HomeMy WebLinkAbout05-04-2016 City Council Agenda PacketSaratoga City Council Regular Meeting Agenda – Page 1 of 5
SARATOGA CITY COUNCIL
REGULAR MEETING
MAY 4, 2016
5:00 P.M. CLOSED SESSION
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Khanna v. City of Monte Sereno et al. (Santa Clara County Superior Court Case No.
115CV282766)
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Graham v. Saratoga et al. (Santa Clara County Superior Court Case No. 115CV282466)
6:00 P.M. JOINT MEETING
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with Mountain Winery
7:00 P.M. REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
The agenda for this meeting was properly posted on April 29, 2016.
REPORT FROM JOINT MEETING
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters
not on the Agenda. The law generally prohibits the City Council from discussing or taking action
on such items. However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
Saratoga City Council Regular Meeting Agenda – Page 2 of 5
CEREMONIAL ITEMS
Asian American and Pacific Islanders Heritage Month
Recommended Action:
Present proclamation to Saratoga resident John Kang declaring May 2016 as Asian American
and Pacific Islanders Heritage Month.
SPECIAL PRESENTATIONS
None
1. CONSENT CALENDAR
The Consent Calendar contains items of routine business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the Mayor
remove an item from the Consent Calendar for discussion. Public Speakers are limited to
three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on April 20,
2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
04/19/2016 Period 10; and 04/26/2016 Period 10.
1.3. Treasurer’s Report for the Month Ended March 31, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended March 31, 2016.
1.4. Amended Household Hazardous Waste Agreement with Santa Clara County
Recommended Action:
Authorize the City Manager to execute the amended Santa Clara County Household
Hazardous Waste Collection Program Agreement with a $50,245.09 augmentation for
Fiscal Year 2016/17.
1.5. Amended Public Art Policy
Recommended Action:
Adopt the resolution amending the public art policy and confirming termination of the
Arts Commission.
1.6. Authorization to Use City Seal for Saratoga 60th Anniversary Event
Recommended Action:
Approve the resolution permitting the City of Saratoga 60th Anniversary Celebration
Committee to use the City Seal for the event logo and marketing materials.
Saratoga City Council Regular Meeting Agenda – Page 3 of 5
2. PUBLIC HEARING
None
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Lease Agreement with Montalvo Arts Center for PLACE
Recommended Action:
Authorize the City Manager to execute a lease agreement with Montalvo Arts Center for
PLACE and locate the artwork outside of Saratoga Library.
4.2. Award of Contract to G. Bortolotto & Company Inc. for the 2016 Pavement
Management Program
Recommended Action:
1. Move to declare G. Bortolotto & Company Inc. the lowest responsible bidder on the
project.
2. Move to award a construction contract to G. Bortolotto & Company Inc. in the
amount of $939,999.39.
3. Move to authorize staff to execute change orders to the contract up to $220,000.
4.3. Code Compliance Policy
Recommended Action:
Adopt the resolution establishing the City’s Code Compliance Policy.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County
Council Finance Committee
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Mayors and Managers
West Valley Sanitation District
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Public Art Ad Hoc
Saratoga Chamber of Commerce & Destination Saratoga
Santa Clara County Library Joint Powers Authority
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Council Member Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-Selection Committee
Saratoga City Council Regular Meeting Agenda – Page 4 of 5
FAA Select Committee on South Bay Arrivals
Hakone Foundation Board
Public Art Ad Hoc
Saratoga Historical Foundation
Saratoga Sister City Organization
West Valley Solid Waste Management Joint Powers Authority
Council Member Howard Miller
Council Finance Committee
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
VTA Board West Valley Cities Alternate
Council Member Rishi Kumar
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the
meeting of the City Council was posted and available for review on April 29, 2016 at the City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at
www.saratoga.ca.us.
Signed this 29th day of April 2016 at Saratoga, California.
Crystal Bothelio, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us.
Any materials distributed by staff after the posting of the agenda are made available for public
review at the office of the City Clerk at the time they are distributed to the City Council. These
materials are also posted on the City website.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting. [28 CFR 35.102-35.104 ADA title II]
Saratoga City Council Regular Meeting Agenda – Page 5 of 5
04/20 Regular Meeting – 5:00 p.m. CLOSED SESSION, Joint Meeting with Saratoga Ministerial
Association
05/02 Special Meeting – 5:00 p.m. Youth Commission Interviews
05/04 Regular Meeting – Joint Meeting with Mt. Winery
05/18 Regular Meeting – Joint Meeting with Hakone
06/01 Regular Meeting – 5:30 p.m. Joint Meeting with HOA’s at West Valley College, Campus Center
06/15 Regular Meeting – 6:00 p.m. Joint Meeting with County Fire and Santa Clara County Fir eSafe
Council,
07/06 Regular Meeting –5:00 p.m. CLOSED SESSION, 6:00 p.m. Joint meeting with Montalvo Arts
07/20 Meeting Cancelled
08/03 Meeting Cancelled
08/17 Regular Meeting – 4:30 p.m. CLOSED SESSION, 6:00 p.m. Joint Meeting with Chamber of
Commerce and Destination Saratoga
09/07 Regular Meeting – 5:00 p.m. Commission Interviews, 6:00 p.m. Joint Meeting with SASCC
09/21 Regular Meeting – 5:00 p.m. Joint Study Session with Traffic Safety Commission, 6:00 p.m. Joint
Meeting with Youth Commission
10/05 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior Center,
Saunders Room
10/19 Regular Meeting –5:00 p.m. Joint Meeting with Historical Foundation, 6:00 p.m. Joint Meeting
with Sheriff’s Office
11/02 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board of
Trustees
11/16 Regular Meeting – Joint Meeting with Senator Beall Jr.
12/07 Regular Meeting – Joint Meeting with Representative Low
12/20 Reorganization
12/21 Regular Meeting –Council Norms Study Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrati ve Conference
Room at Saratoga City Hall at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL JOINT MEETING CALENDAR 2016
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Mountain Winery
May 4, 2016 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Welcome & Introductions
6:15 p.m. Mountain Winery News & Upcoming Activities
6:45 p.m. Other Remarks & Wrap Up
Dinner will be provided at the Joint Meeting.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint meeting attendees are invited to attend the Regular Session
and share an overview of the joint meeting.
6
SARATOGA CITY COUNCIL
MEETING DATE:March 16, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, Deputy City Clerk
SUBJECT:Asian American and Pacific Islanders Heritage Month
RECOMMENDED ACTION:
Present proclamation to Saratoga resident John Kang declaring May 2016 as Asian American and
Pacific Islanders Heritage Month.
BACKGROUND:
The attached proclamation recognizes May 2016 as Asian American and Pacific Islanders Heritage
Month in the City of Saratoga.
ATTACHMENTS:
Attachment A: Asian American and Pacific Islanders Heritage Month Proclamation
Page 1 of 1
7
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA DECLARING MAY 2016 AS
ASIAN/PACIFIC AMERICAN HERITAGE MONTH
WHEREAS, in 1978, a Joint Congressional Resolution established Asian/Pacific
American Heritage Week to coincide with two important historical milestones: the arrival of
the first Japanese immigrants in the U.S. in May 7, 1843 and contributions of Chinese
workers to the building of the transcontinental railroad completed May 10, 1869; and
WHEREAS, Asian/Pacific Americans have had a profound impact on the United
States and Saratoga community; and
WHEREAS, the United States and the City of Saratoga are enriched by the diverse
cultural contributions residents from areas like the Pacific Islands, China, Japan, Vietnam,
and India; and
WHEREAS, according to the 2010 Census, Asian Americans constitute more than 41
percent of the City of Saratoga’s population; and
WHEREAS, Saratoga is home to a number of Asian/Pacific Americans who serve as
excellent representatives of both the Saratoga Asian/Pacific American community and the
Saratoga community-at-large; and
WHEREAS, John Kang is a resident and business owner in Saratoga, as well as a
volunteer for the Saratoga Village Development Council, which helps to ensure the
livelihood of the Village and build a sense of community in Saratoga; and
WHEREAS, the City Council celebrates “Asian/Pacific American Heritage Month”
by calling upon Saratoga residents to honor Saratoga’s Asian/Pacific Americans and learn
more about the history of Asian Americans and Pacific Islanders.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
does hereby declare May 2016 as Asian/Pacific American Heritage Month and present this
proclamation to Saratoga resident John Kang.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th
day of May 2016.
E. Manny Cappello, Mayor
City of Saratoga
8
SARATOGA CITY COUNCIL
MEETING DATE:May 4, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on April 20, 2016.
BACKGROUND:
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A - Minutes for Regular City Council Meeting on April 20, 2016
9
Saratoga City Council Regular Meeting Minutes – Page 1 of 7
MINUTES
WEDNESDAY, APRIL 20, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
The City Council held a Joint Meeting with the Saratoga Ministerial Association at 6:00 p.m. in
the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue.
At 7:03 p.m., Mayor Cappello called the regular session to order and led the Pledge of
Allegiance.
ROLL CALL
PRESENT: Mayor Manny Cappello, Vice Mayor Emily Lo, Council Members
Mary-Lynne Bernald, Howard Miller, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, City Clerk/Assistant to the City Manager
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Brian Babcock, Administrative Analyst I
Tony McFarlane, Finance Manager
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on April
15, 2016.
Mayor Cappello dedicated the meeting to the memory of Helen Brazil, a longtime Saratoga
resident, active community member, and wife of Saratoga’s first Mayor, Burton Brazil.
REPORT FROM JOINT MEETING
Reverend Eric Swanson, Westhope Church Pastor and member of the Saratoga Ministerial
Association, provided an overview of the Council’s Joint Meeting with the Ministerial
Association.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
ANNOUNCEMENTS
Council Member Kumar announced the America in Bloom Committee’s red geranium contest.
Information is online at http://www.saratogavillage.info/. He also shared that the Santa Clara
County Library District is conducting a customer satisfaction survey. The public can participate
online at http://www.sccl.org/Locations/Saratoga/staff-posts/April-2016/How-Are-We-Doing-
We-Want-To-Hear-From-You. Additionally, Troop 581 is holding a yard sale at Immanuel
Lutheran Church on May 7, 2016 from 9:00 a.m. to 2:00 p.m.
10
Saratoga City Council Regular Meeting Minutes – Page 2 of 7
Council Member Miller noted that on April 22, 2016, the Valley Transportation Authority
(VTA) Board of Directors will be holding a meeting in the morning to discuss a transportation
sales tax measure for the November 2016 ballot. He shared that the tax measure may fund noise
mitigation efforts along State Route 85 and he suggested that other members of the Council and
community attend the meeting to share priorities for the ballot measure. Additionally, he
announced that Saratoga Music Boosters Pancake Breakfast is on May 1 starting at 8:00 a.m.
Information is online at www.saratogamusicboosters.org.
Council Member Bernald shared that there will also be a pancake breakfast at the Saratoga Fire
Station on April 23, 2016 from 8:00 a.m. to 11:00 a.m. Additionally, the Saratoga Historical
Foundation has a new museum exhibit: Pioneers of Santa Cruz Mountains and Sanborn Park.
The Foundation will also be holding an event, Honoring Saratogans, on May 22. Honorees at the
event will include Bob Cancelliere, Ernie Kraule, and Betty Peck. She also reminded the public
that the Foundation is planning to hold its yard sale again this summer, so residents doing spring
cleaning may want to set aside items that they no longer want to be donated for the yard sale.
Vice Mayor Lo announced the Rotary Art Show on April 30 and May 1. Information is online at
http://www.saratogarotaryartshow.org/.
Mayor Cappello reminded everyone that Arbor Day is on April 29 at 3:30 p.m. at West Valley
College. Parking is free in Lot 5. Additionally, the City Council will be holding its annual Joint
Meeting with Saratoga neighborhoods on June 1 at 5:30 p.m. at West Valley College. Parking
will be free in Lot 5.
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Special Meeting on March 28, 2016 and
Regular City Council Meeting on April 6, 2016.
MILLER/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE SPECIAL MEETING ON MARCH 28, 2016 AND REGULAR CITY
COUNCIL MEETING ON APRIL 6, 2016. MOTION PASSED. AYES: CAPPELLO,
LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
04/05/2016 Period 10; and 04/12/2016 Period 10
11
Saratoga City Council Regular Meeting Minutes – Page 3 of 7
MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 04/05/2016
PERIOD 10; AND 04/12/2016 PERIOD 10. MOTION PASSED. AYES: CAPPELLO,
LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.3. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 16-17
Recommended Action:
1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report
for FY 16-17 for renewing the Landscaping and Lighting Assessment District LLA-1.
2. Move to adopt the Resolution of Intention.
RESOLUTIONS NO. 16-024, 16-025
MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 04/05/2016
PERIOD 10; AND 04/12/2016 PERIOD 10. MOTION PASSED. AYES: CAPPELLO,
LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
2. PUBLIC HEARING
2.1. Proposed Fee Schedule Update for FY 2016/17
Recommended Action:
Open the public hearing, listen to public testimony and close public hearing. Adopt the
resolution approving the fee schedule for Fiscal Year 2016/17, effective July 1, 2016.
Tony McFarlane, Finance Manager, presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
Mayor Cappello closed the public hearing.
MILLER/LO MOVED TO ADOPT THE RESOLUTION APPROVING THE FEE
SCHEDULE FOR FISCAL YEAR 2016/17, EFFECTIVE JULY 1, 2016.
AFTER THE MAYOR CALLED THE QUESTION ON THE MOTION ABOVE
MILLER/KUMAR MOVED TO REOPEN DEBATE ON THE FEE SCHEDULE.
MOTION FAILED. AYES: MILLER, KUMAR. NOES: CAPPELLO, BERNALD.
ABSTAIN: LO. ABSENT: NONE.
The City Council conducted the vote on the first motion made under Item 2.1:
RESOLUTION NO. 16-026
12
Saratoga City Council Regular Meeting Minutes – Page 4 of 7
MILLER/LO MOVED TO ADOPT THE RESOLUTION APPROVING THE FEE
SCHEDULE FOR FISCAL YEAR 2016/17, EFFECTIVE JULY 1, 2016. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Senior Center Remodel Request and Naming Opportunities Plan
Recommended Action:
1. Approve the conceptual plan presented by SASCC for the Senior Center remodel
project.
2. Consider SASCC’s request for a waiver of $5,690 in building plan check and permit
fees for the remodel project.
3. Approve the SASCC Naming Opportunities Plan.
Michael Taylor, Recreation and Facilities Director, presented the staff report.
Lisa Huening, SASCC Board President, addressed questions from the City Council.
Mayor Cappello invited public comment on the item.
The following people requested to speak:
Lisa Huening, SASCC Board President
No one else requested to speak.
MILLER/BERNALD MOVED TO APPROVE THE CONCEPTUAL PLAN
PRESENTED BY SASCC FOR THE SENIOR CENTER REMODEL PROJECT;
APPROVE THE SASCC NAMING OPPORTUNITIES PLAN; AND DIRECT
THAT POTENTIAL DONORS BE INFORMED THAT THE CITY COUNCIL
MAY RENAME CITY FACILITIES OR REVOKE NAMING RIGHTS AT ANY
TIME. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
MILLER/KUMAR MOVED TO WAIVE BUILDING PERMIT FEES FOR THE
PROPOSED SASCC REMODEL PROJECT. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
4.2. Community Development Block Grant Amended Agreement & Budget Adjustment
Resolution - Saratoga Senior Center Restroom ADA Upgrades
Recommended Action:
Authorize the City Manager to execute the amended Community Development Block
Grant (CDBG) agreement and approve the budget adjustment resolution amending the
Fiscal Year 2015/16 Capital Budget.
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Saratoga City Council Regular Meeting Minutes – Page 5 of 7
Crystal Bothelio, City Clerk/Assistant to the City Manager, presented the staff report.
Mayor Cappello invited public comment on the item.
The following person requested to speak:
Lisa Huening, SASCC Board President
No one else requested to speak.
RESOLUTION NO. 16-027
MILLER/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AGREEMENT AND APPROVE THE BUDGET ADJUSTMENT
RESOLUTION AMENDING THE FISCAL YEAR 2015/16 CAPITAL BUDGET.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
4.3. Quarterly Communications Report
Recommended Action:
Approve the theme for the 2016 Summer Saratogan and provide direction on articles
Provide direction on three online survey topics
Approve topics and hosts for the City’s Video Program for the first quarter of Fiscal
Year 2016/17
Brian Babcock, Administrative Analyst I, presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/LO MOVED TO APPROVE THE THEME AND ARTICLES FOR THE
2016 SUMMER SARATOGAN AS PROPOSED BY STAFF AND REQUESTED A
BRIEF REFERENCE REGARDING THE DROUGHT AND WATER REBATES,
CRIME PREVENTION INFORMATION, PHOTOS OF FAMILIES AND
CHILDREN, AND A SHORT STATEMENT ON THE COMMUNITY CHOICE
ENERGY PROGRAM. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
MILLER/BERNALD MOVED TO APPROVE THE SUMMER 2016 SURVEY
TOPICS AS PROPOSED BY STAFF. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
MILLER/BERNALD MOVED TO APPROVE THE VIDEO TOPICS AS
PROPOSED BY STAFF FOR SUMMER 2016, DESIGNATE MAYOR
CAPPELLO AS THE HOST FOR THE PROSPECT ROAD VIDEO, AND
DIRECT STAFF TO USE A CITY STAFF MEMBER OR THIRD PARTY TO
NARRATE THE VIDEOS ON THE PLANNING PROCESS AND PLANNING 14
Saratoga City Council Regular Meeting Minutes – Page 6 of 7
COMMISSION. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
4.4. Annual Code Cleanup Preview
Recommended Action:
Provide direction to staff on items to be included in the annual code updates being
brought forward in 2016.
City Attorney Richard Taylor presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/LO MOVED TO DIRECT STAFF TO PROCEED WITH THE
PROPOSED ANNUAL CODE CLEANUP ITEMS. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County – during the last meeting, there was a presentation on
the minimum wage study conducted by San Jose that Saratoga participated in. The results of the
study were presented and the impacts of the recently signed State law instituting a new
minimum, which was adopted after the study was conducted, were discussed.
West Valley Sanitation District – the budget was approved during the last meeting.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee – during the last meeting, information about
the number of visitors from January to March of this year compared to last year was presented.
The Japanese Cultural Festival, or Matsuri, is May 15 from 11:00 a.m. to 4:00 p.m.
KSAR Community Access TV Board – the board was unable to hold its meeting the week of April
11 due to lack of a quorum.
Saratoga Chamber of Commerce & Destination Saratoga – the Chamber is holding its spring
wine stroll on May 7 from 2:30 p.m. to 6:00 p.m. Additionally, a committee was formed to
oversee a renovation of the Chamber website.
Council Member Miller suggested that Mayor Cappello send a letter to the Mayor of Muko
recognizing the recent earthquake in Japan.
Council Member Mary-Lynne Bernald
Association of Bay Area Governments – there is a meeting on April 21, 2016.
Cities Association of Santa Clara County-Legislative Action Committee – at the last meeting, a
number of upcoming bills were discussed, including bills related to housing tax credits and
transportation funding.
Cities Association of Santa Clara County-Selection Committee – the Committee made
appointments to LAFCO and noted that there is still an opening for the Silicon Valley Regional
Interoperability Authority (SVRIA).
FAA Select Committee on South Bay Arrivals – the first meeting will be on May 6 in San
Francisco.
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Saratoga City Council Regular Meeting Minutes – Page 7 of 7
Council Member Howard Miller
Silicon Valley Clean Energy Authority Board of Directors – during the first meeting, all
Directors were sworn in. The timeline for implementation was discussed and the current plan
calls for the system to go live in April 2017. Council Member Miller noted that he requested that
the timeline progress more quickly. He also shared that customers will have the choice to select a
power option that is comparable in price to existing PG&E rates and comes from a higher
percentage of greenhouse gas free sources. The other option is for power that is 100% free of
greenhouse gas emissions at a higher rate. Council Member Miller also noted that there was a
considerable amount of interest, including local media and State legislators, in the first meeting.
Valley Transportation Authority (VTA) Policy Advisory Committee – the PAC discussed the
proposed sales tax measure and provided a recommendation to the Board on what the measure
should fund if approved by voters.
VTA State Route 85 Corridor Policy Advisory Board – the Board received a presentation from
Jared Walker on farebox recovery. As a result, it highlighted certain routes with fewer riders.
Council Member Miller recommended that the rest of the Council read a book written by Jared
Walker on transportation.
Council Member Rishi Kumar
Santa Clara Valley Water District Commission – the Commission discussed proposed increases
to groundwater production charges and made a recommendation to the Santa Clara Valley Water
District Board of Directors to proceed with proposed increases.
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
City Manager James Lindsay said he will be sending an email to the City Council regarding the
book by Jared Walker. The City will purchase copies of the book for interested Council
Members.
