternated from
one side to the other and traffic routed over
the side opposite the one under construc-
tion. Culvert installation or culvert con-
struction shall be conducted on one-half
the width of the traveled way at a time.
That portion of the traveled way being used
by public traffic shall be kept open and
GENERAL PROVISIONS • 11
unobstructed until the opposite side of the
traveled way is ready for use by traffic.
Upon completion of rough grading at the
grading plane, or placing any subsequent
layer thereon, the surface of the roadbed
shall be brought to a smooth, even condi-
tion, free of humps and depressions, satis-
factory for the use of public traffic.
After subgrade preparation for a specified
layer of material has been completed,the
Contractor shall, at his expense, repair any
damage to the roadbed or completed sub -
grade, including damage caused by his op-
erations or by use by public traffic.
While subgrade and paving operations are
under way, public traffic shall be permitted
to use the shoulders and, if half -width
paving methods are used, shall also be per-
mitted to use the side of the roadbed oppo-
site the one under construction. When
sufficient width is available, a passageway
wide enough to accommodate at least 2
lanes of traffic shall be kept open at all
times at locations where subgrade and
paving operations are in active progress.
Water or dust palliative shall be applied, if
ordered by the City Engineer, for the allevi-
ation or prevention of dust nuisance as
provided in Section 14, "Dust Control."
In order to expedite the passage of public
traffic through or around the work, and
where ordered by the City Engineer, the
Contractor shall install signs, lights, flares,
barricades, and other facilities for the
convenience and direction of public traffic.
Also, where directed by the City Engineer,
the Contractor shall furnish competent
flaggers whose sole duties shall consist of
directing the movement of public traffic
through or around the work. The cost of
furnishing and installing such signs and
flaggers shall be considered as included in
the prices paid for the various contract
items of work and no additional compensa-
tion shall be allowed therefor unless speci-
fied otherwise in the Special Provisions.
12.14 Maintenance of Traffic - Three days
prior to start of work, the Contractor shall
furnish the Engineer with a schedule of
operations. During the contract period, the
Contractor shall coordinate his activities
daily with the Engineer and make every
effort to minimize the disruption of normal
traffic and parking. Normal movement of
GENERAL PROVISIONS 0 12
traffic shall be maintained at all times dur-
ing project construction.
The Contractor shall be responsible for
placing "No Parking" barricades and signs
48 hours prior to roadway excavation,
placement of asphalt concrete, concrete
work or any work requiring such traffic
control. At least one-way traffic shall be
maintained on all streets within the limits
of work during normal working hours.
During periods other than normal working
hours, all street lanes shall be free of ob-
structions and hazards, and shall be made
available for use by traffic.
In those areas designated in the plans,
specifications, or permits as "Limit
Operations Area," all normal street lanes
shall be free of obstructions and hazards
and shall be made available for use by
traffic at all times, except between the
hours specifically allowed by the City
Engineer, or as stated in the Special
Provisions.
Should the Contractor fail to provide for
public safety as specified, or if in the opin-
ion of the Engineer, the signs and warning
devices furnished by the Contractor are not
adequate, the City may place any signs,
warning lights or barricades to protect or
warn the public of any condition connected
with the Contractor's operations and the
Contractor shall become liable to the City at
the rate of 1.75 times the City's actual
costs.
The City will be entitled to assess such
charges against the Contract and deduct
the cost thereof from any money due or that
may become due to the Contractor under
this contract. The action of the City in plac-
ing any warning devices shall not be con-
strued as relieving the Contractor from any
of the Contractor's obligations to provide
adequate warning of construction condi-
tions.
Pedestrian Traffic - The Contractor shall
provide for the safe and convenient passage
of pedestrian traffic throughout the limits of
the job site.
12.15 Street Closures and Detours - No street
shall be completely closed to through traffic
at any time unless permitted in writing by
the City Engineer. The City Engineer may
require that detours be set up when streets
are closed or partially closed. All detour
routes and their signing shall be approved
by the City Engineer before they are set up.
The Contractor shall notify police and fire
departments, the School District, and am-
bulance services of the hours and dates of
the street closures and detour routes at
least 24 hours in advance of their
occurrence, and immediately upon their
discontinuance.
12.16 Haul Routes - The City Engineer may
require the Contractor to use only roads
designated by him as haul routes for
passage of heavy vehicles carrying materials
or supplies to or from the job. Special haul
routes will be as set forth in the Special
Provisions.