ADJOURNMENT
MILLER/BERNALD MOVED TO ADJOURN THE MEETING AT 10:06 P.M. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk
16
Gina Scott, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
4/19/16 130534 130584 51 642,604.65 04/19/16 04/12/16 130533
4/26/16 130585 130632 48 96,134.38 04/26/16 04/19/16 130584
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
04/19/16 130541 PW 34,429.00
04/19/16 130542 City of San Jose PS 30,027.40
04/19/16 130554 Michael Baker International CDD 22,620.00
04/19/16 130561 PW 63,590.53
04/19/16 130563 PS 414,423.33
04/26/16 130596 Various 38,735.10
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Accounts Payable
General
General
Matt Novakovich
SCC Office of the Sheriff
Comp Shared Risk Pool
Law Enforcement
General
General
Worker's Comp Insurance
Reason Status
Starting Check #Date
Prior Check Register
Checks
Released
Total
Checks Amount
Issued to
N/A
Animal Control Svcs
JPA Solid Waste
SARATOGA CITY COUNCIL
MEETING DATE:May 4, 2016
DEPARTMENT:Finance & Administrative Services
04/26/2016: Period 10
04/19/2016: Period 10
City of Campbell General
Ending
Check #Type of Checks
Accounts Payable
PREPARED BY:
Orchard Maintenance
Fund Purpose
Development Svcs
17
18
19
20
21
22
23
24
25
26
SARATOGA CITY COUNCIL
MEETING DATE: May 4, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended March 31, 2016
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended March 31, 2016.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of March 31, 2016, the City had $265,131 in cash deposit at Comerica bank, and $18,311,675 on deposit
with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of March 31, 2016 is $18,576,806 and
exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 265,131$
Deposit with LAIF 18,311,675$
Total Unrestricted Cash 18,576,806$
Cash Summary
27
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 18,576,806$
Plus: Assets 805,636
Less: Liabilities (2,469,311)
Ending Fund Balance 16,913,131$
Adjusting Cash to Ending Fund Balance
28
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/15
Increase/
(Decrease)
Jul-Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/16
General Fund
Restricted Fund Balances:
Environmental Services Reserve 363,182 - - - - - 363,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,657,896 - - - 120,000 1,777,896 -
Facility Reserve 900,000 - - - - - 900,000
Carryforwards Reserve 176,560 - - - - - 176,560
Unassigned Fund Balances: -
Working Capital Reserve 2,007,545 - - - - - 2,007,545
Fiscal Stabilization Reserve 1,000,000 - - - - - 1,000,000
Development Services Reserve 713,891 - - - - 60,000 653,891
Compensated Absences Reserve 208,167 - - - - - 208,167
Other Unassigned Fund Balance Reserve (Pre YE distributio n 1,779,490 (194,721) 1,602,302 1,501,281 (120,000) 139,760 1,426,031
General Fund Total 9,806,731 (194,721) 1,602,302 1,501,281 - 1,977,656 7,735,376
Special Revenue
Landscape/Lighting Districts 867,643 44,469 23,236 20,996 - - 914,352
Capital Project
Street Projects 1,041,388 (329,578) 18,220 53,747 1,163,760 - 1,840,043
Park and Trail Projects 888,565 (475,287) - 25,171 328,068 64,068 652,107
Facility Projects 347,618 (145,546) 6,782 10,302 233,896 - 432,448
Administrative Projects 367,869 (79,504) 3,814 928 285,000 - 576,251
Tree Fund Projects 56,248 (9,548) 16,500 - - - 63,200
Park In-Lieu Fees Projects 276,753 94,397 - (115) 31,000 - 402,265
CIP Grant Street Projects 8,294 (88,358) - 1,796 - - (81,861)
CIP Grant Park & Trail Projects 17,427 1,385 - - - - 18,812
Gas Tax Fund Projects 854,615 299,088 108,480 28,671 33,878 33,878 1,233,511
CIP Fund Total 3,858,778 (732,952) 153,796 120,501 2,075,602 97,946 5,136,777
Debt Service
Library Bond 906,600 (370,695) 2,575 - - - 538,480
Internal Service Fund
Liability/Risk Management 291,263 5,988 300 38,169 - - 259,382
Workers Compensation 314,525 (5,752) - 6,477 - - 302,295
Office Support Fund 75,075 17,857 1,031 4,332 - - 89,631
Information Technology Services 260,322 41,434 514 38,147 - - 264,124
Equipment Maintenance 115,564 66,302 - 18,492 - - 163,374
Building Maintenance 268,326 174,673 2,376 73,182 - - 372,193
Equipment Replacement 649,498 100,367 - 612 - - 749,252
Technology Replacement 194,101 80,726 - - - - 274,827
Building FFE Replacement - 118,858 - 5,790 - - 113,068
-
Total City 17,608,426 (653,445) 1,786,130 1,827,979 2,075,602 2,075,602 16,913,131
29
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/16
Street Projects
Annual Street Resurfacing - 109,303 18,220 5,396 64,760 - 186,887
Residential Street Construction 243,612 (173,690) - - 300,000 - 369,922
Roadway Maintenance and Repairs - (223,666) - 41,843 375,000 - 109,491
EV Stations - - - - 100,000 - 100,000
Roadway Safety & Traffic Calming 27,114 (14,431) - 1,543 50,000 - 61,139
Highway 9 Safety Project - Phase IV 121,019 - - 607 - - 120,412
Beaumont Traffic Circle - - - - 30,000 - 30,000
Village LED Streetlights 5,007 (172) - - - - 4,835
Annual Sidewalks Project 46,702 (48,470) - - 50,000 - 48,232
Annual Storm Drain Upgrade 9,352 (54,437) - - 50,000 - 4,915
Village-Streetscape Improvements 25,059 - - - 50,000 - 75,059
Village Sidewalk Curb & Gutter Construction - Phase II 85,281 (36,942) - - - - 48,339
EL Camino Grande SD Pump 150,000 - - 4,125 - - 145,875
Saratoga Hills SD Pump - (12,435) - - 44,000 - 31,565
Storm Drain Capture Device 30,000 - - - - - 30,000
Wildcat Creek Outfall 40,000 - - - - - 40,000
Fourth Street Bridge 100,000 - - - - - 100,000
Quito Road Bridge Replacement Design 59,500 129,188 - - - - 188,687
Bridge Maintenance & Repairs - (3,825) - - 50,000 - 46,175
Quito Road Bridge - ROW ACQ - - - 233 - (233)
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,041,388 (329,578) 18,220 53,747 1,163,760 - 1,840,043
Parks & Trails Projects
Park/Trail Repairs 67,929 - - 290 - 64,068 3,572
Park Pathway Repairs - - - - 50,000 - 50,000
Sustainable Landscaping - (36,489) - - 89,068 - 52,579
Hakone Garden Matching Funds 193,991 (73,336) - 9,766 - - 110,889
Hakone Garden Upper Moon House 125,000 - - - - - 125,000
Quarry Park Plan Implement 290,768 (361,702) - 15,116 90,000 - 3,950
Quarry Park Row Acquisition 100,000 - - - - - 100,000
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Saratoga Village Creek Trail - Design 31,000 (3,760) - - 18,000 - 45,241
Saratoga Village Creek Trail - Construction - - - - 81,000 - 81,000
Total Parks & Trails Projects 888,565 (475,287) - 25,171 328,068 64,068 652,107
Facility Projects
Facility Projects 43,500 (43,500) - - - - -
Security Locks 53,007 (19,436) - 10,193 - - 23,378
City Hall Emergency Power Backup 325 (325) - - - - -
Master Switch - Electrical Board 73,498 (73,038) - - - - 460
ENG/CDD Window Replacement - - - - 40,000 - 40,000
Civic Theater Improvements 87,882 5,133 6,782 109 - - 99,688
Civic Theater Master Plan Improvements 64,900 (13,385) - - - - 51,515
Theater Boiler Replacement - - - - 90,000 - 90,000
Theater Rooftop Duct Work - - - - 90,000 - 90,000
Pre-School Playground Structure 10,458 (5,996) - - - - 4,462
SPCC Furniture & Fixtures - - - - 13,896 - 13,896
McWilliams House Improvements - Phase II 3,578 - - - - - 3,578
Library Building Exterior Maintenance Projects 10,470 5,000 - - - - 15,470
Total Facility Projects 347,618 (145,546) 6,782 10,302 233,896 - 432,448
30
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/16
Administrative Projects
Financial System Upgrade 3,534 - - - - - 3,534
COMB Document Imaging Project 57,894 (11,102) - 368 - - 46,424
City Website/Intranet - (5,591) - - 75,000 - 69,409
Development Technology 22,928 10,284 3,814 - - - 37,027
Trak-It Software Upgrade - - - - 60,000 - 60,000
LLD Initiation Match Program 49,000 - - - - - 49,000
Horseshoe Beautification 25,000 - - - - - 25,000
General Plan Update 100,000 - - - - - 100,000
Village Façade Program 20,321 - - - - - 20,321
Village Specific Plan Update - (48,079) - 561 100,000 - 51,361
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 64,192 (25,015) - - 50,000 - 89,176
Total Administrative Projects 367,869 (79,504) 3,814 928 285,000 - 576,251
Tree Fund Projects
Citywide Tree Planting Program 33,248 (9,798) 16,500 - - - 39,950
Tree Dedication Program 21,250 250 - - - - 21,500
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 56,248 (9,548) 16,500 - - - 63,200
CIP Grant Street Projects
Citywide Signal Upgrade II (924) (41) - - - (965)
Saratoga Ave Sidewalk 9,218 (5,655) - - - - 3,563
Village Phase II - Construction - (84,458) - - - (84,458)
Total CIP Grant Street Projects 8,294 (88,358) - 1,796 - - (81,861)
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 4,618 1,385 - - - - 6,003
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 17,427 1,385 - - - - 18,812
Park In-Lieu Fees Projects
Quarry Park Plan Implement 153,888 (154,003) - (115) - - -
Saratoga Village Creek Trail - Design - - - - 31,000 - 31,000
Saratoga Village Creek - Construction 19,000 - - - - - 19,000
Unallocated Park Fees 103,865 248,400 - - - - 352,265
Total park In-Lieu Fees Projects 276,753 94,397 - (115) 31,000 - 402,265
Gas Tax Fund Projects
Annual Street Resurfacing 108,068 345,556 108,480 4,747 33,878 - 591,234
Prospect/Saratoga OBAG Improvement 544,825 (46,458) - 23,924 - - 474,443
Citywide Signal Upgrade II 99,769 (10) - - - - 99,759
Arroyo de Arguello Storm Drain 33,878 - - - - 33,878 -
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
OBAG Big Basin Way S/WCG 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 854,615 299,088 108,480 28,671 33,878 33,878 1,233,511
Total CIP Funds 3,858,778 (732,952) 153,796 120,501 2,075,602 97,946 5,136,777
31
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
32
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46
Quarterly Apportionment Rates
Local Agency Investment Fund
33
SARATOGA CITY COUNCIL
MEETING DATE:May 4, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Amended Household Hazardous Waste Agreement with Santa Clara County
RECOMMENDED ACTION:
Authorize the City Manager to execute the amended Santa Clara County Household Hazardous
Waste Collection Program Agreement with a $50,245.09 augmentation for Fiscal Year 2016/17.
BACKGROUND:
Enacted in 1989, the Integrated Waste Management Act (AB 939) requires local governments to
prepare, adopt, implement, and maintain plans to reduce waste disposal in landfills. The law
requires that integrated waste management plans include provisions for the proper disposal of
household hazardous waste. Household hazardous waste includes materials such as pesticides,
paints, pool cleaning chemicals, fluorescent lamps, and other materials that are prohibited from
being disposed of in landfills.
The law also allows jurisdictions to impose fees collected at landfills to pay for the costs
associated with preparing, adopting, and implementing integrated waste management plans.
Since 1992, the cities in Santa Clara County have contracted with the County to collect and
distribute the AB 939 fee – collected at landfills, non-disposal facilities, and transfer stations in
Santa Clara County – on each ton of waste brought to the facilities.
In Santa Clara County, the AB 939 fee is set at $4.10 per ton of garbage disposed of at landfills
and transfer stations within the County. Of the $4.10 per ton of waste, a total of $2.60 per ton is
set aside to fund the countywide Household Hazardous Waste (HHW) Collection Program and is
paid directly to Santa Clara County and is intended to provide HHW collection services for a
minimum of 4% of households from each of the jurisdictions in the County. In Saratoga, this
accounts for roughly 447 households. The County estimates that roughly 950 Saratoga
households will take advantage of the program in the next fiscal year, based on historic usage of
HHW services by Saratoga residents.
Cities may elect to pay for the added cost of use, if more than 4% of their population uses the
HHW Collection Program. Cities may use their portion of the AB 939 fee or other sources to pay 34
for added household hazardous collection services. Because use of HHW services by Saratoga
residents usually exceeds the amount of use covered by the portion of AB 939 dedicated to the
HHW Collection Program, the City has elected to augment the HHW Collection Program with
City funds to pay for use of HHW services above the 4% service level.
In the past, the City has paid approximately $28,000 to $53,000 to augment HHW services above
the 4% baseline. Setting the augmentation to $50,245.09 will enable the City to provide HHW
services to all the households projected to participate in the program next fiscal year. If actual
usage of HHW services by Saratoga residents is higher or less than expected, the City will be
billed or refunded accordingly after the close of the Fiscal Year.
Currently, funding for the augmentation is collected from West Valley Collection & Recycling
ratepayers.
Although the original HHW agreement will be valid until June 30, 2018, participating cities must
authorize augmentation levels each fiscal year through amended agreements.
ATTACHMENTS:
Attachment A – Amended Santa Clara County Household Hazardous Waste (HHW) Collection
Program Agreement
2
35
36
37
38
39
SARATOGA CITY COUNCIL
MEETING DATE: May 4, 2016
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: Amended Public Art Policy
RECOMMENDED ACTION:
Adopt the resolution amending the public art policy and confirming termination of the Arts
Commission.
BACKGROUND:
In October 2015, the City Council established the Public Art Ad Hoc to coordinate placement of
a piece of public art in the City in partnership with the Montalvo Arts Center. As these efforts
progressed, it became clear that the City’s existing Public Art Policy had become outdated. The
policy calls for a number of actions and recommendations from the Arts Commission, which has
been effectively terminated since 2005. Prior to placement of artwork in partnership with
Montalvo, staff is recommending that the City Council adopt the attached resolution confirming
termination of the Arts Commission and amending the City’s Public Arts Policy to allow the
Council to approve placement of public art on City property on a case-by-case basis by vote of
the City Council.
ATTACHMENTS:
Attachment A – Resolution Amending the Public Art Policy and Confirming Termination of the
Arts Commission
40
RESOLUTION NO. 16-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE PUBLIC ART POLICY AND
CONFIRMING TERMINATION OF THE ARTS COMMISSION
WHEREAS, the City Council of the City of Saratoga adopted Resolution 03-026
establishing the Saratoga Public Art Policy; and
WHEREAS, the policy adopted at that time, relied heavily on recommendations and
input from the Saratoga Arts Commission; and
WHEREAS, the Arts Commission was effectively terminated by Resolutions 05-032,
06-020, and 08-007 suspending the Commission and the absence of any budget authorization
since 2005; and
WHEREAS, given the Public Art Policy’s dependence on the Arts Commission and the
termination of the Arts Commission, the existing Public Art Policy cannot be implemented as
written; and
WHEREAS, this resolution shall replace and supersede all prior resolutions, policies,
and understandings relating to the Public Art Policy; and
WHEREAS, placement of public art on City property by the City of Saratoga shall now
be approved on a case-by-case basis by majority vote of the City Council.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga
hereby confirms the termination of the Arts Commission, rescinds the Public Art Policy, and
declares that placement of public art on City property by the City of Saratoga shall be approved
on a case-by-case basis by majority vote of the City Council.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 4th day of May 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
41
SARATOGA CITY COUNCIL
MEETING DATE: May 4, 2016
DEPARTMENT: Recreation and Facilities
PREPARED BY: Michael A. Taylor, Director
SUBJECT: Authorization to Use City Seal for Saratoga 60th Anniversary Event
RECOMMENDED ACTIONS:
Approve the resolution permitting the City of Saratoga 60th Anniversary Celebration Committee
to use the City Seal for the event logo and marketing materials.
BACKGROUND:
A citizen volunteer committee is planning and
organizing an Anniversary Event to celebrate the 60th
anniversary of the incorporation of the City. At the
March 16, 2016 meeting, City Council authorized
funds from the Community Event Grant and Street
Closure Grant Programs to support the 60th
anniversary event.
The committee is now requesting permission to use
the seal logo in their promotional material. Pursuant
to City Code Section 2-05.040, “The City seal and
City logos shall only be used for the official business
of the City of Saratoga except upon approval of the
City Council by ordinance or resolution.”
ATTACHMENTS:
Attachment A – Resolution Authorizing Use of the City of Saratoga Seal for the 60th
Anniversary Celebration
60th Anniversary Celebration Logo
42
RESOLUTION NO. 16-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING USE OF THE CITY OF SARATOGA SEAL FOR THE
60TH ANNIVERSARY CELEBRATION
WHEREAS, a group of community volunteers are coordinating a celebration of the City
of Saratoga’s 60th Anniversary on September 17, 2016; and
WHEREAS, the City Council authorized funding through the Community Event Grant
Program and Street Closure Grant Program to support the 60th Anniversary; and
WHEREAS, the organizing committee has requested use of the City seal as part of the
event logo and marketing materials; and
WHEREAS, per City Code Section 2-05.040, the City of Saratoga seal and logos my
only be used for official business of the City, except upon approval of the City Council by
ordinance or resolution;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga hereby
approves use of the City seal to be used for the Saratoga 60th Anniversary Celebration logo and
marketing materials.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 4th day of May 2016 by the following vote:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
43
SARATOGA CITY COUNCIL
MEETING DATE: May 4, 2016
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: Lease Agreement with Montalvo Arts Center for PLACE
RECOMMENDED ACTION:
Authorize the City Manager to execute a lease agreement with Montalvo Arts Center for PLACE
and locate the artwork outside of Saratoga Library.
BACKGROUND:
At the October 21, 2015 City Council Meeting, the Council formed the Public Art Ad Hoc
Committee, comprised of Vice Mayor Lo and Council Member Bernald, to discuss opportunities
to display public art in Saratoga in partnership with the Montalvo Arts Center. Since then, the Ad
Hoc has held several meetings with Montalvo Arts Center to discuss efforts to collaboratively
display a work of art in a public space within Saratoga. As a result of these discussions, the Ad
Hoc has recommended placement of a
piece of artwork called PLACE by artist
Steven Simon at Saratoga Library.
PLACE is steel plate bench that consists
of 5 separate letters, spelling the word
place. The artwork was created by Simon
in 2008 with the hopes that it would “get
people to consider the many contexts and
purposes of the word.” There is additional
information about the artwork is included
in Attachment B and available on the
Montalvo Arts Center website at
http://montalvoarts.org/sculpture/place/.
PLACE is currently owned by the
Montalvo Arts Center, which has
proposed leasing the artwork to the City of Saratoga for a period of 1 year at the cost of $4,000.
The Public Art Ad Hoc has recommended placement of the bench in the courtyard outside of the
Community Room. The precise location will be mutually agreed upon by Montalvo Arts Center
PLACE by Steven Simon
44
and the City. The lease agreement calls for Montalvo Arts Center to install PLACE by September
1, 2016. At the end of the lease, Montalvo will also be responsible for removal of the artwork.
FISCAL STATEMENT:
Funding for the lease and interpretative signs has been included in the proposed Fiscal Year
2016/17 budget.
ATTACHMENTS:
Attachment A – Lease Agreement with Montalvo Arts Center for PLACE
Attachment B – Information about PLACE by Steven Simon
45
Agreement between Montalvo Arts Center and the City of Saratoga
Pertaining to Loan and Exhibition of PLACE
This loan and exhibition agreement (“Agreement”) is entered into by and between
Montalvo Arts Center (“Montalvo”), a not for profit public benefit corporation located in
Saratoga, California, and the City of Saratoga (“City”), California.
In accordance with the terms and conditions set forth herein, Montalvo agrees to loan,
and the City of Saratoga agrees to exhibit, the work entitled Place (“Artwork”) as
follows:
Artwork:
Artist: Steven Simon
Title: PLACE
Date: 2008
Medium: Steel
Dimensions: Five letters, 50” x 36” x 18” each
Appraised Value: $7,500
Montalvo represents and warrants that (i) it is the sole owner of the Artwork and has the
authority to authorize all uses of the work contemplated by this agreement; (ii) the
Artwork is free and clear of any liens and that there are no outstanding disputes in
connection with property rights, intellectual property rights, or any other rights in the
Artwork or parts of the Artwork; (iii) the Artwork will not pose a danger to public
property, health or safety in view of the possibility of misuse, if such misuse is in a
manner that was reasonably foreseeable at any time during the term of this Agreement*;
(iv) foreseeable exposure to the elements and general wear and tear will cause the
Artwork to experience only minor, repairable damage and will not cause the Artwork to
fall below an acceptable standard of public display; (v) general routine maintenance and
repair of this Artwork will maintain the Artwork within an acceptable standard of public
display; and (vi) the installation and removal of the Artwork will not unacceptably
damage or alter the Artwork.
*However, the parties hereby acknowledge and agree that due to the nature of the
Artwork’s materials that it must be placed out of direct sunlight in a location to be
mutually agreed upon in advance in the City library plaza area.
Dates of Loan and Location of Exhibition: Montalvo shall loan the Artwork to the
City for the period of September 1, 2016 through and including September 1, 2017. City
shall display the Artwork [describe or use an attachment to specify location] during the
period of the loan.
Loan and Exhibition Fee: In consideration for the loan and exhibition of the Artwork
and the services to be provided by Montalvo pursuant to this Agreement, the City agrees
to provide Montalvo a total fee in the amount of four-thousand dollars ($4,000) on or
before September 1, 2016.
46
Packing and Shipment of the Artwork; Insurance: Montalvo shall be responsible for
arranging the packing and shipment of the Artwork from Montalvo to the location
described above, and for arranging the packing and shipment of the Artwork for return to
Montalvo. In addition, Montalvo shall be responsible for insuring the Artwork while in
transit to and from the City and during packing, installation, and de-installation.
Installation and de-Installation of the Artwork: Montalvo shall be responsible for
installing, physically securing and de-installing the Artwork.
Security of the Artwork: The City shall monitor and protect the ongoing security and
integrity of the Artwork in the same manner that it does so for other City property while
onsite during the term of the Loan Agreement.
Insurance for the Artwork between Installation and De-Installation: The City shall
be responsible for insuring the Artwork from the time Installation is completed until De-
Installation begins under its standard property insurance policy up to the Appraised Value
set forth above against all risks of physical loss or damage from any external cause,
except the usual standard exclusions such as but not limited to loss or damage caused by
or resulting from wear and tear, gradual deterioration, insects, inherent vice or damage
sustained due to or resulting from any repairing, restoration or retouching process; loss or
damage caused by or resulting from hostile or warlike action, or from insurrection,
rebellion, revolution, civil war, or from seizure or destruction under quarantine or
customs regulations, confiscation, illegal transportation or trade; and shipments by mail
(with certain exceptions). Montalvo understands that City is self-insured through a risk
management pool. The City shall provide Montalvo with a evidence of such coverage
before Montalvo releases the Artwork to the City.
Special Events: Montalvo and the City agree to collaborate for the purposes of planning
and co-hosting special events with regard to the exhibition of the Artwork at the City site,
the nature, extent and details of which shall be jointly determined and agreed to in
advance by the parties.
Marketing:
Credit: Any and all printed and electronic marketing materials in relation to the
Artwork, including, but not limited to, press releases, newsletters, brochures, calendars,
invitations, posters, advertisements, signage, e-blasts, blogs, facebook and twitter posts,
and other information on the parties’ respective websites shall include the following
credit line:
“Place, by Steven Simon, 2008, on loan from Montalvo Arts Center”
Marketing Materials: City may make and distribute, and authorize the making,
display and distribution of, photographs and other two-dimensional reproductions of the
Artwork. City may use such reproductions for any City-related purpose, including
47
advertising, educational and promotional materials, brochures, books, flyers, postcards,
print, broadcast, film, electronic and multimedia publicity, and catalogues or similar
publications. The City shall provide any and all such marketing materials related to the
exhibition of Place to Montalvo in advance for approval, which shall not be unreasonably
withheld.
Signage: The City shall be responsible for arranging and for any and all costs
related to creating signage and interpretive materials for the Artwork, subject to
Montalvo’s approval, which shall not be unreasonably withheld.
Hold Harmless/Release:
The City hereby agrees to the fullest extent permitted by law to indemnify, defend, and
hold harmless Montalvo and its trustees, employees, and agents from any claims,
damages, injuries or causes of action arising out of or in any way related to the exhibition
of the Artwork between the time of installation and de-installation, except for any
claims, damages, injuries or causes of action arising as a result of Montalvo’s sole
negligence or willful misconduct. Notwithstanding the foregoing, the City is not
responsible for any third party infringement of any copyright to the Artwork held by the
artist or Montalvo and is not responsible for protecting the intellectual property rights of
the artist or Montalvo.
Montalvo hereby agrees to the fullest extent permitted by law to indemnify, defend, and
hold harmless City and its officers, employees, and agents from any claims, damages,
injuries or causes of action arising out of or in any way related to(a) the exhibition of the
Artwork arising from the packing, shipment, installation, and de-installation of the
Artwork; (b) any infringement of patent, copyright, trademark, trade secret or other
proprietary right; or (c) any infringement of the artist’s rights under 16 U.S.C. § 106A, 16
U.S.C. § 113, Civil Code §§ 987 et seq, or similar state, federal, or international law
except for any claims, damages, injuries or causes of action arising as a result of City’s
sole negligence or willful misconduct.
Termination:
Montalvo’s Right to Terminate Agreement Before Expiration of the Term: Prior
to the expiration of the term of the Loan, Montalvo may provide written notice of its
intent to terminate this Agreement to the City and City shall cooperate with Montalvo to
coordinate de-installation, packing, and shipment to Montalvo within 30 days of receipt
of the notice.
City’s Right to Terminate Agreement Before Expiration of the Term: Prior to the
expiration of the term of the Loan, City may provide written notice of its intent to
terminate this Agreement to the Montalvo and Montalvo shall cooperate with Montalvo
to coordinate de-installation, packing, and shipment to Montalvo within 30 days of
receipt of the notice. City may terminate the agreement if it determines that: (i) the
Artwork's physical or structural condition poses a threat to public safety; (ii) the Artwork
48
requires excessive maintenance, has faulty design or workmanship, and repair or remedy
is impractical or unfeasible; (iii) the Artwork has been damaged and repair or remedy is
impractical or unfeasible; (iv) the condition or security of the Artwork cannot be
reasonably protected; (v) significant changes in the use, character or design of the site
where the Artwork is located have occurred and affect the integrity of the Artwork; (vi)
the site where the Artwork is located is required to protect public health and safety; (vii)
significant, adverse public reaction to artwork owned by the City has continued unabated
over an extended period of time; or (viii) removal is requested by the artist.
General Provisions
Arbitration. Any dispute or claim arising out of or in connection with the
Agreement other than in connection with a third party claim will be finally settled by
binding arbitration in Santa Clara County, California, under the Commercial Arbitration
Rules of the American Arbitration Association (AAA) by one (1) arbitrator appointed in
accordance with such rules. Judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties
may apply to any court of competent jurisdiction for injunctive relief, as necessary, without
breach of this arbitration provision.
Governing Law/Jurisdiction: This Agreement and all matters arising out of or
relating to it shall be governed, construed and interpreted in accordance with the laws of
the State of California without giving effect to any choice of law rule.
Force Majeure. Neither party hereto shall be liable to the other for any delay or
failure in the performance of its obligations under this Agreement if and to the extent such
delay or failure in performance arises from any cause or causes beyond the reasonable
control of the party affected, including, but not limited to, acts of God, acts of government
or governmental authorities, destruction of Montalvo’s or the City’s property that are the
subject of this Agreement, compliance with law, regulations or orders, fire, storm, flood or
earthquake, war, rebellion, revolution, or riots.
Agreement for Sole Benefit of Montalvo and the City: This Agreement is for the
sole benefit of Montalvo and the City; it confers no rights on any other party.
Method of Notice: All notices required or permitted by this Agreement shall be in
writing and shall be effective upon receipt by the addressee. US Mail shall be the
preferred means of contact with fax and other means being acceptable if actually received
and immediately followed by a mailed hard copy. Notices shall be given at the following
addresses:
Montalvo:
Montalvo Arts Center
P.O. Box 158
Saratoga, CA 95071
The City:
The City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
49
ATTN: Angela McConnell
Facsimile: 408.961.5850
ATTN: James Lindsay, City Manager
Facsimile: 408.867.8559
The relevant party may change the address for delivery of notice by giving notice of such
change in accordance with this paragraph.
Counterparts: This Agreement may be executed in two or more counterparts and
all counterparts so executed shall for all purposes constitute one agreement, binding on
all parties hereto.
Entire Agreement: This Agreement, including attachments, represents the entire
Agreement of the parties with respect to the subject matter herein, and it cannot be
amended except by a writing signed by all parties. Each party signing this Agreement
warrants to the other that the person signing is fully empowered to sign the Agreement
and to bind the party for whom he/she has signed.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
of the last party to sign.
Montalvo Arts Center (“Montalvo”)
By:_______________________________
Name: Angela McConnell
Title: Executive Director
Date:_____________________________
The City of Saratoga (“The City”)
By: _______________________________
Name: James Lindsay
Title: City Manager
Date:______________________________
ATTEST:
____________________________
Crystal Bothelio, City Clerk
Date: __________________
APPROVED AS TO FORM:
_____________________
Richard Taylor, City Attorney
Date: ____________________
50
51
SARATOGA CITY COUNCIL
MEETING DATE: May 4, 2016
DEPARTMENT: Public Works
PREPARED BY: Rick Torres, Public Works Manager
SUBJECT: Award of contract to G. Bortolotto & Company Inc. for the 2016 Pavement
Management Program
RECOMMENDED ACTION:
1. Move to declare G. Bortolotto & Company Inc. the lowest responsible bidder on the
project.
2. Move to award a construction contract to G. Bortolotto & Company Inc. in the amount of
$939,999.39.
3. Move to authorize staff to execute change orders to the contract up to $220,000.
BACKGROUND:
Sealed bids for the 2016 Pavement Management Program were opened on April 25, 2016. A
total of three (3) contractors submitted bids. G. Bortolotto & Company Inc. submitted the lowest
responsible bid of $939,999.39. Bid amounts were very competitive ranging from the lowest bid
to $1,063,372.80. Staff has carefully checked the lowest bid along with the listed references and
has determined that the bid is responsive to the Notice of Inviting Bids dated March 10, 2016.
It is therefore recommended the Council declare G. Bortolotto & Company Inc. to be the lowest
responsible bidder and award the construction contract to this company.
Further, it is recommended the Council authorize staff to execute change orders to the contract
up to the amount of $220,000 to cover any unforeseen circumstances and address additional
work, which may arise during the course of this project. Bids received were less than the
engineer’s estimate therefore an additional three (3) streets will be added to the list for
resurfacing, (Ried Ct., Lynde Ave. and Deer Park Ct). The cost to resurface these streets is
factored into the change order amount.
FISCAL STATEMENT:
There are sufficient funds in the City’s Capital Improvement Program to fund the project.
52
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
G. Bortolotto & Company Inc. will not be declared the lowest responsible bidder and a
construction contract will not be awarded to that firm. The Council may make specific findings
to declare another bidder to be the lowest responsible bidder.
FOLLOW UP ACTION:
The contract will be executed and G. Bortolotto & Company Inc. will be issued a Notice to
Proceed. Work will begin soon after the contract is executed.
ATTACHMENTS:
Attachment A - Bid Summary
Attachment B – Construction Contract
53
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54
2016 PAVEMENT
MANAGEMENT PROGRAM
PROJECT
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
(408)-868-1239
55
CITY OF SARATOGA
CONTRACT DOCUMENTS
FOR
2016 Pavement Management Program Project
KEY BID DATES
Date Issued: March 10th, 2016
Bid Due: April 19th, 2016
Council Award Date: May 4 th, 2016
56
____ This Page Intentionally Left Blank_______
57
2016 Pavement Management Program Project
i
CITY OF SARATOGA
2016 Pavement Management Program Project
Table of Contents
NOTICE INVITING BIDS ................................................................................................................. 1
INFORMATION FOR BIDDERS ..................................................................................................... 3
SCOPE AND LOCATION OF WORK ..................................................................................................... 3
INSPECTION OF WORK SITE ................................................................................................................ 3
EXAMINATION OF CONTRACT DOCUMENTS ................................................................................. 3
REPORT OF ERRORS AND OMISSIONS .............................................................................................. 4
INTERPRETATION OF CONTRACT DOCUMENTS ............................................................................ 4
BIDS .......................................................................................................................................................... 4
ADDENDA ............................................................................................................................................... 6
BID PRICES .............................................................................................................................................. 6
TAXES ...................................................................................................................................................... 6
EXPERIENCE OF BIDDERS ................................................................................................................... 6
LISTS OF SUBCONTRACTORS ............................................................................................................. 7
BID GUARANTY ..................................................................................................................................... 7
MODIFICATION OF BID ........................................................................................................................ 7
POSTPONEMENT OF OPENING ............................................................................................................ 8
NON COLLUSION AFFIDAVIT ............................................................................................................. 8
DISQUALIFICATION OF BIDDER ........................................................................................................ 8
REJECTION OF BIDS .............................................................................................................................. 8
RELIEF OF BIDDERS .............................................................................................................................. 8
COMPLETING AND SIGNING FORMS ................................................................................................. 8
DEBARRED CONTRACTORS AND SUBCONTRACTORS ................................................................. 9
PRIOR APPROVAL OF SUBSTITUTIONS ("APPROVED EQUALS") ................................................ 9
PREVAILING WAGE AND APPRENTICESHIP .................................................................................... 9
BID PROTEST PROCEDURES ...............................................................................................................10
GENERAL CONDITIONS ............................................................................................................. 12
SECTION GC-1 DEFINITIONS AND TERMS .................................................................................12
SECTION GC-2 BID REQUIREMENTS AND CONDITIONS ........................................................13
SECTION GC-3 AWARD AND EXECUTION OF CONTRACT .....................................................14
SECTION GC-4 SCOPE OF WORK ..................................................................................................15
SECTION GC-5 CONTROL OF WORK ...........................................................................................17
SECTION GC-6 CONTROL OF MATERIALS .................................................................................21
SECTION GC-7 LEGAL RELATIONS AND RESPONSIBILITY ...................................................22
SECTION GC-8 PROSECUTION AND PROGRESS .......................................................................38
SECTION GC-9 MEASUREMENT AND PAYMENT .....................................................................41
SECTION GC-10 DUST CONTROL ...................................................................................................44
SECTION GC-11 RESERVED ............................................................................................................44
SECTION GC-12 DIFFERING SITE CONDITIONS ..........................................................................44
SECTION GC-13 ARCHAEOLOGICAL EXAMINATION ...............................................................45
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT................................ 46
CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT ......................................... 47
UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT .......................... 48
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT .................................... 49
SPECIAL CONDITIONS ............................................................................................................... 50
58
2016 Pavement Management Program Project
ii
STATEMENT OF EXPERIENCE AND QUALIFICATIONS .......................................................... 56
BID FORM ..................................................................................................................................... 59
CONTRACT BID ........................................................................................................................... 60
BID SCHEDULE ............................................................................................................................ 62
BONDS .......................................................................................................................................... 69
CONTRACT FOR CONSTRUCTION ............................................................................................ 80
REQUIRED CERTIFICATIONS .................................................................................................... 85
CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION .............................87
NONCOLLUSION AFFIDAVIT .............................................................................................................88
PROPOSED MAJOR MATERIAL SUPPLIERS .....................................................................................89
PROPOSED SUBCONTRACTORS ........................................................................................................90
AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND .........................................................91
NONCOMPETITIVE PRACTICES .........................................................................................................91
FAIR EMPLOYMENT PRACTICES CERTIFICATE ............................................................................92
FAIR EMPLOYMENT PRACTICE CERTIFICATION ..........................................................................95
CONTRACTORS RESPONSE FORM ....................................................................................................96
A CERTIFICATION CONCERNING CONTROL OF EMPLOYEES OF CONTRACTOR ..................97
CITY OF SARATOGA CONTRACTOR SAFETY ASSURANCES .........................................................................98
CITY OF SARATOGA DEPARTMENT OF INDUSTRIAL RELATIONS REPORTING .............................................99
JOB SCOPE ................................................................................................................................ 100
TECHNICAL SPECIFICATIONS ................................................................................................. 111
59
2016 Pavement Management Program Project
Notice Inviting Bids 1
NOTICE INVITING BIDS
2016 Pavement Management Program Project
SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until Tuesday April 19th, 2016 at
11:00am for 2016 Pavement Management Program Project. Sealed bids shall be submitted addressed
and noted as follows:
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Sealed Bid for 2016 Pavement Management Program Project
All bids must be accompanied by bidder's security in accordance with California Public Contract Code
Sections 20170 et seq.
Following the closure of the bid submittal period, bids will be publicly opened and read for performing work
as follows:
Furnishing all labor, materials, equipment, and performing all work necessary and incidental to
the construction of the project known as 2016 Pavement Management Program Project,
according to drawings and specifications as prepared by the City of Saratoga and according to
the Contract Documents. The work to be done consists of supplying all labor, methods or
processes, implements, tools, machinery, equipment and materials to for the construction of
asphalt concrete overlay, micro-surfacing, repair failed street sections, crack seal, striping, utility
adjustment, curbs and gutters, storm drain systems, traffic control and other work not specifically
mentioned herein, but which may be required as directed by CITY or its designated
representative.
CITY hereby notifies all Bidders that it will affirmatively ensure that in regard to any contract
entered into pursuant to this Invitation for Bid, Disadvantaged Business Enterprises (DBE’s) will
be afforded full opportunity to submit Bids in response to this invitation and will not be
discriminated against on the basis of race, color, sex, national origin, in consideration for an
award.
Project is to be completed within 45 working days from the date specified in the Notice to
Proceed. The Contractor shall pay to the City of Saratoga the sum of Five Hundred
dollars ($500.00) for each and every working day’s delay in finishing the work in excess of
the calendar day completion time.
Bidders may obtain copies of the bidding documents at the Public Works Department, City of Saratoga.
A set of bid documents can be obtained from the City website at www.saratoga.ca.us, or via phone/fax
request at 1-408-868-1239, or email request at publicworks@saratoga.ca.us. A written request can also be
mailed to Attn: Public Works Department, City of Saratoga, 13777 Fruitvale Avenue, Saratoga CA 95070.
60
2016 Pavement Management Program Project
Notice Inviting Bids 2
Pursuant to California Labor Code Section 1771, the successful bidder and all subcontractors shall pay not
less than the prevailing rate of per diem wages as determined by the Director of the California Department
of Industrial Relations. Copies of such prevailing rate of per diem wages are available for view at the City
of Saratoga Department of Public Works. Full compensation for conforming to these requirements shall be
deemed included in the prices paid for the various contract items of work, and no separate payment will be
made therefor. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal,
subject to the requirements of section 4104 of the California Labor Code, and shall not engage in the
performance of any work under this contract, unless currently registered and qualified to perform public
work pursuant to section 1725.5 of the California Labor Code.
Pursuant to California Public Contract Code Section 22300, the Contractor may, at its option, choose to
substitute securities for monies earned by the Contractor and retained by CITY to ensure the performance
of the Contract.
Pursuant to California Public Contract Code Section 3300, CITY has determined that the Contractor shall
possess a valid General Contractor Class A or Class B (General Contractor or Engineering) License at the
time that the bid is submitted. Failure to possess the specified license shall render the bid non-responsive.
The successful bidder will be required to furnish a payment bond in the amount equal to one hundred
percent (100%) of the Contract Price, as well as a faithful performance bond, in the amount equal to one
hundred percent (100%) of the Contract Price. The bonds shall be on the forms included in the Contract
Documents.
The successful bidder shall insure that employees and applicants for employment are not discriminated
against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference, or marital
status, and shall comply with the Americans with Disabilities Act.
Bids will be examined and reported to the City of Saratoga City Council (Council) at a meeting within sixty
(60) days of the bid opening. CITY reserves the right to reject any and all bids, or to waive any
irregularities or informalities in any bid or in the bidding procedure, or to postpone the bid opening or award
for good cause. No Bidder may withdraw its bid for a period of five (5) calendar days after the date of
opening of the bids. Each bidder will be notified of award of contract, if award is made. Contract
Documents, Forms of Bid and any questions concerning this bid should be addressed to Public Works
Director, City of Saratoga, via publicworks@saratoga.ca.us or (408) 868-1239.
CITY OF SARATOGA
Public Works Department
March 10th 2016
Pub: 3/25/16, 4/1/16 and 4/8/2016
61
2016 Pavement Management Program Project
Information for Bidders 3
INFORMATION FOR BIDDERS
2016 Pavement Management Program Project
SCOPE AND LOCATION OF WORK
The work to be performed under this contract consists of the furnishing of all
labor, materials, plant, equipment and services for the construction of the Project,
complete, and in satisfactory operating condition, all as shown on the Contract
Documents and/or as specified herein. The work is to be performed in the City of
Saratoga, County of Santa Clara.
INSPECTION OF WORK SITE
Bidders are required to inspect the site of the work in order to satisfy themselves,
by personal examination or by such other means as they may prefer, of the
location of the proposed work and the actual conditions of and at the site.
Bidders may apply to the Director of Public Works for additional information and
explanation before submitting bids. However, no supplemental information
requested or furnished shall vary the terms of the Contract Documents or affect
the Contractor’s sole responsibility to satisfy itself as to the conditions of the work
to be performed. No claim for additional compensation will be allowed which is
based upon a lack of knowledge of the actual conditions or location of the Work.
Submission of a bid by the bidder shall constitute acknowledgment that, if
awarded the contract, the bidder has relied and is relying on its own examination
of (a) the site of the work; (b) access to the site; (c) all other data, matters, and
things requisite to the fulfillment of the work, including but not limited to the
availability of labor and materials; and (d) its own knowledge of existing facilities
on and in the vicinity of the site of the Project and not on any representation or
warranty by CITY or its agents of the above items. Removal, relocation, or
protection of existing public utilities not identified by CITY shall be done in
conformance with California Government Code Section 4215.
EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural
documents, general conditions, specifications, drawings and addenda (if any).
Submission of a bid shall constitute acknowledgment, upon which CITY may rely,
that the bidder has thoroughly examined and is familiar with the Contract
Documents. Failure or neglect of a bidder to receive or examine any of the
Contract Documents shall in no way relieve the bidder of any obligation with
respect to its bid or to the Contract. No claim for additional compensation will be
allowed which is based upon a lack of knowledge of any Contract Documents.
62
2016 Pavement Management Program Project
Information for Bidders 4
REPORT OF ERRORS AND OMISSIONS
Bidder shall review architectural and/or engineering plans and specifications, if
any, prior to submission of the bid, and report any errors and omissions noted by
the bidder to the Director of Public Works. The review by the Contractor shall be
confined to the Contractor’s capacity as a contractor, and not as a licensed
design professional.
INTERPRETATION OF CONTRACT DOCUMENTS
No oral representation or interpretations will be made to any bidders as to the
meaning of the Contract Documents. Requests for interpretation shall be made
in writing and delivered to the Director of Public Works at least ten (10) working
days before the time announced for opening the bids. Interpretations, where
necessary, will be made in the form of an addendum to the Contract Documents
and, when issued, will be sent as promptly as is practical to all parties to whom
the bid documents have been issued. All such addenda shall become part of the
Contract.
Requests for information before or after the award of contract shall be directed
to:
Director of Public Works
13777 Fruitvale Avenue, CA 95070
Phone/fax: (408) 868-1239
publicworks@saratoga.ca.us
It shall also be the bidder’s responsibility to call to the attention of Director of
Public Works any missing pages in the Contract Documents, including the
addenda. These items shall be brought to the attention of Director of Public
Works in writing, at least one week prior to the bid opening date.
BIDS
Bids shall be made on the blank forms prepared by CITY, which may be removed
from the bound Contract Documents. All bids shall include, in the space
provided, all information requested, shall be signed by the bidder or an
authorized representative thereof, and shall include the bidder's business
address.
Bidders must prepare and submit all required documents.
Bids must be accompanied by security in accordance with California Public
Contract Code Sections 20170 et seq.
If the bid is made by an individual, his or her name, signature, and business
address shall be shown.
63
2016 Pavement Management Program Project
Information for Bidders 5
If the bid is made by a firm or partnership, the name and business address of the
firm or partnership and the signature of at least one of the general partners shall
be shown.
If the bid is made by a corporation, the bid shall show the name of the
corporation and the state(s) in which the corporation is incorporated; the name
and business address of the corporation's local agent; and the signature of at
least one officer authorized to sign on behalf of the corporation. Additionally, the
bid shall include a document empowering the signatory or signatories to execute
the bid and to bind the corporation.
If the bid is made by a joint venture, the bid shall be signed by at least one of the
joint venture firms in a format meeting with the requirements outlined above.
Additionally, the bid shall include a document empowering the signatory or
signatories to execute the bid and to bind the joint venture.
Every contractor, other than a joint venture, who submits a bid, must at the time
the bid is submitted have a California Contractor’s License in good standing. The
license shall be in the class or classes specified in the Contract Documents. Any
bid from an unlicensed contractor, other than those persons exempt under
California Business & Professions Code Section 7028.15, shall be non-
responsive and shall be rejected. Section 7028.15 makes it a misdemeanor for
any person without a valid contractor’s license (with specified exceptions) to
submit a bid to act as a contractor to a public agency. The penalties on a bidder
violating these provisions are severe.
Each bid shall be enclosed in a sealed envelope, labeled and delivered to the
Director of Public Works at the address above. Bidders are warned against
making erasures or alterations of any kind, without initialing each and every such
change. Bids that contain uninitialed erasures, alterations or irregularities of any
kind, or omissions, may be rejected. No oral, telegraphic, or telephone (including
facsimile) bids or modifications will be considered.
Each bidder shall submit with its bid a statement setting forth its experience and
qualifications on the forms included in the Contract and Bidding Documents.
Telephones will not be available to bidders for the preparation of the bids or for
calling in bid results. Bid forms received after the designated time will not be
accepted. Bidders and their authorized agents are invited to attend the bid
opening.
No bidder may withdraw its bid for a period of sixty (60) days after the date set
for the opening of bids.
64
2016 Pavement Management Program Project
Information for Bidders 6
CITY reserves the right to reject any or all bids; to make any awards or any
rejections in what it alone considers to be in the best interest of CITY, and to
waive any informalities or irregularities in the bids.
ADDENDA
Each bid shall include specific acknowledgment (in the space provided) of the
receipt of all addenda issued during the bidding period. A bidder’s failure to
acknowledge all addenda may result in the bid being rejected as not responsive.
BID PRICES
Bid prices shall include everything necessary for the completion of construction
and fulfillment of the contract, including but not limited to furnishing all
transportation, materials, equipment, tools, excavation, utilities, sheeting,
shoring, bracing and supports, plant and other facilities, and all management,
superintendence, permits, labor and services, except as may be provided
otherwise in the Contract Documents.
In the event that the product of a unit price and an estimated quantity does not
equal the extended amount quoted, the unit price shall govern and the correct
product of the unit price and the estimated quantity shall be deemed to be the
amount bid. If the sum of the individual items does not equal the total base price,
the individual item totals shall govern and the corrected sum shall be deemed to
be the total base bid.
Where there is a conflict between words and figures, the words shall govern and
the figures shall be disregarded.
TAXES
Bid prices shall include all applicable federal, state, and local taxes.
EXPERIENCE OF BIDDERS
At the time of bidding, and throughout the period of the contract, each bidder
shall be licensed under the provisions of the California Business and Professions
Code to do the type of work contemplated for the project. The license
classification shall be a Class General Contractor Class A or Class B (General
Contractor or Engineering).
It is the intention of CITY to award a contract, if at all, to the lowest responsive
responsible bidder who demonstrates the attributes of trustworthiness, as well as
quality, fitness (including financial qualifications), capacity and experience to
enable it to prosecute the work successfully and properly, and to complete the
work within the time period named in the Contract Documents.