SECTION 13 - UNDERGROUND
OBSTRUCTIONS
13.01 Existing Utilities Shown on Plans -
Utility locations and depth shown on the
plans were supplied by the respective utility
companies and are approximate. Every ef-
fort has been made to assure their accuracy
and completeness but no guarantee is im-
plied. The Contractor shall excavate all
possibly conflicting underground facilities
before commencement of work which may
affect their safety. The Contractor shall
make his own arrangements for the utility
companies to have their facilities marked in
the field. Use of USA is recommended.
13.02 Notification of Utilities - The
Contractor shall notify each utility company
2 working days in advance of commencing
each phase of the work which may
endanger any utility, in order that the util-
ity companies may do such work as is re-
quired to maintain uninterrupted service.
13.03 Damage to Utilities and Sewers - The
work shall be prosecuted in a manner
which will protect and avoid doing damage
to all utility mains, services, and appurte-
nances, and sewers. If damage occurs, the
Contractor shall notify the owner immedi-
ately. Storm drains and sanitary sewers will
be repaired by the owner, or the Contractor
will be directed to make the necessary
repairs. All other utility repairs will be made
by the utility owner or his Contractor. All
repairs will be made to the satisfaction of
the owner.
On City projects, if damage was absolutelv
unavoidable, the repairs will be made by
the owner at no expense to the Contractor,
or by the Contractor and compensated for
as extra work. Avoidable damage will be re-
paired at the expense of the Contractor.
13.04 Utility Relocation - On City projects
where utility mains and services conflict
with the proposed improvements the City
will have such conflicting utilities relocated
at no expense to the Contractor, or pay the
Contractor to make such relocations in
accordance with any contract prices.
Attention is directed to the possible exis-
tence of underground facilities not known
to the City or in a location different from
that which is indicated on the plans or in
the Special Provisions. The Contractor shall
take reasonable steps to ascertain the exact
location of all underground facilities prior to
doing work that may damage such facilities
or interfere with their service. If the
Contractor discovers underground facilities
not indicated on the plans or in the Special
Provisions, he shall immediately give the
City Engineer written notification of the
existence of such facilities. Such facilities
shall be protected from damage as directed
by the City Engineer, and the Contractor
will be paid for such work as extra work, as
provided in Section 9-1.03 through 9-1.031)
of the State Specifications.
If the Contractor desires to have any utility
or other improvement moved for his con-
venience in order to facilitate his construc-
tion operation, and should such a move not
be necessitated by a conflict in line or
grade, he shall make whatever arrange-
ments are necessary with the owners of
such utility or improvement and bear all
necessary expenses. No extension of time
will be permitted for this type of relocation.
Adjustments to grade of monument covers,
storm or sanitary sewer manholes, castings,
cleanouts or other access opening castings
made necessary by changing street or grade
of ground in the course of work done on
City projects shall be performed by the
Contractor at no expense to the City or
Sanitary District. The cost of such work
shall be included in other items of work and
no extra compensation will be allowed
therefor unless specified in the Special
Provisions. All such work shall be done in a
GENERAL PROVISIONS • 13
manner satisfactory to the owner of the
affected facility.
13.05 Tree Roots - No tree root shall be
unnecessarily cut in trenching operations.
Excavation around roots shall be performed
by hand. Where a root conflicts with the
grade of the conduit being installed, the
root shall be trimmed neat at the edge of
the excavation or trench, and shall be
painted with an approved tree seal, as
directed by the Engineer or City Engineer.
SECTION 14 - DUST CONTROL
The Contractor shall conduct his operations
in a manner which will protect adjacent
property from annoyance or damage from
dust caused by his operations. When
necessary, he shall take steps to control
dust by the application of water, dust pal-
liative, salt or other suitable means. The
Contractor shall be responsible for dust
control during both working and non-
working hours. On City projects, no sepa-
rate payment shall be made for dust con-
trol, and its cost shall be included in the
prices paid for contract items.
When extreme conditions exist which make
it impossible to control the dust, the
Contractor shall cease grading operations
until conditions improve.
If Contractor fails to comply with the above
requirements, the City Engineer may order
the work to be stopped under the provisions
of Section 10, and may take whatever ac-
tion is necessary to reduce the dust prob-
lem; the cost thereof shall be paid by the
Contractor.
SECTION 15 -WATER
The Contractor shall be responsible for de-
veloping water supply and furnishing all
water required for the work, including water
used in the performance of work paid for as
extra work, and applying all water.
SECTION 16 - REFERENCE TO STATE
SPECIFICATIONS
All work shall be performed in conformance
with the Special Provisions, these
specifications and the stated sections of the
latest edition of the Standard Specifications
of the State of California, Department of
Transportation (Caltrans), at the time of
approval of plans by City. Said stated
GENERAL PROVISIONS 0 14
sections will be designated in these
specifications and/or the Special Provisions
of the State Specifications.