65
2016 Pavement Management Program Project
Information for Bidders 7
To determine the degree of responsibility to be credited to the bidder, CITY will
weigh any evidence that the bidder has performed satisfactorily other contracts of
like nature and magnitude, and comparable difficulty and rates of progress, to the
Work. CITY shall have sole discretion to determine what contracts are of like
nature and magnitude, and comparable difficulty and rates of progress. CITY
may reject bids from Contractors who cannot satisfactorily prove the experience
and qualifications outlined in paragraph 10 hereof.
LISTS OF SUBCONTRACTORS
On the forms provided, each bidder shall list the name and address of each
subcontractor to whom the bidder proposes to sublet portions of the work in
excess of one-half of one percent of the total amount of the bid or $10,000,
whichever is greater. For the purpose of this paragraph, a subcontractor is
defined as anyone who contracts with the Contractor to furnish materials and
labor or labor only, and/or one who specially fabricates and/or installs a portion of
the work or improvement according to detailed drawings contained in the
Contract Documents. All listings and subsequent substitutions, if any, shall be
done in conformance with the Subletting and Subcontracting Fair Practices Act,
California Public Contract Code Section 4100 et seq.
BID GUARANTY
The bid shall be accompanied by a bid guaranty bond duly completed by a
corporate surety authorized to conduct business in the State of California
payable to the City of Saratoga in the sum of at least ten percent (10%) of the
total amount of the bid. The bond shall be on the form included in the Contract
Documents. Alternatively, a certified or cashier’s check, payable to the City of
Saratoga, in the sum of at least ten percent (10%) of the total amount of the bid
may be substituted for the bid guaranty bond. The amount payable to the City of
Saratoga under the bid guaranty bond, or the certified or cashier’s check, as the
case may be, shall be forfeited to CITY as liquidated damages in the case of the
failure or neglect of the successful bidder to furnish, execute, and deliver to CITY
the required performance and payment bonds and evidences of insurance,
and/or to enter into, execute, and deliver to CITY the Agreement on the form
provided herewith, within ten (10) days after being notified in writing by CITY that
the award has been made.
MODIFICATION OF BID
Modification of a bid already received will be considered only if the modification is
received prior to the deadline for receiving bids. All modifications shall be made
in writing, executed, and submitted in the same form and manner as the original
bid.
66
2016 Pavement Management Program Project
Information for Bidders 8
POSTPONEMENT OF OPENING
CITY reserves the right to postpone the date and time for receiving and/or
opening of bids at any time prior to the date and time established in the Notice
Inviting Bids. Pursuant to Public Contract Code Section 4104.5, the CITY shall
extend the date and time for closing of submission of bids (the "bid deadline") by
no less than seventy-two (72) hours in the event that CITY issues any material
changes, additions, or deletions to the bidding documents later than seventy-two
(72) hours prior to the bid deadline.
NON COLLUSION AFFIDAVIT
California Public Contract Code Section 7106 requires that each bidder execute
a Noncollusion Affidavit on all public works contracts. Bidder shall execute the
Noncollusion Affidavit included with the Contract Documents and submit it to
CITY with the bid.
DISQUALIFICATION OF BIDDER
If there is a reason to believe that collusion exists among any of the bidders,
none of the bids of the participants in such collusion will be considered, and CITY
may choose to reject all bids received.
REJECTION OF BIDS
CITY reserves the right to reject any bids which are incomplete, obscure, or
irregular; any bids which omit a bid on any one or more items for which bids are
required; any bids which omit unit prices if unit prices are required; any bids in
which unit prices are unbalanced in the opinion of CITY; any bids accompanied
by insufficient or irregular bid guaranty; and any bids from bidders who has been
delinquent or unfaithful in any former contract with CITY. CITY reserves the right
to reject defective bids or to waive technical defects, as the interests of CITY may
require.
RELIEF OF BIDDERS
Attention is directed to the provisions of California Public Contract Code Section
5100, et seq., concerning relief of bidders, and in particular to the requirement
therein that if a bidder claims a mistake was made in its bid, the bidder shall give
CITY written notice of the alleged mistake within five (5) calendar days after the
opening of the bids, specifying in the notice, in detail, how the mistake occurred.
COMPLETING AND SIGNING FORMS
The Bidder’s attention is directed to the forms included in the Contract
Documents, which must be completed and signed. FAILURE TO PROPERLY
COMPLETE AND SIGN ANY FORMS MAY BE CAUSE FOR REJECTION OF A
BID.
67
2016 Pavement Management Program Project
Information for Bidders 9
DEBARRED CONTRACTORS AND SUBCONTRACTORS
No contractor or subcontractor who is ineligible to bid or work on, or be awarded,
a public works contract under California Labor Code Sections 1777.1 or 1777.7
can bid on, be awarded or perform work as a subcontractor on the Project. The
Contractor is prohibited from letting work on the Project to a subcontractor who is
ineligible to perform work on a public works project under these sections of the
Labor Code.
PRIOR APPROVAL OF SUBSTITUTIONS ("APPROVED EQUALS")
Bidders wishing to obtain prior approval of a substitution for a specified material
or system (an "approved equal") shall submit all required documentation in
compliance with procedures established in the Contract Documents. Any
request for an approved equal must be fully supported with technical data, test
results, or other pertinent information as evidence that the substitute offered is
equal to or better than the specification requirement.
Prior approval requests must be received by CITY, in writing, at least [10]
business days prior to bid deadline. If CITY determines the requested material or
system is equal to that specified, CITY will notify the Bidders prior to time for
submitting bids. CITY's failure to notify the Bidders of an approved equal shall be
deemed a rejection of the requested substitution.
PREVAILING WAGE AND APPRENTICESHIP
In accordance with California Labor Code Section 1771, all contractors and
subcontractors on this public work project shall pay not less than current
prevailing wage rates as determined by the California Department of Industrial
Relations ("DIR"). All contractors and subcontractors on this public work project
shall comply with the requirements of California Labor Code Sections 1777.5 and
1777.6 in the employment of apprentices.
Questions regarding general prevailing wage rates should be directed to:
Department of Industrial Relations
Division of Labor Statistics and Research
P.O. Box 420603
San Francisco, CA 94142-0603
Phone: (415) 703-4774
Questions pertaining to apprenticeship crafts should be directed to:
Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco, CA 94142-0603
Phone: (415) 703-4920
68
2016 Pavement Management Program Project
Information for Bidders 10
Information is also available at the Department of Industrial Relations' website:
http://www.dir.ca.gov
Any contractor who is awarded a public works contract is not relieved of the
obligation to pay prevailing wage rates for any craft or classification not listed in
the General Determinations or in any Special Determination. If a contractor
intends to use a craft or classification not listed in the General Determinations or
existing Special Determinations, he or she must notify CITY no later than forty-
five (45) days before the bid deadline and request a Special Determination. If no
determination has been made at the time the contract is awarded, the contractor
shall pay the prevailing wage rate of the craft or classification most closely
related to the craft or classification used.
All prevailing wage rates are subject to modification pursuant to Important
Notices issued by the DIR's Division of Labor Statistics and Research and recent
union contract negotiations.
BID PROTEST PROCEDURES
These procedures apply to all procurement actions, whether by sealed bid,
request for bid or sole source, and regardless of the stage of the procurement
process at which the protest is filed.
Any protest relating to the form or content of the bidding or contract documents
must be submitted in writing to Public Works Director at 13777 Fruitvale Avenue,
Saratoga, CA 95070 no later than ten (10) working days before the bid deadline.
Any person who submits a bid shall be deemed to have waived any protest to the
form or content of the proposal documents.
Any protest relating to any particular proposal or the award of the contract must
be submitted in writing to Public Works Director. The protest must be received
no later than ten (10) working days after the basis of protest is known or should
have been known, whichever is earlier.
The initial protest document shall contain a complete statement of the basis for
the protest.
The protest shall refer to the specific portion(s) of the proposal documents which
forms the basis for the protest.
The protest shall include the name, business address and telephone number of
the person representing the protesting party.
The party filing the protest shall concurrently transmit a copy of the initial protest
document and any attached documentation to all other parties who have a direct
financial interest that may be adversely affected by the outcome of the protest.
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Such parties shall include all other bidders who appear to have a reasonable
prospect of receiving an award depending upon the outcome of the protest. The
documents shall be transmitted by fax or overnight mail.
The procedure and time limits set forth in this section are mandatory and are the
sole and exclusive remedy in the event of protest. Failure to comply with these
procedures shall constitute a waiver of any right to further pursue the protest,
including filing a Government Code claim or instituting legal proceedings
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GENERAL CONDITIONS
2016 Pavement Management Program Project
SECTION GC-1 DEFINITIONS AND TERMS
Whenever in the Contract Documents the following terms are used, the intent and meaning
shall be interpreted as follows (unless noted otherwise):
Agreement – the written instruments comprising the complete and integrated contract
between the City of Saratoga and the Contractor.
Business day – see "working day" below
Calendar day – a period of twenty-four (24) hours measured from midnight to the next
midnight. If not otherwise specified in the Agreement, days shall be presumed to be
calendar days.
Caltrans Standard Specifications - Standard Specifications for Construction of Local Streets
and Roads issued by the State of California, Department of Transportation, 2006 edition.
Any reference therein to a State agency or officer shall be interpreted as if the
corresponding City of Saratoga office or officer acting under this contract were so specified.
All metric measurements or quantities in the Caltrans Standard Specifications shall be
disregarded, and equivalent United States measures used.
Caltrans Standard Plans - Standard Plans for Construction of Local Streets and Roads
issued by the State of California, Department of Transportation, current edition. All metric
measurements or quantities in the Caltrans Standard Plans shall be disregarded, and
equivalent United States measures used.
Contractor – the individual or entity with whom CITY has entered into the Agreement.
Council - The City of Saratoga City Council, the governing body of the City of Saratoga.
County – Santa Clara County, California.
CITY – the City of Saratoga.
Engineer – The Director of Public Works of the City of Saratoga, acting either directly or
through properly authorized agents, such agents acting within the scope of the particular
duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Saratoga to test materials
and work involved in the contract.
Working day – a period comprising the normal working hours of the day and further defined
in Section 8-1.06 ("Time of Completion") of the Caltrans Standard Specifications.
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Other terms appearing in the Contract Documents shall have the intent and meaning
specified in Section 1 ("Definitions and Terms") of the Caltrans Standard Specifications.
SECTION GC-2 BID REQUIREMENTS AND CONDITIONS
A. APPROXIMATE QUANTITY ESTIMATE
The quantities given in the Notice Inviting Bids and in the bid and contract forms are
approximate only, being given as a basis for the comparison of bids, and CITY does not,
expressly or by implication, agree that the actual amount of work will correspond therewith,
but reserves the right to increase or decrease the amount of any class or portion of the
Work, or to omit portions of the Work, as may be deemed necessary or advisable by the
Director of Public Works.
B. EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK
The bidder shall examine carefully the site of work contemplated and all Contract
Documents, including all bid and contract forms incorporated by reference therein. The
submission of a bid shall be conclusive evidence that the bidder has investigated and is
satisfied as to the conditions to be encountered, as to the character, quality, and scope of
work to be performed, the quantities of materials to be furnished, and as to the
requirements of the bid, plans, specifications, and the contract. If, during the course of its
examination, a bidder finds facts or conditions which appear to be in conflict with the letter
or spirit of the project plans and specifications, the bidder shall contact CITY for additional
information and explanation before submitting its bid. Any request for information must be
submitted at least ten (10) working days before the time announced for opening the bids, if
any.
C. QUESTIONS DURING BIDDING
Any questions regarding the Contract Documents or bid forms shall be directed to the
person listed in the Information For Bidders. All questions must be submitted at least ten
(10) working days before the original bid deadline.
D. ADDENDA
When CITY deems it necessary, addenda may be issued to the Contract Documents to
amend, clarify or correct matter contained therein. Such addenda shall constitute a part of
the Contract Documents and shall be equally binding with them. Addenda shall be
forwarded to all prospective bidders when such addenda are issued prior to receipt of bids.
Bidder must acknowledge all addenda on the bid form. Failure to acknowledge all addenda
issued will render the bid nonresponsive.
E. BID FORM
All bids must be submitted upon blank forms provided in the Contract Documents. Bids
shall include all applicable taxes that the Contractor is required to pay. All bids must give
the prices proposed and must be signed by the bidder and include bidder's business
address. If the bid is made by an individual, his name and business address must be
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shown. If made by a firm or partnership, the name and business address of each member
of the firm or partnership must be shown. If made by a corporation, the bid must show the
name of the state(s) in which the bidder is incorporated and the names, titles, and business
addresses of the corporation's president, secretary, and treasurer. All bids shall be
submitted as directed in the Notice Inviting Bids under sealed cover plainly marked as a
bid, and identifying the project to which the bid relates and the date of the bid opening
therefor. Bids which are not properly marked may be disregarded.
F. PUBLIC OPENING OF BIDS
Bids will be opened and read publicly at the time and place indicated in Notice Inviting Bids.
Bidders or their authorized agent are invited to be present.
SECTION GC-3 AWARD AND EXECUTION OF CONTRACT
A. AWARD OF CONTRACT
CITY reserves the right to reject any and all bids. The contract will be awarded, if at all, to
the lowest responsive responsible bidder whose bid complies with all the requirements set
forth in the Notice Inviting Bids and Information to Bidders and all documents referenced
therein.
In the event that bids are required to include prices for items that may be added to or
deducted from the scope of the work of the contract for which the bid is being submitted,
the lowest bid shall be the lowest bid price on the base contract those additive or deductive
items that were specifically identified in the bid solicitation as being used for the purpose of
determining the lowest bid price. CITY reserves the right to add to or deduct from the
contract any of the additive or deductive items after the lowest responsible bidder has been
determined.
The contract will be awarded, if at all, within 60 calendar days after the opening of the bids.
The Work will not start until CITY has successfully acquired all necessary rights of way,
easements and permits to begin work on this project.
B. CONTRACT BONDS
The successful bidder shall furnish two separate contract bonds. Each of the bonds shall
be executed in an amount equal to at least 100% of the Contract Price. One bond shall
guaranty the faithful performance of the contract by the Contractor; and the other bond
shall secure payment of the claims of laborers, mechanics, and material suppliers
employed under the contract and shall contain all provisions required by law to be included
in such bond forms, including the requirements of Civil Code Sections 3247 - 3252. No
alteration, extension of time, extra and additional work, or other change authorized by the
Contract Documents will affect the obligations of the surety or sureties on the payment or
performance bonds, and no notice to the surety or sureties shall be required.
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Any bond required herein shall be issued by a corporate surety admitted to transact surety
business in the State of California and holding a valid Certificate of Authority to transact
Surety Insurance in the State of California.
C. EXECUTION OF THE CONTRACT
The Contract shall be signed by the successful bidder and returned, together with evidence
of the City of Saratoga business license required by Section GC-7(H), the Contract bonds
required by Section GC-3 (B) and insurance certificate(s) required by Section GC-7 (S) of
these General Conditions, after the bidder has received notice that the Contract has been
awarded. No bid shall be considered binding upon the City of Saratoga until the award of
the contract by the Council.
D. NOTICE TO PROCEED
A separate Notice to Proceed will be issued to the Contractor for this work. Within ten (10)
working days from the Notice to Proceed or date specified in the Notice to Proceed, the
Contractor shall commence work. Working days will be charged to the Contractor after the
ten-day period has elapsed.
E. FAILURE TO EXECUTE CONTRACT
Failure to execute the Agreement and file acceptable performance and payment bonds and
insurance as provided herein within fifteen (15) calendar days after the bidder has received
notice that the contract for the Work has been awarded to him, shall be just cause for the
annulment of the award and the forfeiture of the bid guaranty. Upon any such failure by the
successful bidder, the contract for the work may be awarded to the second lowest
responsible bidder. If the second lowest responsible bidder fails to execute the Agreement
and file acceptable bonds and insurance as provided herein within fifteen (15) calendar
days after such bidder has received notice that the contract for the Work has been awarded
to him, the contract for the Work may be awarded to the third lowest responsible bidder.
Failure of the second or of the third lowest responsible bidder to whom a contract is so
awarded to execute the Agreement and file acceptable bonds and insurance as provided
herein within fifteen (15) calendar days after such bidder has received notice that the
contract for the Work has been awarded to him shall be just cause for the annulment of the
award and the forfeiture of the bid guaranty of each such bidder.
F. RETURN OF BID GUARANTEES
CITY will retain all bid guarantees until the Agreement for the Work has been fully executed
and CITY has received the bonds and evidence of insurance required to be furnished, or
CITY has acted to reject all bids. CITY will return the bid guarantees of unsuccessful
bidders, other than those forfeited.
SECTION GC-4 SCOPE OF WORK
A. INTENT OF PLANS AND SPECIFICATIONS
The intent of the Contract Documents is to prescribe the details for the construction and
completion of the work the Contractor undertakes to perform.
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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 first quality are to be used. Unless otherwise
specified, the Contractor shall furnish all labor, material, tools, equipment, flaggers, and
incidentals, and do all the work involved in executing the contract in a satisfactory and
workmanlike manner.
B. STANDARD SPECIFICATIONS AND SPECIAL CONDITIONS
All work embraced herein shall be constructed in strict accordance with the applicable
codes, plans and the Caltrans Standard Specifications, where applicable. All work will be
done under the inspection of CITY and the Director of Public Works and any other public
agency with jurisdiction over the Project and shall be the responsibility of the Contractor.
The work embraced herein shall be done in accordance with specifications approved by
CITY if such work, material or equipment is not specifically detailed in the Contract
Documents, Special Conditions, or accompanying plans.
The parts of the Contract Documents are intended to be complementary.
In case of conflict between Sections 1 through 9 of the Caltrans Standard Specifications
and the General Conditions or Special Conditions of this Agreement, the General
Conditions or Special Conditions shall control. In case of a conflict between the General
Conditions and the Special Conditions, the Special Conditions shall control. In case of
conflict between the Caltrans Standard Specifications and the other Contract Documents,
the provisions of paragraph GC-5.D Coordination And Interpretation Of Plans, Standard
Specifications, and Special Conditions shall apply.
C. FINAL CLEAN-UP
Before acceptance and final payment, the Contractor shall clean the streets, roads,
structures, and all ground occupied by him in connection with 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. Any damage to property, missing signs, mailboxes,
etc. must be repaired/replaced to the satisfaction of CITY. Full compensation for final clean
up shall be deemed included in the prices paid for the various contract items of work, and
no separate payment will be made therefor.
D. CHANGES
CITY reserves the right to make such alterations, deviations, additions to or omissions from
the Contract Documents, including the right to increase or decrease the quantity of any
item or portion of the Work or to omit any item or portion of the Work, as may be deemed
by the Director of Public Works to be necessary or advisable and to require such extra work
as may be determined by the Director of Public Works to be necessary for the proper
completion or construction of the whole work. Changes in quantities shall be in accordance
with the provisions of Section 4-1.03B ("Increased or Decreased Quantities") of the
Caltrans Standard Specifications.
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Any such changes will be set forth in a contract change order which will specify, in addition
to the work to be done in connection with the change made, adjustment of contract time, if
any, and the basis of compensation for such work. A contract change order will not
become effective until approved by CITY in writing.
All changes in the work shall be made as provided in the Contract Documents. Notice is
hereby given that under certain circumstances, changes may require the approval of the
Council, and may further require notice to affected property owners and a public hearing.
E. SALVAGE FOR THE CITY
The Contractor shall remove and preserve carefully any materials designated to be
salvaged for the CITY and shall arrange for the delivery of those materials to the CITY as
directed by the Director of Public Works. The Contractor shall be liable for any damage or
destruction of materials designated for salvage.
F. SEVERABILITY CLAUSE
If any provision or any part of any provision of these Contract Documents is, for any
reason, held to be invalid, unenforceable or contrary to any public policy, law, statute,
regulation or ordinance, then the remainder of these Contract Documents shall not be
affected thereby and shall remain valid and fully enforceable.
G. 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 is a bid price.
The Contractor shall do no extra work except upon written order from the Director of Public
Works. Compensation for authorized extra work will be paid as previously agreed upon in
writing, or by force account as provided in Section 9-1.03 ("Force Account Payment") of the
Caltrans Standard Specifications.
SECTION GC-5 CONTROL OF WORK
A. AUTHORITY OF DIRECTOR OF PUBLIC WORKS
The Director of Public Works shall decide all questions which may arise as to the quality or
acceptability of materials furnished and work performed and as to the manner or
performance and loss of progress of the work; all questions which may arise as to the
interpretation of the plans and specifications; all questions as to the acceptable fulfillment of
the contract on the part of the Contractor; and all questions as to compensation. The
Director of Public Work’s decision shall be final and shall have authority to enforce and
make effective such decisions and orders which the Contractor shall carry out promptly.
B. PLANS AND WORKING DRAWINGS
All authorized alterations affecting the requirements and information given on the approved
plans shall be in writing. No changes shall be made to any plan or drawing without
approval of the Director of Public Works.
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The Plans furnished consist of general drawings and show such details as are necessary to
give a comprehensive idea of the construction contemplated. All authorized alterations
affecting the requirements and information given on the contract plans shall be in writing.
The Plans shall be supplemented by such working drawings prepared by the Contractor as
are necessary to perform the Work adequately. No change shall be made by the
Contractor to any working drawing after it has been approved by the Director of Public
Works.
It is expressly understood, however, that approval of the Contractor's working drawings
shall not relieve the Contractor of any responsibility for accuracy of dimensions and details,
or for mutual agreement of dimensions and details. Contractor shall be responsible for
agreement and conformity of his working drawings with the Contract Documents.
Full compensation for furnishing all working drawings shall be deemed included in the
prices paid for the contract items of work to which such drawings relate and no separate
payment will be made therefor.
C. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS
Work and materials shall conform to the lines, grades, cross sections, dimensions and
material requirements, including tolerances, in the Contract Documents. Although
measurement, sampling and testing may be considered evidence as to such conformity,
the Director of Public Works shall be the sole judge as to whether the work or materials
deviate from the plans and specifications, and his decision as to any allowable deviations
therefrom shall be final. Deviations from the approved plans, as may be required by the
exigencies of construction, will be determined in all cases by the Director of Public Works
and authorized in writing.
D. COORDINATION AND INTERPRETATION OF PLANS, STANDARD
SPECIFICATIONS, AND SPECIAL CONDITIONS
The Caltrans Standard Specifications, the Santa Clara County Standard Plans and
Specifications (if any), any Special Conditions, these General Conditions, contract change
orders, and all supplementary documents are essential parts of the Contract Documents,
and a requirement occurring in one is binding as though occurring in all. They are intended
to be cooperative, to describe, and to provide for a complete work. In the event of a
conflict, the most stringent shall govern.
In the event of any discrepancy between any drawing and the figures written thereon, the
figures shall be taken as correct. Detail drawings shall prevail over general drawings.
E. ORDER OF WORK
When required by the Special Conditions or Plans, the Contractor shall follow the sequence
of operations as set forth therein. Full compensation for conforming with such
requirements will be deemed included in the prices paid for the various contract items of
work and no separate payment will be made therefor.
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F. SUPERINTENDENCE
The Contractor shall provide competent supervision of the Work as approved by the
Director of Public Works. The Contractor or designated representative shall be present at
the site at all times while work is actually in progress. Before starting work, the Contractor
shall designate in writing, a representative who shall have the authority to represent and act
for the Contractor regarding any written or verbal directions, or requests of the Director of
Public Works. Directions or requests delivered to the representative shall have the same
force and effect as if delivered to the Contractor. The authorized representative shall be an
employee of the Contractor’s organization and shall be shown on the Contractor’s payroll
The Contractor will not designate a subcontractor as the authorized representative.
Whenever the Contractor or its representative is not present on any particular part of the
work where the Director of Public Works desires to give direction, the Director of Public
Works will give orders which shall be received and obeyed by the superintendent or
foreman who may have charge of the particular work for which the order is given.
Failure of the Contractor or its representative to be present at the job site at all times when
work is in progress will be deemed failure on the part of the Contractor to perform a
provision of the Contract. If the Contractor or its representative is not present at the job
site, the Director of Public Works may, in accordance with Section 8-1.05 (“Temporary
Suspension of Work”) of the Caltrans Standard Specifications, suspend all work until
satisfactory arrangements have been made to have a designated representative on the site
at all times when work is in progress. No additional compensation or additional working
days will be allowed for such suspension. All working days lost due to such suspension will
be charged to the Contractor.
During periods when work is suspended, arrangements acceptable to the Director of Public
Works shall be made for any emergency work that is required.
G. LINES AND GRADES
Unless otherwise stated, stakes or marks will be set by the Contractor, as the Director of
Public Works determines to be necessary to establish the lines and grades required for the
completion of the Work.
Stakes and marks shall be carefully protected from vandalism and preserved by the
Contractor. In case such stakes and marks are lost, destroyed, or damaged, the Contractor
will replace the stakes within three (3) working days.
H. INSPECTION
The Director of Public Works shall at all times have access to the Work during its
construction and shall be furnished with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the requirements and intentions of
the Contract Documents. All work done and all materials furnished shall be subject to the
Engineer’s inspection.
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The inspection of the work or materials shall not relieve the Contractor of any of its
obligations to perform the Work as prescribed. Work and materials not meeting such
requirements shall be made good; unsuitable work or materials may be rejected,
notwithstanding that such work or materials may have been previously inspected by the
Director of Public Works or that payment therefor has been included in a progress estimate.
I. REMOVAL OF REJECTED AND UNAUTHORIZED WORK
The Contractor shall remedy or remove and replace at its own expense and in an
acceptable manner all work that has been rejected. CITY will not pay for such removal,
replacement, or remedial work.
Any work done beyond the lines and grades shown on the plans or established by the
Director of Public Works, or any extra work done without written authority, will be deemed
unauthorized work for which CITY will not pay. Upon order of the Director of Public Works,
the Contractor shall remedy or remove and replace unauthorized work at the Contractor's
expense.
Upon failure of the Contractor to comply promptly with any order of the Director of Public
Works made under this section, the Director of Public Works may cause rejected or
unauthorized work to be remedied, removed, or replaced, and to deduct the costs from any
monies due or to become due the Contractor.
J. CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor appears to CITY to be
incompetent or to act in a disorderly or improper manner, he or she shall be discharged
immediately on the request of CITY, and such person shall not again be employed on the
Work.
K. FINAL INSPECTION
When the work has been completed, CITY and the Director of Public Works, or Director of
Public Work’s designee, will make the final inspection. The Contractor shall request the
final inspection in writing.
L. STORAGE OF MATERIALS
If a construction staging area is designated on the Project Plans or in the Bid Documents,
the Contractor, with the approval of the Public Works Director, can use the designated
staging area free of charge. If a construction staging area is not specified in the Project
Documents, or should the Contractor require additional real property over that specified in
the Project Documents, the Contractor shall be responsible for securing the staging area at
its own expense.
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SECTION GC-6 CONTROL OF MATERIALS
A. GENERAL
The control of the materials used in the work, including but not limited to the sources,
handling, testing, and rejections, shall conform to Section 6 of the Caltrans Standard
Specifications.
B. SAMPLES AND TESTS
The source of supply of each material shall be approved by the Director of Public Works
before delivery begins and before the material is used in the work.
Upon request of the Director of Public Works or as specified in these documents,
representative material samples of the prescribed character and quality shall be submitted
by the Contractor for testing or examination. No material shall be used without approval of
the Director of Public Works.
All tests of materials furnished by the Contractor shall be made in accordance with
commonly recognized standards of national organizations, and such special methods and
tests as are prescribed in the Caltrans Standard Specifications, and the Special Conditions.
The cost of re-testing material or workmanship that fails to pass the first test shall be borne
by the Contractor. Contractor shall submit all test results to the Director of Public Works
within five (5) calendar days of the testing at no charge to CITY.
Full compensation for conforming with the requirements of this section shall be deemed
included in the prices paid for the various contract items of work and materials, and no
separate payment will be made therefor.
C. DEFECTIVE MATERIALS
All materials that the Director of Public Works determines do not conform to the
requirements of the Contract Documents will be rejected, whether in place or not. They
shall be removed immediately from the work site, unless otherwise permitted by the
Director of Public Works. No rejected material shall be used in the Work, unless the
defects are corrected and the Director of Public Works gives written approval.
Upon failure of the Contractor to comply promptly with any order of the Director of Public
Works made pursuant to this section, the Director of Public Works may cause the removal
and/or replacement of rejected material and may deduct the costs thereof from any monies
due or to become due the Contractor.
D. CHANGES TO SPECIFICATIONS/APPROVED EQUALS
Changes to the specifications will be made by written addendum executed by the Public
Works Director.
Requests for approved equals or for clarification of specifications and protests of
specifications must be received by CITY, in writing, by the time specified in the Instructions
to Bidders prior to bid deadline or, if made after the contract is awarded, no more than
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fifteen days after the facts giving rise to the request came to the attention of the Contractor.
Any request for an approved equal or protest of the specifications must be fully supported
with technical data, test results, or other pertinent information as evidence that the
substitute offered is equal to or better than the specification requirement.
If CITY determines the requested material or system is equal to that specified, CITY will
notify the Bidders prior to bid deadline or Contractor within thirty calendar days after
receiving the request. CITY’s failure to notify the Bidders or the Contractor of an approved
equal shall be deemed a rejection of the requested substitution.
Wherever brand, manufacturer or product names are indicated in the specifications, they
are included ONLY for the purpose of establishing identification and a general description
of the item. Wherever such names appear, the term “or approved equal” should be
understood to follow.
It should be understood that specifying a brand name, components and/or equipment in
this specification shall not relieve the supplier from its responsibility to produce the product
in accordance with the performance warranty and contractual requirements. The supplier
is responsible for notifying CITY of any inappropriate brand name, component and/or
equipment that may be called for in the specifications and to propose a suitable substitute
for consideration.
E. WARRANTY OF TITLE.
Contractor warrants to CITY and its successors and assigns that the title to the materials,
supplies or equipment covered by the Contract, when delivered to CITY or to its successors
or assigns, is free from all liens and encumbrances.
F. WARRANTY OF FITNESS.
Contractor warrants that all materials, supplies and products furnished meet the
requirements and conditions of the Contract Documents and are fit for the purpose
intended.
G. WARRANTY OF MERCHANTABILITY.
Contractor warrants that the goods are merchantable in accordance California Commercial
Code Section 2314. In accepting this and other warranties and the materials or supplies to
be manufactured or assembled pursuant to the Contract Documents, CITY does not waive
any warranty, either express or implied, in California Commercial Code Sections 2312
through 2315, inclusive, or any liability of the manufacturer as determined by any decision
of a court of the State of California or of the United States.
SECTION GC-7 LEGAL RELATIONS AND RESPONSIBILITY
A. GENERAL
In connection with laws to be observed and responsibility of the Contractor, attention is
directed to Section 7 ("Legal Relations and Responsibility") of the Caltrans Standard
Specifications and to the laws applicable to this contract and to the Work that are
referenced therein. Full compensation for conforming to the provisions of Section 7-1.08
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("Public Convenience") and Section 7-1.09("Public Safety") shall be deemed included in the
prices paid for the various contract items of work, and no separate payment will be made
therefor.
B. LAW S TO BE OBSERVED
The Contractor shall keep itself fully informed of all existing and future state and federal
laws and county and municipal ordinances and regulations which in any manner affect
those engaged or employed in the work, or the materials used in the work, or which in any
way affect the conduct of work, and of all such orders and decrees of bodies or tribunals
having any jurisdiction or authority over the same.
The Contractor shall at all times observe and comply with, and shall cause all his agents
and employees to observe and comply with all existing and future laws, ordinances,
regulations, orders, and decrees applicable to this contract or to the Work.
The Contractor shall protect and indemnify CITY, and all officers and employees thereof
connected with the work, against any claim or liability arising from or based on the violation
of any such law, ordinance, regulation, order, or decree, whether by CITY’s representative
or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings,
specifications, or contract for the work in relation to any such law, ordinance, regulation,
order, or decree, the Contractor shall forthwith report the same to the Director of Public
Works in writing.
C. LABOR
In connection with laws to be observed and responsibility of the Contractor, attention is
directed to Section 7 ("Legal Relations and Responsibility") of the Standard Specifications
and to the laws applicable to this contract and to the Work that are referenced therein.
Attention is particularly directed to the subsections pertaining to Hours of Labor, Alien
Labor, Labor Discrimination, Prevailing Wages, Apprentices, and the Fair Labor Standards
Act.
This is a public works contract within the meaning of Part 7 of Division 2 of the California
Labor Code (Sections 1720 et seq.), and the contractor and any subcontractor under him
shall pay not less than the specified prevailing wage rates to all workers employed.
Pursuant to the provisions of Section 1773 of the California Labor Code, the CITY has
obtained the general prevailing rate of wages and employer payments for health and
welfare, vacation, pension and similar purposes in the CITY of Saratoga, a copy of which is
on file 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works
Director, and shall be made available for viewing to any interested party upon request.
Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal,
subject to the requirements of section 4104 of the California Labor Code, and shall not
engage in the performance of any work under this contract, unless currently registered and
qualified to perform public work pursuant to section 1725.5 of the California Labor Code.
Contractor represents and warrants that it is, registered and qualified to perform public
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work pursuant to section 1725.5 of the California Labor Code unless otherwise noted in
supplemental provisions hereto.
Contractor shall post at the job site the determination of the director of the prevailing rate of
per diem wages together with all job site notices that are required by regulations of the DIR.
As required by Labor Code Section 1773.8, the Contractor shall pay travel and subsistence
payments to each worker needed to perform the Work, as such travel and subsistence
payments are defined in the applicable collective bargaining agreements filed in
accordance with Section 1773.8.
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. Contractor and any subcontractors shall keep accurate payroll
records, in accordance with Section 1776 of the Labor Code, showing the name, address,
social security number, work classification, straight time and overtime hours worked each
day and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by Contractor or subcontractor in connection with the
Work and shall furnish the records specified in California Labor Code section 1776 directly
to the Labor Commissioner at least monthly in a format prescribed by the Labor
Commissioner and otherwise in accordance with law.
Contractor or subcontractor shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for
each worker employed in the execution of the contract by the respective contractor or
subcontractor for each calendar day during which the worker is required or permitted to
work more than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of this article.
Attention is directed to the provisions in of the Labor Code Sections 1777.5 and 1777.6
concerning the employment of apprentices by the Contractor or any subcontractor under
the Contractor. It shall be the responsibility of the Contractor to comply with and to insure
that all subcontractors comply with the requirements of said sections in the employment of
apprentices. Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex-officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be
required to secure the payment of worker’s compensation to its employees in accordance
with the provisions of Section 3700 of the Labor Code.
Prior to commencement of work, the Contractor shall sign and file with the Director of
Public Works a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-
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insurance in accordance with the provisions before commencing the performance of the
work of this contract."
Full compensation for conforming to the requirements of this section shall be deemed
included in the prices paid for the various contract items of work, and no separate payment
will be made therefor.
All penalties set forth in Section 7 ("Legal Relations and Responsibilities") of the Caltrans
Standard Specifications shall be payable to the City of Saratoga.
D. CONTRACTOR'S LICENSING LAWS
Attention is directed to the California Business and Professions Code Sections 7000 et seq.
concerning the licensing of contractors. All bidders and subcontractors shall be licensed in
accordance with the laws of this State and any bidder or subcontractor not so licensed is
subject to penalties imposed by such laws.
E. CHILD AND FAMILY SUPPORT OBLIGATIONS
The contractor shall fully comply with all state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and compliance
with earnings assignment orders, as provided in Chapter (commencing with Section 5200)
of Part 5 of Division 9 of the Family Code.
F. DOMESTIC MATERIALS
Only such unmanufactured materials as have been produced in the United States, and only
such manufactured materials as have been manufactured in the United States,
substantially all from materials produced in the United States, shall be used in the
performance of the contract, in accordance with the provisions of California Government
Code Sections 4300 et seq.
Pursuant to California Government Code Section 4304, any person who fails to comply with
this section of the contract shall not be awarded any contract for the construction, alteration
or repair of public works or for the purchase of materials for public use for a period of three
(3) years from the date of the violation.
G. PAYMENT OF TAXES
The contract prices paid for the Work shall include full compensation for all taxes the
Contractor is required to pay, whether imposed by federal, state or local government,
including, without being limited to, federal excise tax. Taxes shall be deemed included in
the prices paid for the various contract items of work, and no separate payment will be
made therefor.
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H. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all
notices necessary and incidental to the due and lawful prosecution of the Work. Any
construction permits required by CITY for performing any work on this project will be issued
by CITY at no charge to the Contractor. The Contractor and all subcontractors shall pay all
CITY business license fees.
I. PATENTS
The Contractor shall assume all costs arising from the use of patented materials,
equipment, devices, or processes used on or incorporated in the Work. In addition to the
obligations set forth in paragraph N ("Responsibility for Damage") below, the Contractor
shall indemnify, defend, and hold CITY, its elected and appointed officials, and its
employees harmless against any claim arising from Contractor’s work under this
Agreement in which a violation of intellectual property rights, including but not limited to
copyright or patent infringement, is alleged.
J. SAFETY
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons (including employees) and property on or near the Project or
adjacent to the work site during the performance of the Work. This requirement shall apply
continuously and not be limited to normal working hours.
The duty of the Director of Public Works to conduct review of the Work does not include
review or approval of the adequacy of the Contractor’s safety program, safety supervisor,
or any safety measures taken in, on, or near the job site.
Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable
federal, state, county, and local laws, ordinances, codes, and regulations. Where any of
these are in conflict, the more stringent requirement shall be followed. The Contractor’s
failure to thoroughly familiarize itself with the aforementioned safety provisions shall not
relieve it from the obligation to comply with such provisions or from the penalties set forth
therein.
The Contractor shall develop and maintain for the duration of this contract a safety program
that will effectively incorporate and implement all required safety provisions. The Contractor
shall appoint a qualified employee to supervise and enforce compliance with the safety
program. Information regarding the safety program shall be posted at the project site.
K. PUBLIC CONVENIENCE AND SAFETY
Contractor shall submit a traffic control plan to the Director of Public Works for approval
prior to start of work.
The Contractor's attention is directed to Section 7-1.08 ("Public Convenience") and 7-1.09
("Public Safety") of the Caltrans Standard Specifications. Full compensation for complying
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with the provisions of such subsections shall be deemed included in the prices paid for the
various contract items of work, and no separate payment will be made therefor.
All signs required by the Director of Public Works shall be furnished and installed by the
Contractor. The cost of furnishing, installing, maintaining, and removing such signs shall
be deemed included in the prices paid for the various contract items of work, and no
separate payment will be made therefor.
The Contractor shall notify the Fire Department and Sherriff’s office in writing at least 2
working days before closing any street or otherwise hindering access by emergency
vehicles to any area.
L. FLAGGING COSTS
The costs of furnishing all flagmen and guards under the provisions of this section and
Sections 7-1.08 ("Public Convenience"), 7-1.09 ("Public Safety"), and 12-2.02 ("Flagging
Costs") of the Caltrans Standard Specifications will be borne by the Contractor and shall be
considered included in the prices paid for the various contract items of work; no separate
payment will be made therefor.
M. PRESERVATION OF PROPERTY
Attention is directed to Section 7-1.12 ("Indemnification and Insurance") and to Section 8-
1.10, ("Utility and Non-Highway Facilities") of the Caltrans Standard Specifications.
Contractor shall exercise due care to avoid injury to existing highway improvements or
facilities, utility facilities, adjacent property, and roadside trees and shrubbery that are not to
be removed.
Roadside trees and shrubbery; pole lines, fences; mailboxes; signs; markers and
monuments; buildings and structures; conduits; pipe lines under or above ground ; sewer
and water lines ; all highway facilities ; and any other improvements or facilities within or
adjacent to the work, other than those to be removed in accordance with the plans, shall be
protected from injury or damage. If ordered by the Director of Public Works, the Contractor
shall provide and install suitable safeguards, approved by the Director of Public Works, to
protect such objects from injury or damage. If such objects are injured or damaged by
reason of the Contractor's operation, 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 the contract, if any such
objects are a part of the work being performed under the contract. The Director of Public
Works may make or cause to be made such temporary repairs as are necessary to restore
to service any damaged highway or other facility. 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.
It shall be the Contractor's responsibility to ascertain the existence of any underground
improvements or facilities that may be subject to damage in the course of performing the
Work. A minimum of forty-eight (48) hours, or two working days, prior to beginning of
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construction, the Contractor shall notify Underground Services Alert (USA), telephone 1-
800-642-2444, to have existing facilities marked in the field.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and
for doing all the work involved in protecting or repairing property as specified in this section
shall be deemed included in the prices paid for the various contract items of work and no
separate payment will be made therefor.
N. PRE CONSTRUCTION SURVEY
The Contractor shall, if required by CITY, provide pre-construction color photographs,
35mm or larger film size, of the work site including surrounding areas as stated above.
Each photograph shall be marked to indicate the date, name of work, and the location
where the photograph was taken. Photographs shall be taken at intervals as directed by
the Director of Public Works or his designee.
Prints shall be submitted in a three-ring photo album binder with clear plastic-covered
fillers, four photos each side, grouped according to street, lateral, or line, and in sequence.
Each group of prints shall be identified by a label that projects beyond the edge of filler and
is easily recognized. Negatives may be placed within the filler sleeves or submitted
separately.
Approximately twenty-five (25) photographs shall be submitted to the Director of Public
Works for the Director of Public Work’s approval. This approval shall be obtained before
proceeding with the remaining photographs. Video may also be required if specified in the
technical specifications.
The photographs and/or video tapes shall be submitted to the Director of Public Works
either prior to or with the first progress payment request. The progress payment request
will not be considered for payment until the Director of Public Works accepts this
deliverable.
Full compensation for furnishing all pre-construction survey photos and/or videos shall be
deemed included in the prices paid for the various contract items of work and no separate
payment will be made therefor.
O. RESPONSIBILITY FOR DAMAGE
The City of Saratoga and all officers and employees thereof connected with the Work,
including but not limited to the City Council, shall not be answerable 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; or for damage to property from any cause except
losses due to sole or active negligence of the City of Saratoga's officers or employees.
All loss or damage arising from any unforeseen obstruction or difficulties, either natural or
artificial, which may be encountered in the execution of the work, or the furnishing of the
supplies, materials, or equipment, or from any action of the elements prior to final written
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acceptance of the work, or of the supplies, materials or equipment, or from any act or
omission not authorized by the Contract Documents on the part of the Contractor or any
agent or person employed by it, shall be sustained and borne solely by the Contractor.
Notwithstanding any other provision of the Contract Documents, Contractor shall, to the
fullest extent allowed by law, defend, indemnify and hold harmless the City of Saratoga, its
elected and appointed officials, and its employees from all liability, penalties, costs, losses,
damages, expenses, causes of action, claims or judgments, including attorney's fees and
other defense costs, resulting from injury to or death sustained by any person (including
Contractor's employees), or damage to property of any kind, or any other injury or damage
whatsoever arising out of or in any way connected with the performance of the Contract,
including any of the same resulting from the alleged or actual negligent acts or omissions of
CITY’s officers, agents, contractors or employees; except that said indemnity shall not be
applicable to injury, death or damage to property arising from the sole or active negligence
or willful misconduct of CITY, its officers, agents, or employees who are directly responsible
to CITY. This indemnification shall extend to claims asserted after termination of this
Contract for whatever reason.
Without limiting the generality of the foregoing indemnity, such indemnity obligation
expressly extends to and includes any and all claims, demands, losses, damages, costs,
expenses, fines, penalties, judgments or liability occasioned as a result of:
a) Damages to adjacent property caused by the conduct of the Work;
b) The violation by the Contractor, the Contractor’s agents, employees, or
independent contractors or subcontractors, of any provisions of federal, state or
local law, including applicable administrative regulations such as, without limitation,
discharge permit requirements;
c) Injury to or death of any person, or any property damage to property owned by any
person while on or about the site or as a result of the Work, whether such persons
are on or about the site by right or not, whenever the Work is alleged to have been
a contributing cause in any degree whatsoever.
In addition to any remedy authorized by law, so much of the money due the Contractor
under and by virtue of the contract as shall be considered necessary by CITY, may be
retained by CITY until disposition has been made of such suits or claims for damage.
P. COOPERATION
Should construction be under way by CITY, other agencies or other contractors within or
adjacent to the limits of the Work, or should work of any other nature be under way by other
forces within or adjacent to said limits, the Contractor shall cooperate with all such other
contractors or other forces to the end that any delay or hindrance to their work will be
avoided.
CITY reserves the right to perform other or additional work at or near the site (including
material sources) at any time, by the use of other forces.
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Q. CONTRACTOR'S RESPONSIBILITY FOR WORK AND MATERIALS
Until the final acceptance of the contract, the Contractor shall have the charge and care of
the Work and of the materials to be used therein, including materials for which partial
payment has been received. 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 the Special Conditions.
R. ACCEPTANCE OF CONTRACT
Upon completion of the Project CITY will conduct such tests as may be required to
determine to its own satisfaction that the Project is in conformance with the terms,
conditions and requirements of the Contract Documents. After final inspection, CITY shall
determine whether or not to accept the Project and will notify the Contractor in writing within
fifteen (15) days thereof. In the event of non-acceptance, CITY shall inform the Contractor
in writing of the deficiencies found.
When the Director of Public Works has made the final inspection and determines that the
contract has been completed in all respects in accordance with the plans and
specifications, the Director of Public Works may recommend that the Council formally
accept the contract. Immediately upon and after such acceptance by the Council, the
Contractor will not be required to perform any further work, except completion or correction
of such items as the Director of Public Works may direct, and the Contractor shall be
relieved of his responsibility for injury to persons or property or damage to the Work that
occurs after the formal acceptance by the Council.
The formal acceptance by the Council does not relieve the Contractor of the one (1) year
maintenance responsibility.
S. PERSONAL LIABILITY
Neither the Council, nor any other officer or authorized employee of the City of Saratoga,
nor any officer or employee of any state, county, or local agency shall be personally
responsible for any liability arising under or by virtue of the contract.
T. INSURANCE
Within ten (10) days after award of the Contract, the Contractor shall promptly obtain, at its
own expense, all the insurance described in this section, and submit coverage verification
for review and approval by CITY. This insurance shall be in addition to any other form of
insurance or bonds required under the terms of the contract.
The Notice to Proceed with the Work will not be issued, and the Contractor shall not
commence work, until such insurance has been approved by CITY. Such insurance shall
remain in full force and effect at all times during the prosecution of the Work and until the
final completion and acceptance thereof. In addition, the Commercial General Liability
Insurance shall be maintained for a minimum of five (5) years after final completion and
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acceptance of the Work. The Notice to Proceed does not relieve the Contractor of the duty
to obtain such insurance as required herein.
Contractor agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work.
Subcontractors hired by Contractor shall agree to be bound to Contractor and CITY in the
same manner and to the same extent as Contractor is bound to the CITY under this
agreement. Subcontractors shall further agree to include these same provisions with any
sub-subcontractor. Contractor shall provide subcontractor with a copy of the indemnity and
insurance provisions of this agreement as a part of Contractor’s subcontract with
subcontractor. Contractor shall not allow any subcontractors to commence work until all
insurance required of the subcontractor has been obtained and verified by the Contractor
and submitted to CITY. Subcontractors shall furnish original certificates and endorsements
as verification of insurance coverage. The liability insurance limits specified herein shall
apply to all subcontractors listed in Contractor’s bid. The Contractor shall designate
appropriate insurance limits for all other subcontractors.
Companies writing the insurance under this article shall be authorized to do business in the
State of California. Insurance is to be placed with insurers with a current A.M. Best’s rating
of no less than A:VII.
Contractor shall include all costs for all insurance in its bid.
Nothing contained in these insurance requirements is to be construed as limiting the extent
of the Contractor's responsibility for payment of damages resulting from its operations
under this Contract. Coverage required hereunder shall operate as Primary Insurance.
The Contractor shall procure, pay for, and maintain throughout the duration of this Contract
the following insurance coverage:
Commercial General and Automobile Liability Insurance - This insurance shall protect
the Contractor from claims for bodily injury and property damage which may arise
because of the nature of the work or from operations under this Contract. The coverage
shall be at least as broad as Insurance Services Office (ISO) Commercial General
Liability coverage (occurrence Form CG 0001), ISO Form G0009 11 88 Owners and
Contractors Protective Liability Coverage – Coverage for Operations of Designated
Contractor) and Insurance Services Office Form Number CA 0001 covering Automobile
Liability, code 1 (any auto).
Claims-made policies will not be accepted.
a. Additional Insureds – The Commercial General Liability ("CGL") and Automobile
Liability policy(ies) of insurance shall be endorsed to name as additional insureds
the City of Saratoga, all of its elected and appointed officials, directors, officers,
employees, agents, servants, and volunteers (each an “additional insured”) are to be
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covered as insureds with the same coverage and limits available to the named
insured regarding: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned,
occupied or used by the Contractor; or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of the protection afforded to the CITY, its officers, officials, employees, agents
or volunteers. Any available insurance proceeds broader than or in excess of the
minimum insurance coverage requirements and/or limits specified in this agreement
shall be available to the additional insured. The requirements for coverage and
limits shall be (1) the minimum coverage and limits specified in this agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. The Contractor’s
insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability. The additional
insured coverage under Contractor’s policy shall be ''primary and non-contributory"
and will not seek contribution from the CITY’s insurance or self-insurance and shall
be at least as broad as CG 20 01 04 13 and CG 20 38 04 13.
b. Amount of Coverage - The bodily injury and property damage liability of the CGL
insurance shall provide coverage in the following limits of liability: $2,000,000 per
occurrence with an annual general aggregate limit of not less than $2,000,000, and
$2,000,000 products and completed operations aggregate, combined single limit.
The Automobile Liability insurance policy shall provide minimum limits of $1,000,000
per accident for bodily injury and property damage.
c. Subcontractors - The CGL insurance shall not require the Contractor to have its
subcontractors named as insureds in the Contractor's policy, but the insurance shall
protect the Contractor from contingent liability which may arise from operations of its
subcontractors.
d. Included Coverage - The CGL insurance shall also include all of the following
coverages:
Premises – Operations;
Owner's/Independent Contractors and Contractor's Protective;
Products - Completed Operations;
Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.);
Blanket Contractual Liability, including the indemnity agreement in this contract;
Separation of Insureds / Cross-Liability Provisions;
Duty to Defend All Insureds;
Deletion of any limitation on Coverage for Bodily Injury or Property Damage Arising
Out of Subsidence or Soil or Earth Movement;
A provision that the annual general aggregate and the products and completed
operations annual aggregate shall apply separately to the Project;
Pollution Legal Liability Endorsement;
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XCU - Explosion, Collapse, Underground Damage. (XCU may be deleted with
CITY’s prior written approval when not applicable to operations performed by the
Contractor or its sub-contractors.)
e. At the option of the Contractor, primary limits may be less than required, with an
Umbrella Policy or Follow-Form Excess Liability Policy providing the additional limits
needed. This form of insurance will be acceptable provided that the Primary and
Umbrella/Excess Policies both provide the insurance coverages herein required,
including all additional insured requirements. The umbrella/excess insurance shall
be provided on a “following form” basis with coverage at least as broad as provided
on the underlying CGL insurance.
f. The certificate of insurance shall guaranty that the policy will not be amended,
altered, modified, or canceled without at least thirty (30) days notice mailed by
registered mail to the Administrative Services Director, City of Saratoga; 13777
Fruitvale Ave.; Saratoga, California 95070.
g. In accordance with Insurance Code Section 11580.04, coverage shall not extend to
any indemnity coverage for the active negligence of the additional insured in any
case where any agreement to indemnify the additional insured would be invalid
under Civil Code Section 2782(b).
Workers’ Compensation Insurance – California Labor Code Sections 3700 et seq. require
every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that code. The Contractor shall comply
and shall ensure that all subcontractors comply with such provisions. In addition, the
Contractor shall have and maintain Employers' Liability insurance with limits of $1,000,000
per accident for bodily injury or disease before commencing the performance of the Work.
Before the Notice to Proceed is issued, the Contractor shall submit written evidence that
the Contractor has obtained for the period of the Contract full Workers’ Compensation
Insurance coverage for all persons whom it employs or may employ in carrying out the
Work. This insurance shall be in accordance with the requirements of the most current and
applicable State Workers’ Compensation Insurance Laws.
Builder's Risk Insurance - The Contractor shall purchase and maintain "All Risk or Special
Form" Builder's Risk Insurance on a replacement cost basis in an amount equal to the full
replacement cost of the Work on a completed value basis, including coverage for ‘soft
costs’ such as design, engineering, and construction management fees. The builder's risk
insurance shall cover all risks of loss, including but not limited to fire; lightning; windstorm;
hail, explosion; riot; riot attending a strike; civil commotion; smoke damage; damage by
aircraft or vehicles; vandalism and malicious mischief; theft; collapse; flood; and
earthquake. This insurance shall name the City of Saratoga, its elected and appointed
officials, employees, agents and servants and the Contractor as insureds, as their interests
may appear, and shall include coverage including, but not limited to all damages or loss to
the Work; to appurtenances; to materials and equipment to be used on the Project while
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the same are in transit or stored on or off the project site; and/or to construction plant and
temporary structures. This insurance is required only if listed as a separate bid item in the
bid schedule.
Coverage for acts of God, as defined in Public Contract Code Section 7105, in excess of
five percent of the Contract amount is subject to separate coverage and is required only if
listed as a separate bid item in the bid schedule.
Builder’s Risk Insurance policies shall contain the following provisions:
(1) CITY shall be named as loss payee.
(2) The insurer shall waive all rights of subrogation against CITY.
Builder’s Risk Insurance may have a deductible clause not to exceed the following limits:
(1) If, pursuant to Public Contract Code Section 7105, CITY requires coverage for any
damage to the work caused by an act of God, and has set forth the amount of the work to
be covered and the insurance premium for such coverage as a separate bid item, the
deductible for such coverage shall not exceed five percent (5%) of the value of the Work at
risk at the time of the loss.
(2) All other perils: $5,000.
The Contractor shall be responsible for paying any and all deductible costs.
The policy shall provide CITY the right to occupy the premises without termination of the
policy until acceptance of the project.
Proof of Coverage - Before the Notice to Proceed is issued, the Contractor shall furnish
CITY with certificate(s) evidencing issuance of all required insurance and copies of the
policy declaration or information page(s) and endorsements. The certificate(s) and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates are to be on amended ACORD
forms and ISO endorsement forms or equivalent endorsement forms acceptable to CITY.
The certificate(s), policy declaration or information page(s), and endorsements are to be
received and approved by CITY before work commences. Endorsements are not required
for Workers Compensation or Builder's Risk Insurances. Such certificates of insurance
shall provide that the insurance policy shall not be cancelable, nonrenewable, or otherwise
be subject to material modification, except with thirty (30) days' prior written notice to CITY.
Contractor shall also provide certificate(s) evidencing renewals of all insurance required
herein, at least ten (10) days prior to the expiration date of any such insurance.
Deductibles and Self-Insured Retentions - Any deductibles or self-insured retentions must
be declared to and approved by the CITY. At the option of the CITY, either (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY,
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its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
The limits of insurance required in this agreement may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain
or be endorsed to contain a provision that such coverage shall also apply on a primary and
non-contributory basis for the benefit of CITY (if agreed to in a written contract or
agreement) before the CITY’s own insurance or self-insurance shall be called upon to
protect it as a named insured.
Waiver of Subrogation - Contractor hereby grants to CITY a waiver of any right to
subrogation which any insurer of Contractor may acquire against CITY by virtue of the
payment of any loss under such insurance. Contractor agrees to obtain any endorsement
that may be necessary to effect this waiver of subrogation, but this provision applies
regardless of whether CITY has received a waiver of subrogation endorsement from the
insurer.
Maintenance of Coverage - Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its
insurer to cancel any insurance policy required by this agreement except after providing 30
days prior notice to the CITY. If an insurance policy required by this agreement is
unilaterally cancelled or changed by the insurer, Contractor shall immediately provide
written notice to the CITY and obtain substitute insurance meeting the requirements of this
agreement. Nothing in this paragraph relieves Contractor of its obligation to maintain all
insurance required by this agreement at all times during the term of the agreement.
Noncompliance - If the Contractor fails to comply strictly with all requirements of this
section or if CITY receives any notice that any required insurance coverage will be
diminished or canceled, CITY, at its option, may, notwithstanding any other provisions of
this Agreement to the contrary, immediately declare a material breach of this Agreement
and suspend all further work pursuant to this Agreement.
U. ABANDONMENT OR DELAY OF WORK
CITY reserves the right to terminate the Contractor’s control of the Work in accordance with
Section 8-1.08 (“Termination of Control”) of the Caltrans Standard Specifications.
CITY reserves the right to terminate the contract in accordance with Section 8-1.11
(“Termination of Contract”) of the Caltrans Standard Specifications.
CITY also reserves the right to terminate the Contract for any of the following reasons:
• The Contractor is insolvent or has made a general assignment for the benefit of
creditors, or a receiver has been appointed on account of the insolvency of the
Contractor.
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• The Contractor or any of its subcontractors violate any of the material provisions of
the Agreement or fail to perform the Work within the time specified in the Contract
Documents.
• The Contractor or any of its subcontractors should fail to make prompt payment to
subcontractors or to suppliers for material or for labor.
• The Contractor or a subcontractor persistently disregards laws, ordinances, or the
instructions of CITY or the Director of Public Works.
• The Contractor fails to abide by a proper stop work notice or fails to correct rejected
work or materials.
• The Contractor fails to provide and keep in full force and effect all required insurance
or fails to cause all subcontractors to so comply.
• The Contractor fails to supply a sufficient number of properly skilled workers or
proper materials, or fails to diligently prosecute the Work.
• The Contractor commits any substantial violation of the Contract that constitutes a
material breach of the Contract.
CITY may, without prejudice to any other right or remedy, give written notice to the
Contractor of its intention to terminate the contract.
If, within seven (7) days of the delivery of such notice, the Contractor does not cease such
violation or otherwise make satisfactory arrangements for a correction thereof, which
arrangements are set forth in a written agreement signed by the Contractor and CITY, the
Contractor’s right to complete the Work shall cease and terminate.
If CITY terminates the Contractor's control for failure to correct the violation, it shall
immediately give written notice of termination to the Contractor.
If CITY takes over the Work, it may prosecute the same to completion by contract or by any
other method it deems advisable, for the account and at the expense of the Contractor.
The Contractor shall be liable to CITY for any excess costs, including management,
supervision, and design support, occasioned thereby. In such event, CITY may, without
liability, take possession of and utilize in completing the Work, the Contractor’s materials
and equipment to be incorporated into the Work, whether stored at the project site or
elsewhere. Whenever the Contractor’s right to proceed is terminated, the Contractor shall
not be entitled to receive any further payment until the Work is finished.
If CITY terminates the Contract for cause, CITY may retain out of any funds due or to
become due the Contractor the amount of the cost of completing the Work and any
expenses incidental to reletting the contract or performing the Work. CITY may also hold
the Contractor and the Contractor's sureties responsible for such cost and expense, and for
any damages resulting from the abandonment or failure. The Contractor shall not receive
any further payment until the Work is complete.
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V. ASSIGNMENT OF ANTI-TRUST CLAIMS
In entering into a public works contract or a subcontract to supply goods, services, or
materials pursuant to a public works contract, the contractor or subcontractor offers and
agrees to assign to the awarding body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made
and become effective at the time the awarding body tenders final payment to the
contractor, without further acknowledgement by the parties.
W. CONTRACTOR’S BOOKS AND RECORDS.
A. Contractor and its subcontractors shall establish and maintain records
pertaining to this contract. Contractor’s and subcontractors’ accounting systems shall
conform to generally accepted accounting principles and all records shall provide a
breakdown of total costs charged under this contract, including properly executed payrolls,
time records, invoices and vouchers.
B. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks and other records or documents evidencing or relating to
charges for services or expenditures and disbursements charged to CITY for a minimum
period of three (3) years, or for any longer period required by law, from the date of final
payment to Contractor to this Agreement.
C. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any
longer period required by law, from the date of termination or completion of this Agreement.
D. Any records, data or documents required to be maintained pursuant to this
Agreement shall be made available for inspection, copying or audit, at any time during
regular business hours, upon written request by CITY or a designated representative for
the purpose of auditing and verifying statements, performance, invoices, or bills submitted
by Contractor pursuant to this contract and shall provide such assistance as may be
reasonably required in the course of such inspection. Copies of such documents shall be
provided to CITY for inspection at CITY’s facility when it is practical to do so. Otherwise,
unless an alternative is mutually agreed upon, the records shall be available at Contractor’s
address indicated for receipt of notices in the Agreement.
E. Where CITY has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor’s business,
CITY may, by written request, require that custody of the records be given to CITY and that
the records and documents be maintained at CITY’s facility. Access to such records and
documents shall be granted to any party authorized by Contractor, Contractor’s
representatives, or Contractor’s successor-in-interest.
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F. Pursuant to California Government Code Section 8546.7, the parties to this
Contract shall be subject to the examination and audit of representative of the Auditor
General of the State of California for a period of three (3) years after final payment under
the contract. The examination and audit shall be confined to those matters connected with
the performance of this contract including, but not limited to, the cost of administering the
contract.
SECTION GC-8 PROSECUTION AND PROGRESS
A. GENERAL
The prosecution and progress of the work shall conform to Section 8 of the Caltrans
Standard Specifications and the Special Conditions.
B. SUBLETTING AND ASSIGNMENT
Attention is directed to Section 8-1.01 ("Subcontracting") of the Caltrans Standard
Specifications which provides that the Contractor shall give personal attention to the
performance of the Contract and shall keep the Work under its control.
No subcontractors will be recognized as such, and all persons engaged in the work of
construction will be deemed employees of the Contractor. The Contractor will be held
responsible for all subcontractors' work, which shall be subject to the provisions of the
Contract and specifications.
When a portion of the work that has been subcontracted by the Contractor is not being
prosecuted in a manner satisfactory to CITY, the subcontractor shall be removed
immediately on the requisition of CITY and shall not again be employed on the work.
Attention is directed to Section 8-1.02 ("Assignment") of the Standard Specifications. The
performance of the Contract may not be assigned except upon written consent of CITY.
C. COMMENCEMENT OF WORK, PROGRESS, AND TIME FOR COMPLETION
The Contractor shall begin work within ten (10) working days after the date specified on the
Notice to Proceed and shall diligently prosecute the same to completion within the time set
forth in these Contract Documents.
D. HOURS OF WORK, HOLIDAYS, AND OVERTIME.
The Contractor shall perform all work during the working hours of 7:30 a.m. to 5:00 p.m.,
Monday through Friday (unless otherwise noted below). If the Contractor wishes to work
during any other hours or on weekends, the Contractor must obtain written permission from
CITY. The request must be received at least two (2) working days in advance of any work.
No work will be allowed on CITY holidays except in an emergency. A listing of CITY
holidays is available from the City Clerk's Office 13777 Fruitvale Avenue, Saratoga,
California, 95070.
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If Contractor requests overtime work in which CITY will incur costs, CITY reserves the right
to bill the Contractor at time and one half to cover the costs incurred.
E. TEMPORARY SUSPENSION OF WORK
In accordance with Section 8-1.05 ("Temporary Suspension of Work") in the Caltrans
Standard Specifications, the Director of Public Works or his designee shall have the
authority to suspend the Work wholly or in part, for such a period as the Director of Public
Works may deem necessary.
F. TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall complete all or any designated portion of the work called for under the
contract in all parts and requirements within the time set forth in the Special Conditions.
The Contractor's attention is directed to Section 8-1.07 ("Liquidated Damages") of the
Caltrans Standard Specifications which shall apply here. In addition to the foregoing
liquidated damages, CONTRACTOR shall pay any fines, penalties or other monetary
sanctions levied by any authority having jurisdiction over the Project on account of delays in
completing the WORK not solely attributable to CITY, including but not limited to violations
of discharge permit limits or other discharge restrictions.
The parties to the Contract agree that in case all the work called for under the Contract is
not completed before or upon the expiration of the time limit as set forth in this Agreement
damage will be sustained by the CITY. The parties further agree that it is and will be
impracticable to determine the actual damage that the CITY will sustain in the event of and
by reason of such delay. It is therefore agreed that the Contractor will pay to the CITY the
sum stated in the Notice Inviting Bids for each and every calendar day's delay beyond the
time prescribed to complete the work. The Contractor agrees to pay such liquidated
damages as herein provided, and in case the same are not paid, agrees that the CITY may
deduct the amount thereof from any monies due or that may become due the Contractor
under the Agreement.
It is further agreed that if the work called for under the Contract is not finished and
completed in all parts and requirements within the time specified, CITY shall have the right
to extend the time for completion. CITY is under no obligation to extend the time for
completion. If CITY decides to extend the time for completion, it 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 it may deem proper, of the actual cost of
engineering, inspection, superintendence, and other overhead expenses which are directly
chargeable to the Contract, and which accrue during the period of such extension, except
that the cost of final surveys and preparation of final estimate shall not be included in such
charges.
The Contractor will not be assessed liquidated damages or the cost of engineering and
inspection during a delay in the completion of the Work caused by acts of God (as defined
in Public Contract Code Section 7105) or of the public enemy; fire; floods; epidemics;
quarantine restrictions; strikes; freight embargoes; unusually severe weather; and/or delays
of subcontractors due to such causes, provided that the Contractor within fifteen (15) days
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from the beginning of any such delay notifies the Director of Public Works in writing of the
causes of delay. The Director of Public Works shall ascertain the facts and the extent of
delay, and the Director of Public Work’s findings thereon shall be final and conclusive.
Except for the additional compensation provided for in Section 8-1.09 ("Right of Way
Delays") of the Caltrans Standard Specifications, and except as provided in Public Contract
Code Section 7102, the Contractor shall have no claim for damage or compensation for
any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not be relieved of liability
for liquidated damages or engineering and inspection charges for any period of delay in
completion of the work in excess of that expressly provided for in Section 8-1.07 of the
Caltrans Standard Specifications.
G. LIMITS OF WORK
The "limits of work" are shown on the plans (where applicable). The Contractor shall make
its own arrangements, and pay all expenses for additional area required outside of the
limits of work unless provided in the Special Conditions.
H. UTILITY FACILITIES
The Contractor shall protect from damage any utility facilities that are to remain in place, be
installed, relocated, or otherwise rearranged.
If the Contractor while performing the Work discovers utility facilities not identified in the
Contract Documents with reasonable accuracy, the Contractor shall immediately notify
CITY and the utility owner. CITY shall arrange the removal, relocation, or protection of
existing main or trunk line utility facilities located at the site of the Work but not identified in
the Contract.
If the Contractor is required to locate, repair damage not due to the Contractor’s failure to
exercise reasonable care, and remove or relocate existing main or trunk line utility facilities,
it shall be compensated under Section 9-1.03 ("Force Account Payment") of the Caltrans
Standard Provisions, including payment for equipment on the Project necessarily idled
during such work.
Contractor will not be entitled to damages or additional payment for delays caused solely
by the failure of CITY, or the owner of the utility, to provide for removal or relocation of
existing main or trunk line utility facilities not identified in the Contract Documents, except
for equipment necessarily idled during such work.
Contractor will not be assessed liquidated damages for delay in completing the work solely
attributable to the failure of CITY, or the owner of the utility, to provide for removal or
relocation of existing main or trunk line utility facilities not indicated in the Contract
Documents.
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The right is reserved by CITY and by the owners of facilities or their authorized agents to
enter the job 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 its operations in such a manner as to avoid any delay or hindrance to the work
being performed by such other forces.
Attention is directed to the possible existence of underground facilities not known to CITY,
or in a location different from that which is shown on the plans or in the Special Conditions.
The Contractor shall take all steps reasonably necessary to ascertain the exact location of
all underground facilities prior to doing work that may damage such facilities or interfere
with their service, including but not limited to calling USA to mark utilities. See GC-7(L).
I. COMPENSATION
Full compensation for conforming to the requirements of this section shall be deemed
included in the prices paid for the various contract items of work, and no separate payment
will be made therefor, except that this provision does not constitute a waiver, alteration, or
limitation of the applicability of California Public Contracts Code Section 7102.
SECTION GC-9 MEASUREMENT AND PAYMENT
A. GENERAL
Attention is directed to Section 9 ("Measurement and Payment") of the Caltrans Standard
Specifications which includes procedures for determination of payments, compensation for
extra work by force account, partial payments, and final payments.
B. SCOPE OF PAYMENT
The Contractor shall accept the compensation provided in the Contract as full payment for
furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed
work and for performing all work contemplated and embraced under the contract; for loss or
damage arising from the nature of the work, from the action of the elements, or from any
unforeseen difficulties that may be encountered during the prosecution of the work until the
acceptance by CITY; for all risks of every description connected with the prosecution of the
work; for all expenses incurred in consequence of the suspension or discontinuance of the
work as provided in the contract; and for completing the work according to the plans and
specifications.
In accordance with Public Contract Code Section 9203, for any public work contract with a
total cost greater than five thousand dollars ($5,000) progress payments shall not be made
in excess of ninety-five percent (95%) of actual Work completed plus a like percentage of
the value of material delivered on the ground or stored subject to, or under the control of,
CITY, and unused.
In all contracts with subcontractors, the contractor shall comply with Public Contract Code
Section 7200 regarding the percentage of retention proceeds withheld.
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Neither the payment of any estimate nor of any retained percentage shall relieve the
Contractor of any obligation to make good any defective work or material.
Contractor shall submit certified payroll reports with each payment request.
CITY shall review each payment request and tender payment in accordance with Public
Contract Code Section 20104.50.
No compensation will be made in any case for loss of anticipated profits. Contractor shall
include with each estimate for payment a “Conditional Waiver and Waiver and Release
Upon Progress Payment” form as prescribed in Civil Code Section 3262 signed by all
subcontractors, material suppliers, equipment lessors and other parties covering labor,
materials, equipment or services included in the pay estimate. Within thirty (30) days of the
date CITY makes payment to the Contractor on an estimate for payment, the Contractor
shall obtain and submit to Owner “Unconditional Waiver and Release Upon Progress
Payment” in the form prescribed in Civil Code Section 3262 from the same subcontractors,
suppliers, equipment lessors and others. These forms are included at the end of the
General Conditions Section, following subsection GC-13.
C. EXTRA AND FORCE ACCOUNT WORK
Extra work as herein before defined, when ordered and accepted, shall be paid for under a
written work order in accordance with the terms therein provided, and as provided in
Section GC-4 (F) of the General Conditions. Payment for extra work will be made at the
unit price or lump sum previously agreed upon in writing or by force account as provided in
Section 9-1.03 ("Force Account Payment") of the Caltrans Standard Specifications.
D. STOP NOTICES
CITY, by and through appropriate City of Saratoga office or officers, may at its option and
at any time retain out of any amounts due the Contractor, sums sufficient to cover claims
stated in stop notices filed pursuant to Civil Code Sections 3179 et seq. and to provide for
the cost of any litigation thereunder.
E. PAYMENT
Upon final approval and acceptance of the work by CITY, Contractor shall be paid all sums
of money in accordance with the terms and conditions as outlined in the Contractor’s
submittal of CITY’s Bid Form.
No such estimate or payment shall be construed to be an acceptance of any defective work
or improper materials.
F. SUBSTITUTION OF SECURITIES FOR WITHHELD AMOUNTS
Pursuant to Public Contract Code Section 22300, the Contractor may substitute securities
for any monies retained to ensure performance. At the request and expense of the
Contractor, securities equivalent to the amount retained shall be deposited with CITY, or
with a state or federally chartered bank in California as the escrow agent, and CITY shall
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then pay such monies to the Contractor. Alternatively, the Contractor may request that
CITY make payment directly to the escrow holder, to be invested at the Contractor’s
expense and direction.
Eligible securities shall include those listed in Government Code Section 16430, or bank or
savings and loan certificates of deposit, interest bearing demand deposit accounts, standby
letters of credit, or any other security mutually agreed to by the Contractor and CITY. The
Contractor shall be the beneficial owner of any securities substituted for monies, and shall
receive any interest on such securities.
Any escrow agreement shall be substantially similar in form to the form of escrow
agreement included in Public Contract Code Section 22300(f).
G. FINALIZING PROGRESS PAYMENT
CITY shall, after the completion of all Work required under the Contract, make a final
estimate of the amount of work done, and the value of such work, and CITY shall pay
ninety percent (95%) of the entire sum so found to be due after deducting therefrom all
previous payments and all amounts to be kept and all amounts to be retained under the
provisions of the Contract Documents.
H. FINAL PAYMENT
The 5% retained by CITY after each progress payment is made shall be due and payable
to the Contractor after the expiration of thirty-five (35) days from the date of recordation of
the Notice of Completion following acceptance of the Work by CITY. It is expressly
understood that said final payment or a portion thereof may not be paid to the Contractor if
any stop notices are properly filed.
No certificate given or payments made under the Contract, except the final certificate or
final payment, shall be conclusive evidence of the performance of the Contract, either
wholly or in part, against any claim of CITY, and no payments shall be construed to be
acceptance of any defective work or improper materials.
Payment by CITY of the final undisputed amount due under the Contract, including
payment based upon adjustments for any work done in accordance with any alterations of
the Contract Documents, shall be contingent upon the Contractor furnishing CITY with a
release of all claims against CITY arising by virtue of the contract related to those amounts.
In the event the Contractor has any such claims, such claims in stated amounts may be
specifically excluded by the Contractor from the release, in which case the payment by
CITY may be of only undisputed amounts.
I. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this
contract, any structure furnished, installed, constructed, and/or caused to be installed or
constructed by the Contractor, or any of the work done under this contract, fails to fulfill any
of the requirements of the Contract Documents, the Contractor shall without delay and
without any cost to CITY, repair, replace or reconstruct any defective or otherwise
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unsatisfactory part or parts of the Work. Should the Contractor fail to act promptly or in
accordance with this requirement, or should the situation require that repairs or
replacements be made before the Contractor can be notified, CITY may, at its option, make
the necessary repairs or replacements or perform the necessary work and the Contractor
shall pay to CITY the actual cost of such repairs plus 25%.
J. FISCAL AGENT PAYMENT
With certain exceptions, all monies for the progress payments and final payment under the
contract will be sent to the Contractor. CITY will send, by first-class mail, warrants payable
to the Contractor to the mailing address specified on the separate payment request certified
and approved by CITY.
K. CLAIMS PROCEDURES
Attention is directed to the provisions in Section 9 ("Measurement and Payment") of the
Caltrans Standard Specifications regarding notice of claims or potential claims, which shall
apply to any and all claims, including requests for additional compensation and/or an
adjustment in the time for performing the Work. Claims shall be resolved by arbitration as
described in Section 9-1.10 of the Caltrans Standard Specifications.
SECTION GC-10 DUST CONTROL
The Contractor shall provide suitable means for dust control by applying either water or
dust palliative for operations within the limits of the Work. Dust control work shall be
performed in such manner to prevent dust at all times, including during non-working hours.
Full compensation for providing dust control shall be deemed included in the prices paid for
the various contract items of work, and no separate payment will be made therefor.
If dust control is not performed in a manner satisfactory to the Director of Public Works,
then either (i) work shall be suspended until the dust control measures are sufficient or (ii)
dust control may be performed by CITY, or its designee, and CITY will deduct all costs it
incurs performing dust control plus twenty-five percent (25%) from amounts due or that
become due to Contractor.
SECTION GC-11 RESERVED
SECTION GC-12 DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify
CITY in writing of any:
a) Material that the Contractor believes may be hazardous waste, as defined in
California Health and Safety Code Section 25117, that is required to be removed to
a Class I, Class II, or Class III disposal site in accordance with provisions of
existing law;
b) Subsurface or latent physical conditions at the site differing materially from those
indicated in the Contract Documents; or
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c) Unknown physical conditions at the site of any unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Contract Documents.
CITY shall promptly investigate the conditions. If it finds that such conditions do materially
differ from conditions indicated in the Contract Documents or ordinarily encountered in work
of this character, or do involve hazardous waste, and cause an increase or decrease in the
Contractor's costs or the time needed to perform any part of the Work, CITY shall issue a
change order under the provisions described in the Contract Documents. No claim of the
Contractor under this clause shall be allowed unless the Contractor has given the notice
required in the Contract Documents. In the event a dispute arises between CITY and the
Contractor as to whether the conditions materially differ, or involve hazardous waste, or
cause a decrease or increase in the Contractor's costs or the time needed to perform any
part of the Work, Contractor shall not be excused from completing the Work as provided in
the Contract Documents. The Contractor shall proceed with all work to be performed under
the Contract Documents. The Contractor shall retain any and all rights provided either by
the Contract Documents or by law that pertain to the resolution of disputes and protests.
SECTION GC-13 ARCHAEOLOGICAL EXAMINATION
If archaeological materials are uncovered during grading, trenching or other excavation,
earthwork within 100 feet of these materials shall be stopped until a professional
archaeologist certified by the Society of California Archaeology (SCA) and/or by the Society
of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of
the find and to suggest appropriate mitigation measures as necessary.
In the event the work of archaeological examination and related work delays the
Contractor's work, he shall be entitled to an extension of time to complete the work equal to
the number of working days the Work is thus delayed. However, the Contractor shall have
no claim for compensation as a consequence of delay of the Work for the period of time
required by CITY for such archaeological examination and related work.
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CONDITIONAL WAIVER AND RELEASE UPON PROGRESS
PAYMENT
Upon receipt by the undersigned of a check from ____________________
(Maker of Check) in the sum of $______________________ (Amount of Check)
payable to ___________________________(Payee or Payees of Check) and
when the check has been properly endorsed and has been paid by the bank
upon which it is drawn, this document shall become effective to release any
mechanic's lien, stop notice, or bond right the undersigned has on the job of
CITY located at ____________________________________________ (Job
Description) to the following extent. This release covers a progress payment for
labor, services, equipment or material furnished to
_________________________________________________ (Your Customer)
through __________________________________________ (Date) only and
does not cover any retentions retained before or after the release date; extras
furnished before the release date for which payment has not been received;
extras or items furnished after the release date. Rights based upon work
performed or items furnished under a written change order that has been fully
executed by the parties prior to the release date are covered by this release
unless specifically reserved by the claimant in this release. This release of any
mechanic’s lien, stop notice, or bond right shall not otherwise affect the contract
rights, including rights between parties to the contract based upon a rescission,
abandonment, or breach of the contract, or the right of the undersigned to
recover compensation for furnished labor, services, equipment, or material
covered by this release if that furnished labor, services, equipment, or material
was not compensated by the progress payment. Before any recipient of this
document relies on it, said party should verify evidence of payment to the
undersigned.
DATED:____________________________________________
By_________________________________________________________
Its _____________________________________________________________
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CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
Upon receipt by the undersigned of a check from
_____________________________ in the sum of $__________________
payable to ___________________________________________________and
when the check has been properly endorsed and has been paid by the bank
upon which it is drawn, this document shall become effective to release any
mechanic's lien, stop notice, or bond right the undersigned has on the job of the
City of Saratoga located at ___________________________________________
(Job Description). This release covers the final payment to the undersigned for
all labor, services, equipment or material furnished on the job, except for
disputed claims for additional work in the amount of
$_________________________. Before any recipient of this document relies on
it, the party should verify evidence of payment to the undersigned.
DATED:___________________________________________
By _______________________________________________
Its_____________________________________________________
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UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS
PAYMENT
The undersigned has been paid and has received a progress payment in
the sum of $ ________________________________________________ for
labor, services, equipment or material furnished
to______________________________________ (Your Customer) on the job of
City of Saratoga located at__________________________________ (Job
Description) and does hereby release any mechanic's lien, stop notice, or bond
right that the undersigned has on the above referenced job to the following
extent. This release covers a progress payment for labor, services, equipment,
or materials furnished to ____________________________________ (Your
Customer) through ________________________________ (Date) only and does
not cover any retentions retained before or after the release date; extras
furnished before the release date for which payment has not been received;
extras or items furnished after the release date. Rights based upon work
performed or items furnished under a written change order that has been fully
executed by the parties prior to the release date are covered by this release
unless specifically reserved by the claimant in this release. This release of any
mechanic’s lien, stop notice, or bond right shall not otherwise affect the contract
rights, including rights between parties to the contract based upon a rescission,
abandonment, or breach of the contract, or the right of the undersigned to
recover compensation for furnished labor, services, equipment, or material
covered by this release if that furnished labor, services, equipment, or material
was not compensated by the progress payment.
DATED: ______________________________________________________
By ___________________________________________________
Its ____________________________________________________
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND
STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS.
THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN
IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A
CONDITIONAL RELEASE FORM.
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UNCONDITIONAL WAIVER AND RELEASE UPON FINAL
PAYMENT
The undersigned has been paid in full for all labor, services, equipment or
material furnished to: ___________________________________ (Your
Customer) on the job of the City of Saratoga located at
___________________________ (Job Description) and does hereby waive and
release any right to a mechanic's lien, stop notice, or any right against a labor
and material bond on the job, except for disputed claims for extra work in the
amount of $___________________________________________________.
DATED: ____________________________________________________
By ____________________________________________________________
Its
_______________________________________________________________
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND
STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS.
THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN
IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A
CONDITIONAL RELEASE FORM
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SPECIAL CONDITIONS
1. SPECIAL QUALIFICATIONS
Contractor is advised that in addition to the standard qualifications, the following
additional specialty qualifications apply to this Contract:
None
2. SPECIALTY WARRANTIES
In addition to the standard Warranties for overall workmanship and landscaping
work identified in Section 6 of the Contract for Construction, the following
specialty warranties are required:
None
3. AWARD
The award of the contract, if it is to be awarded, will be to the lowest responsive
responsible bidder whose proposal complies with all the requirements of the bid
documents. The low bid will be determined based upon:
Base Bid ONLY
4. ORDER of WORK
The Contractor shall provide for the orderly progression of work. The Contractor
is advised of the following constraints or City requirements with respect to order
of work:
The following Streets will be completed first: Palmtag Drive, Woodside Drive,
Woodside Court, Brookview Drive and Sobey Meadows Court.
5. LIMITS of WORK
Contractor is advised that:
No off-site area are available for Contractor activities and that the Contractor is
required to park on Street with appropriate cones, barricades and traffic control
measures.
Microsurfacing materials shall be stored at the parking lot at Congress Springs
Park on 12970 Glen Brae Drive, Saratoga
6. TESTING
Contractor is advised that the following special testing requirements apply:
None
7. SOUND CONTROL
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Contractor shall implement the following sound control measures:
See ‘Hours of Work’ (#10) below.
8. PERMITS AND LICENSES
The City of Saratoga has obtained the following permits in connection with the
Work:
None Required
Contractor shall comply with all permit conditions in performing the Work.
Copies of the permits and permit conditions are included in the Attachments.
9. PUBLIC CONVENIENCE & SAFETY
Contractor shall not perform work on the following streets or in the following
areas during the periods defined below:
As discussed in pre-construction meeting
10. HOURS of WORK
Contractor is advised that operations may be performed outside the normal hours
of work (7:30am to 5:00pm Monday through Friday) only as follows:
With special written permission of the Director of the Public Works Department
11. MITIGATION MEASURES
As part of the environmental review process, the City of Saratoga has agreed to
the following mitigation measures, which measures are part of the Work:
None
Contractor shall comply with all mitigation measures and shall complete the
mitigation measures to the satisfaction of all agencies with jurisdiction.
12. MILESTONES and SCHEDULES
A. Construction Progress Schedule.
The Contractor shall prepare and submit the Contractor's Initial
Construction Schedule within ten (10) calendar days after the issuance of the
Notice to Proceed. The Initial Construction Schedule shall be in a form
acceptable to the Engineer, and shall be produced using Microsoft Projects or
other software acceptable to CITY. Contractor shall provide the Initial Schedule
in electronic format acceptable to CITY.
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2016 Pavement Management Program Project
Special Conditions 52
Activity durations shall be the total number of actual days required to
perform the work including consideration of weather impacts. Area codes shall
distinguish construction activities related to individual buildings or areas within
buildings (i.e. locker rooms) and site work.
See Order of Work, #4 above.
Contractor staff preparing schedules shall be qualified and experienced in
the scheduling method specified and capable of fulfilling the scheduling
requirements of this section for the duration of the contract.
The Engineer will meet with the Contractor to review and comment on the
Contractor's Initial Schedule within five (5) days of its receipt. The Contractor will
finalize and re-submit the schedule within five (5) days of the review meeting.
Upon favorable review by the Director of Public Works, the Initial Schedule will
become the project Baseline Contract Schedule. The Baseline Schedule shall
not be revised without written approval of the CITY. CITY shall have the right to
withhold progress payments from the Contractor at its discretion if the Contractor
fails to finalize and obtain approval for the Baseline Contract Schedule within the
prescribed period.
Failure of the Contractor to incorporate all elements of work required for
the performance of the contract or any inaccuracy in the Baseline Contract
Schedule shall not excuse the Contractor from performing all work required for a
completed project within the specified contract time period, notwithstanding
CITY’s Representatives favorable review of the Baseline Contract Schedule.
B. Monthly Interval Updates.
The Contractor shall submit an updated Schedule of the work at least
once each month. The schedule be submitted both on paper and in electronic
format. Schedule updates are an essential part of each progress payment
application. CITY will not process progress payment applications without an
updated schedule in the specified format.
The monthly schedule updates shall include:
The Contractor's estimated percentage complete (progress) for each
activity in progress.
Actual start/finish dates for activities.
Identification of errors, if any, from the previous updated schedule.
The Schedule Update Reports shall consist of:
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2016 Pavement Management Program Project
Special Conditions 53
A bar chart showing the previous month's work and a three (3) month
projection of upcoming work. The data included on the bar chart shall
consist of the activity number, activity description, early start and finish
date, original duration, remaining duration, percent complete, and total
float.
A CPM tabular report sorted by responsibility, early start date that includes
activity number, activity description, original duration, remaining duration,
early and late start dates, early and late finish dates, total float, percent
complete, activity budget cost, and activity earned cost.
The Schedule Reports shall consist of:
Time scaled network logic diagram(s) reflecting the activities, the
interrelationships and logic ties between activities, activity duration and
float. The diagram(s) shall be organized by Area. Diagrams shall be no
smaller than "D" size (24" x 36") and no larger than "E" size (36" x 48").
A CPM tabular report sorted by responsibility, early start date that includes
Activity number, activity description, original duration, remaining duration,
early and late start dates, early and late finish dates, total float, percent
complete, activity budget cost, and activity earned cost.
Contractor shall submit with each schedule update an updated electronic
version.
C. Short Interval Schedule
Short Interval Schedules (SIS) shall be submitted to the Engineer at every
weekly site meeting. The Interval shall be three weeks and shall include the past
week, the week submitted and the week thereafter. The SIS may be prepared by
hand. The SIS shall be based on the Contract Schedule and shall be in bar chart
form. The SIS shall be in sufficient detail to evaluate the Contractor's
performance in the preceding week and planned progress in upcoming weeks vis
a vis the Contract Schedule and Updates thereof.
D. Float Time
Float or slack time is defined as the amount of time between the earliest
start date and the latest start date or the earliest finish date and the latest finish
date of a scheduled activity. Float or slack time is not for the exclusive use or
benefit of either the Contractor or CITY. The Contractor acknowledges and
agrees that actual delays affecting path of activities containing float will not have
any effect upon the Contract completion date, provided that the actual delay does
not exceed the float time associated with those activities.
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2016 Pavement Management Program Project
Special Conditions 54
E. Construction Schedule Revisions
If during the process of schedule updating it becomes apparent that the
Construction Schedule no longer represents the actual prosecution and progress
of the work, CITY may require the Contractor to submit a revised schedule at no
additional cost to CITY. CITY shall have the right to withhold progress payments
from the Contractor at its discretion, if the Contractor fails to submit a timely,
detailed and workable schedule. Updating the construction schedule to reflect
actual progress shall not be considered to be a revision of the Schedule.
If actual progress of the Work falls fourteen (14) days behind the most
recent schedule update favorably reviewed by Engineer, Contractor shall prepare
and submit a recovery schedule within five (5) working days of a written request
to explain and display how Contractor intends to reschedule activities (including
increasing working hours, shifts, days, or equipment) to regain compliance with
the Construction Schedule.
F. Final CPM Schedule at Completion of Contract
At the completion of the contract and prior to the release of any bonds or
final payment by CITY, the Contractor shall submit a final CPM schedule,
showing the actual sequence and duration of activities.
G. Early Completion of Project
In the event the Contractor wishes to complete work earlier than the
specified contract completion date, and CITY and Director of Public Works
approve such earlier completion, the following conditions apply:
Approval by CITY of Contractor's proposed earlier completion date shall
not change the contract completion date. Contractor shall not, under any
circumstances, receive additional compensation from CITY for indirect,
general, administrative or other forms of overhead costs, for the period
between the time of earlier completion proposed by the Contractor and the
official contract completion date.
H. Time Extension Requests
The monthly Updated construction schedules submitted by the Contractor
shall not show a completion date later than the Contract Time, subject to any
time extensions granted by CITY.
If the Contractor believes that it is entitled to an extension of the Contract
Time due to a Change Order, delay/disruption or other event beyond its control,
the Contractor, within ten (10) working days of the qualifying event(s), shall
submit:
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Special Conditions 55
1. A Time Extension Request notification letter with a detailed
narrative justifying the time extension requested;
2. Analysis of the delay impact, identifying all schedule activities that
are affected by the subject occurrence;
3. A tabular report of the qualifying schedule the analysis is based on;
and
4. A schedule analysis entitled "Time Extension Request Schedule"
that incorporates the findings of the analysis of delay impact into
the latest update of the project schedule.
Time extension request schedules shall be time scaled, utilizing a
computer generated network analysis unless otherwise approved by the Director
of Public Works. The time extension request shall forecast the adjusted project
completion date and impact to any intermediate milestones.
Contract time extensions shall be granted only to the extent the equitable
time adjustments to the activity or activities affected by a change order or
delay/disruption exceed the total float of a critical activity (or path) and extend the
Contract Completion Date.
When Contractor does not submit a Time Extension Request within ten
(10) working days, it is mutually agreed that the particular Change Order
(including Proposed Change Order) or delay/disruption does not affect the
construction schedule and hence no time extension is due to the Contractor.
CITY shall have no obligation to consider any time extension request if the
Contractor does not comply with the requirements of the Contract Documents.
CITY shall not be responsible or liable to the Contractor for any constructive
acceleration due to failure of CITY to grant time extensions under the terms of
this contract, should Contractor fail to comply with the time extension submission
and justification requirements stated herein.
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2016 Pavement Management Program Project
Experience and Qualifications 56
STATEMENT OF EXPERIENCE AND QUALIFICATIONS
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2016 Pavement Management Program Project
Experience and Qualifications 57
CONTRACTOR’S EXPERIENCE AND QUALIFICATIONS
The following statements as to the experience and qualifications of the bidder are
to be submitted with the Contract Bid, as a part thereof. The bidder warrants that
the information provided is true and accurate.
The bidder has been engaged in the contracting business, under the present
business name, for ________________________________ years. Experience
in work of a nature similar to that covered in the Bid extends over a period of
____________________________________ years.
The bidder, as a contractor, has successfully completed at least two (2) projects
of like magnitude, comparable difficulty and rates of progress to the work,
including: (list two or more projects).
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
The bidder, as a contractor, has never failed to satisfactorily complete a contract
awarded to the Contractor, except as follows: (name any and all exceptions and
reasons therefor).
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
The bidder has satisfactorily completed the following contracts in the last three
(3) years, for the owner indicated, and to whom reference is made (list five
contracts). (Provide a contact person and telephone number for each project.)
CONTRACT YEAR TYPE OF WORK AMOUNT CONTACT
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
The names of all persons interested in the foregoing bids as principals are as
follows: (NOTE: If Bidder or other interested person is a corporation, state the
legal name of the corporation, along with the names of the president, secretary,
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2016 Pavement Management Program Project
Experience and Qualifications 58
treasurer, and manager thereof; if a general partnership, state true name of the
firm, also the names of all individual partners composing the firm; if a limited
partnership, the names of all general partners and limited partners; and if Bidder
or other interested person is an individual, state first and last names in full.)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Contractor’s License Number:
________________________________________________
License Renewal Date:
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2016 Pavement Management Program Project
Bid Form 59
BID FORM
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2016 Pavement Management Program Project
Bid Form 60
CONTRACT BID
TO
CITY OF SARATOGA
FOR
2016 Pavement Management Program Project
Name of Bidder of
Business Address _________________________________________________
Telephone (___) _____________________ and (___) ____________________
Email Address _________________________________________________
TO THE CITY COUNCIL OF THE CITY OF SARATOGA:
Pursuant to and in compliance with your Notice Inviting Bids for 2016 Pavement
Management Program Project and the other Contract Documents relating
thereto, the undersigned Bidder, being fully familiar with the terms of the Contract
Documents, the current general prevailing wage rates, local conditions affecting
the performance of the Project, the character, quality, quantities and scope of the
work, and the cost of the work at the place of performance, hereby proposes and
agrees, within the time stipulated in the Contract Documents, to furnish to the
City of Saratoga all of the transportation, materials, equipment, tools, excavation,
sheeting, shoring, bracing, supports, plant and other facilities, labor, services,
permits, utilities, and other items necessary to conduct and complete said work,
all in strict conformity with the Contract Documents, including Addenda Nos. ___,
____, and ____ on file in _________________________________________, for
the total price of ______________________________________________dollars
($____________________).
Pursuant to Labor Code Section 6705, if the work to be performed includes
trenching or excavation more than five feet (5’) in depth and the total contract
price exceeds twenty-five thousand dollars ($25,000), the Contractor must submit
and the Director of Public Works must approve in advance of excavation a
detailed plan showing the design of shoring, bracing, sloping, or other provisions
to be made for worker protection from the hazard of caving ground during the
excavation of such trench or trenches.
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2016 Pavement Management Program Project
Bid Form 61
Pursuant to Labor Code Section 6707, if the work to be performed includes
trenching or excavation more than five feet (5’) in depth, each bid must contain,
set forth as a separate bid item, sheeting, shoring, and bracing or equivalent
method for protecting workers.
Sheeting, shoring or bracing:_______________________________ dollars
($______________________________)
(All such costs are included in the total price set forth above.)
Bidder acknowledges receipt of the following addendum or addenda during the
bidding period and represents that the information contained in the addendum or
addenda has been considered in the preparation of this bid proposal: Addendum
___________________________________________________________.
NOTE: failure to acknowledge receipt of all addenda may be considered an
irregularity in the bid proposal.
Bidder declares that the only persons or parties interested in this bid are those
named herein, and that this bid is made without collusion with any person, firm or
corporation. Bidder proposes and agrees, if the bid is accepted, that Bidder will
execute a contract with CITY, in strict conformity to the Contract Documents, in
the form set forth in the Contract Documents, and will perform the entire work for
the prices set forth in the attached Bid Schedule, upon which the award of
contract is made.
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2016 Pavement Management Program Project
Bid Schedule 62
BID SCHEDULE
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2016 Pavement Management Program Project
BID SCHEDULE SHEET 1 of 3
Bid Schedule 63
ITEM DESCRIPTION UNIT Palmtag Dr Woodside Ct Woodside Dr Brookview Dr Sobey
Meadows Ct Lanark Ln Brook Ln Brookhaven Dr Brookridge Dr Brooknoll Ct
Bellwood to
Brookview
Woodside to
End
Bellwood to
Prospect
Titus to
Brookglen Sobey to End Scotland to
Glen Brae
Johnson to
Brookridge
Johnson to
Brookglen
Brook Ln to
Brookhaven
Brookridge to
End
1 ASPHALT CONCRETE OVERLAY 1.5 INCH TON 406 90 625 485 220
2 REPAIR FAILED STREET SECTION (RFSS) 4 INCH SECTION 3/4" MIX TON 80 160 90
3 REPAIR FAILED STREET SECTION (RFSS) 2 INCH SECTION 3/4" MIX TON 215 285 95 160 135
4 TYPE II MICROSURFACING SQ. YDS 5008 5695 1400 3232 2022 561
5 CRACK SEAL SQ. YDS 3461 672 1919 926 378
6 TRAFFIC CONTROL LUMP SUM LS LS LS LS LS LS LS LS LS LS
7 WEDGE GRIND LIN. FT 2710 710 3575 2800 2030
8 CONFORM LIN. FT 80 0 205 130 50
9 ADJUST SANITARY SEWER MANHOLES EA 2 1 5 4 2
10 ADJUST STORM DRAIN MANHOLES EA 2 4
11 ADJUST MONUMENTS EA 2 2 9 2 7
12 ADJUST WATER VALVES EA 1 2 2
13 THERMO PLASTIC STRIPING---DETAIL 22 (REMOVE AND REPLACE) LIN. FT 440 50 50
14 THERMO PLASTIC PAVEMENT MARKINGS--- "25" (REMOVE AND REPLACE)EA
15 THERMO PLASTIC STRIPING--- 12 INCH LIMIT LINE (REMOVE AND REPLACE)LIN. FT 90 80 15 25
16 THERMO PLASTIC PAVEMENT MARKINGS--- "STOP" (REMOVE AND REPLACE)EA 3 3 1 1
17 THERMO PLASTIC PAVEMENT MARKINGS--- "AHEAD" (REMOVE AND REPLACE)EA
18 REMOVE AND REPLACE VERTICAL CURB AND GUTTER (V-24)LIN. FT 360
19 REMOVE AND REPLACE ROLLED CURB AND GUTTER (R-24)LIN. FT 160 40 250 84
295
20 REMOVE AND REPLACE 36INCH GUTTER PAN LIN. FT.40
21 REMOVE CONCRETE FROM DRIVEWAY GUTTER FLOW LINE LIN. FT 281 138 154
22 REMOVE AND REPLACE DRIVEWAY APPROACH LIN. FT 360 360 360 360
23 BLUE REFLECTORS FIRE HYDRANT MARKERS EA 2 5 2 2
24 REMOVE AND REPLACE 1 FOOT ASPHALT GUTTER LIP LIN. FT 295
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Bid Schedule 64
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2016 Pavement Management Program Project
BID SCHEDULE SHEET 2 of 3
Bid Schedule 65
ITEM DESCRIPTION UNIT Needham Ln Larchmont Ave Scully Ave Ashton Ct Arden Ct Ardmore Ct Douglass Ln Donna Ln Ted Ct La Vista Ct Palmero Ct
Plymouth to
Solana Solana to Scully Larchmont to
Prospect
Miller to
End
Miller to
End Miller to End Taos To End
Douglass to
End
Seagull to
End
La Vista to
End
La Vista to
End
1 ASPHALT CONCRETE OVERLAY 1.5 INCH TON
2 REPAIR FAILED STREET SECTION (RFSS) 4 INCH SECTION 3/4" MIX TON 110 80 80 80 80 80 75 80 75
3 REPAIR FAILED STREET SECTION (RFSS) 2 INCH SECTION 3/4" MIX TON 135
4 TYPE II MICROSURFACING SQ. YDS 1900 2850 12676 1196 703 696 6963 1239 1020 775 848
5 CRACK SEAL SQ. YDS 1900 1724 12676 876 390 321 3495 825 784 420 435
6 TRAFFIC CONTROL LUMP SUM LS LS LS LS LS LS LS LS LS LS LS
7 WEDGE GRIND LIN. FT
8 CONFORM LIN. FT
9 ADJUST SANITARY SEWER MANHOLES EA
10 ADJUST STORM DRAIN MANHOLES EA
11 ADJUST MONUMENTS EA
12 ADJUST WATER VALVES EA
13 THERMO PLASTIC STRIPING---DETAIL 22 (REMOVE AND REPLACE) LIN. FT 100 50 750
14 THERMO PLASTIC PAVEMENT MARKINGS--- "25" (REMOVE AND REPLACE)EA 1
15 THERMO PLASTIC STRIPING--- 12 INCH LIMIT LINE (REMOVE AND REPLACE)LIN. FT 35 30 125
16 THERMO PLASTIC PAVEMENT MARKINGS--- "STOP" (REMOVE AND REPLACE)EA 3 1 5
17 THERMO PLASTIC PAVEMENT MARKINGS--- "AHEAD" (REMOVE AND REPLACE)EA 1
18 REMOVE AND REPLACE VERTICAL CURB AND GUTTER (V-24)LIN. FT
19 REMOVE AND REPLACE ROLLED CURB AND GUTTER (R-24)LIN. FT
20 REMOVE AND REPLACE 36INCH GUTTER PAN LIN. FT.
21 REMOVE CONCRETE FROM DRIVEWAY GUTTER FLOW LINE LIN. FT
22 REMOVE AND REPLACE DRIVEWAY APPROACH LIN. FT
23 BLUE REFLECTORS FIRE HYDRANT MARKERS EA 1 2 1
24 REMOVE AND REPLACE 1 FOOT ASPHALT GUTTER LIP LIN. FT
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Bid Schedule 66
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2016 Pavement Management Program Project
BID SCHEDULE SHEET 3 of 3
Bid Schedule 67
ITEM DESCRIPTION UNIT Jacaranda Ct Via Cresente
Ct Via Monte Dr Via Ranchero
Dr
Via Ranchero
Ct
TOTAL
UNITS
Ten Oaks to End Via Arriba to
End
Saratoga to
Glen Brae
Via Arriba to Via
Real
Via Ranchero to
End PRICE per Unit Line Item PRICE
1 ASPHALT CONCRETE OVERLAY 1.5 INCH TON 1826 -$
2 REPAIR FAILED STREET SECTION (RFSS) 4 INCH SECTION 3/4" MIX TON 90 75 90 1325 -$
3 REPAIR FAILED STREET SECTION (RFSS) 2 INCH SECTION 3/4" MIX TON 246 1271 -$
4 TYPE II MICROSURFACING SQ. YDS 1241 1075 7841 5080 410 64431 -$
5 CRACK SEAL SQ. YDS 780 699 7841 5080 195 45797 -$
6 TRAFFIC CONTROL LUMP SUM LS LS LS LS LS 1 -$
7 WEDGE GRIND LIN. FT 11825 -$
8 CONFORM LIN. FT 465 -$
9 ADJUST SANITARY SEWER MANHOLES EA 14 -$
10 ADJUST STORM DRAIN MANHOLES EA 6 -$
11 ADJUST MONUMENTS EA 22 -$
12 ADJUST WATER VALVES EA 5 -$
13 THERMO PLASTIC STRIPING---DETAIL 22 (REMOVE AND REPLACE) LIN. FT 1440 -$
14 THERMO PLASTIC PAVEMENT MARKINGS--- "25" (REMOVE AND REPLACE)EA 1 -$
15 THERMO PLASTIC STRIPING--- 12 INCH LIMIT LINE (REMOVE AND REPLACE)LIN. FT 30 430 -$
16 THERMO PLASTIC PAVEMENT MARKINGS--- "STOP" (REMOVE AND REPLACE)EA 1 18 -$
17 THERMO PLASTIC PAVEMENT MARKINGS--- "AHEAD" (REMOVE AND REPLACE)EA 1 -$
18 REMOVE AND REPLACE VERTICAL CURB AND GUTTER (V-24)LIN. FT 150 200 710 -$
19 REMOVE AND REPLACE ROLLED CURB AND GUTTER (R-24)LIN. FT 829 -$
20 REMOVE AND REPLACE 36INCH GUTTER PAN LIN. FT.40 -$
21 REMOVE CONCRETE FROM DRIVEWAY GUTTER FLOW LINE LIN. FT 573 -$
22 REMOVE AND REPLACE DRIVEWAY APPROACH LIN. FT 1440 -$
23 BLUE REFLECTORS FIRE HYDRANT MARKERS EA 15 -$
24 REMOVE AND REPLACE 1 FOOT ASPHALT GUTTER LIP LIN. FT 150 200 645 -$
-$
Bidding Company Name:___________________________________________
Company Representative Signature:_________________________________
Bid Total
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Bid Schedule 68
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2016 Pavement Management Program Project
Bonds 69
BONDS
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2016 Pavement Management Program Project
Bonds 70
BID BOND
KNOWN ALL PERSONS BY THESE PRESENTS that,
________________________________________________________hereinafter
called the PRINCIPAL, and _______________________________, a corporation
duly organized under the laws of the State of having its principal place of
business at ___________________________________ in the State of________
and authorized to do business in the State of California, hereinafter call the
SURETY, are held and firmly bound unto the City of Saratoga, hereinafter called
the OBLIGEE, on order, in the sum of
___________________________________________________________Dollars
($___________________________) (being at least ten percent (10%) of the total
amount of PRINCIPAL 's bid) lawful money of the United States, for the payment
of which we bind ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these present.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
WHEREAS, the PRINCIPAL has submitted its Bid for the project entitled 2016
Pavement Management Program Project, to the OBLIGEE, said Bid, by
reference thereto; being hereby made a part hereof.
NOW, THEREFORE, if said Bid is rejected or, in the alternative, if said Bid is
accepted and the PRINCIPAL signs and delivers a Contract and furnishes a
Performance Bond and Payment Bond, in the form and within the time required
by the Bid and the Contract Documents, then this obligation shall become null
and void, otherwise the same shall remain in full force and effect and upon
default of the PRINCIPAL shall be forfeited to the OBLIGEE, it being expressly
understood and agreed that the liability of the SURETY for any and all default of
the PRINCIPAL shall be the amount of this obligation as herein stated, as
liquidated damages. Such forfeiture and liquidated damages under this bond
shall be without prejudice to the OBLIGEE’S right to pursue any excess actual
damages from the PRINCIPAL for breach of contract or otherwise.
The SURETY, for value received, hereby agrees that the obligations of said
SURETY and its bond shall not be impaired or affected by any extension of the
time within which the OBLIGEE may accept such Bid, and the SURETY hereby
waives notice of any such extension.
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2016 Pavement Management Program Project
Bonds 71
In the event suit is brought upon this bond by the OBLIGEE and judgment is
recovered, the SURETY shall pay, in addition to the sum set forth above, all
costs incurred by the OBLIGEE in such suit, including reasonable attorney's fees
and expert witness fees, to be fixed by the court.
Signed this day of , 20__________
PRINCIPAL
BY
SURETY
BY
Note: Signature of person executing for SURETY must be notarized and
evidence of corporate authority attached.
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2016 Pavement Management Program Project
Bonds 72
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as
“Owner”) and ____________________________________________,
(hereinafter referred to as “Contractor”), have entered into a written contract for
furnishing of all labor, materials, equipment, transportation and services for the
construction of the 2016 Pavement Management Program Project (hereinafter
referred to as the “Construction Contract”); and
WHEREAS, Contractor is required by the terms of the Construction
Contract to furnish a bond for the faithful performance of all terms and conditions
of the Construction Contract;
NOW, THEREFORE, Contractor, as principal, and
__________________________ (hereinafter referred to as “Surety”), as surety,
are held and firmly bound unto Owner in the penal sum of
__________________________________________________________ Dollars
($ _________________), lawful money of the United States, for the payment of
which sum well and truly to be made as provided in this Performance Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner for the performance
of the Construction Contract, which is incorporated herein by reference.
2. If Contractor timely performs each and every obligation under the
Construction Contract, Surety and Contractor shall have no obligation under this
Bond, except to participate in conferences as provided in Subparagraph 3.1.
3. Surety’s obligation under this Performance Bond shall arise after:
3.1 Owner has declared a Contractor Default and has notified Contractor and
Surety at its address described in Paragraph 10 below that Owner has declared
a Contractor Default and has requested and attempted to arrange a conference
with Contractor and Surety to be held not later than seven days after receipt of
such notice to discuss methods of performing the Construction Contract; and
3.2 Owner has agreed to pay the Balance of the Agreement Price, as
calculated under the terms of the Construction Contract, to Surety in accordance
with the terms of the Construction Contract or to a contractor selected to perform
the Construction Contract in accordance with the terms of the Construction
Contract with Owner.
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2016 Pavement Management Program Project
Bonds 73
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall
promptly and at Surety’s expense take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete
the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself,
through its agents or through independent contractors; or
4.3 Obtain bids or negotiated bids from qualified contractors acceptable to
Owner for a contract for performance and completion of the Construction
Contract, arrange for a contract to be prepared for execution by Owner and the
contractor selected with Owner’s concurrence, to be secured with performance
and payment bonds executed by a qualified surety equivalent to the bonds
issued on the Construction Contract, and pay to Owner the amount of damages
as described in Paragraph 6 in excess of the Balance of the Agreement Price, as
calculated under the terms of the Construction Contract, incurred by Owner
resulting from Contractor’s Default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain
a new Contractor and with reasonable promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to
Owner and, as soon as practicable after the amount is determined, tender
payment thereof to Owner; or
2. Deny liability in whole or in part and notify Owner citing specific reasons
therefor.
5. If Surety does not proceed as provided in Paragraph 4 within twenty days
from receipt of the notice described in paragraph 3.1 (whether or not a
conference has been held pursuant to paragraph 3.1), or such longer period
upon which Owner and Surety may agree in writing, Surety shall be deemed to
be in default on this Bond. If the Surety proceeds as provided in Subparagraph
4.4, and Owner refuses the payment tendered or the Surety has denied liability,
in whole or in part, without further notice Owner shall be entitled to enforce any
remedy available to Owner.
6. After Owner has declared a Contractor Default, and if Surety elects to act
under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to
Owner shall not be greater than those of Contractor under the Construction
Contract, and the responsibilities of Owner to Surety shall not be greater than
those of the Owner under the Construction Contract. To the limit of the amount
of this Performance Bond, but subject to commitment by Owner of the Balance of
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2016 Pavement Management Program Project
Bonds 74
the Agreement Price to mitigation of costs and damages on the Construction
Contract, Surety is obligated without duplication for:
6.1 The responsibilities of Contractor for correction of defective work,
materials and equipment and completion of the Construction Contract;
6.2 Additional legal, design professional, construction management and delay
costs resulting from the Contractor’s Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the
Construction Contract, actual damages caused by delayed performance or non-
performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor
that are unrelated to the Construction Contract, and the Balance of the
Agreement Price shall not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity
other than Owner or its heirs, executors, administrators or successors.
8. Surety hereby waives notice of any change, including changes of time, to
the Construction Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in
any court of competent jurisdiction. The prevailing party in any such action shall
be entitled to recover its attorneys’ fees, to be taxed as an item of costs.
10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the
address, or sent via facsimile to the facsimile number, shown on the signature
page.
11. DEFINITIONS
11.1 Balance of the Agreement Price: The total amount payable by Owner to
Contractor under the Construction Contract after all proper adjustments have
been made, including allowance to Contractor of any amounts received or to be
received by Owner in settlement of insurance or other claims for damages to
which Contractor is entitled, reduced by all valid and proper payments made to or
on behalf of Contractor under the Construction Contract.
11.2 Construction Contract: The agreement between the Owner and the
Contractor identified on the first page of this bond, including all Contract
Documents and changes thereto.
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11.3 Contractor Default: Failure of the Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the terms of the
Construction Contract.
CONTRACTOR, as Principal SURETY
By: By:
Its: Its:
Address: Address:
FAX: FAX:
Note: Signatures of those executing for Surety must be properly acknowledged.
The bond must be accompanied by a power of attorney from the Surety
authorizing its agent to bind it to this bond.
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LABOR AND MATERIALS PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as
“Owner”) and ________________________________________ (hereinafter
referred to as “Contractor”), have entered into a written contract for furnishing of
all labor, materials, equipment, transportation and services for the construction of
the 2016 Pavement Management Program Project, (hereinafter referred to as
the “Construction Contract”); and
WHEREAS, Contractor is required by the terms of the Construction
Contract to furnish a bond to secure payment for all work, labor, materials,
equipment or services furnished in connection with the Construction Contract;
NOW, THEREFORE, Contractor, as principal, and
_______________________________________________________ (hereinafter
referred to as “Surety”), as surety, are held and firmly bound unto Claimants, as
defined herein, in the penal sum of
______________________________________Dollars ($_________________),
lawful money of the United States, for the payment of which sum well and truly to
be made as provided in this Payment Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner to pay for work,
labor, materials, equipment, services, or other items furnished for use and
actually used in the performance of the Construction Contract, which is
incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds Owner harmless from claims, demands,
liens or suits by any person or entity whose claim, demand, lien or suit is for the
payment for work, labor, materials, equipment, services or other items furnished
for use in the performance of the Construction Contract, provided Owner has
promptly notified Contractor and Surety (at the address described in Paragraph
12) of any claims, demands, liens or suits and tendered defense of such claims,
demands, liens or suits to Contractor and Surety.
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3. With respect to Claimants, this obligation shall be null and void if
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor
have given notice to Surety (at the address described below) and sent a copy, or
notice thereof, to Owner, stating that a claim is being made under this Payment
Bond and, with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
1. Have furnished written notice to Contractor and sent a copy, or notice
thereof, to Owner, as required by and conforming with Civil Code Sections 3252
and 3091; and
.2 Not having been paid within thirty (30) days of sending the required notice,
have sent a written notice to Surety (at the address described below) and sent a
copy to the Owner, stating that a claim is being made under this Payment Bond
and enclosing a copy of the previous written notice furnished to Contractor.
5. When the Claimant has satisfied the conditions of Paragraph 4, Surety
shall promptly and at Surety’s expense take the following actions:
5.1 Send an answer to the Claimant, with a copy to Owner, within 20 days
after receipt of the claim, stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
5.2 Pay or arrange for payment of any undisputed amounts.
6. Surety’s total obligation shall not exceed the amount of this Payment
Bond, and the amount of this Payment Bond shall be credited for any payments
made in good faith by Surety.
7. Amounts owed by Owner to Contractor under the Construction Contract
shall be used for the performance of the Construction Contract and to satisfy
claims, if any, under the Performance Bond. By Contractor furnishing and Owner
accepting this Payment Bond, they agree that all funds earned by Contractor in
the performance of the Construction Contract are dedicated to satisfy obligations
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of Contractor and Surety under this Bond, subject to the Owner’s priority to use
the funds for the completion of the work or the satisfaction of Owner’s claims,
including liquidated damages, under the Construction Contract.
8. Surety shall not be liable to Owner, Claimants or others for obligations of
the Contractor that are unrelated to the Construction Contract. Owner shall not
be liable for payment of any costs or expenses of any Claimants under this
Payment Bond, and shall have under this Payment Bond no obligation to make
payments to, give notices on behalf of, or otherwise have any obligation to
Claimants under this Payment Bond.
9. Surety hereby waives notice of any change, including changes of time, to
the Construction Contract or to related subcontracts, purchase orders and other
obligations.
10. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction. The prevailing party in any such action
shall be entitled to recover its attorneys’ fees, to be taxed as costs.
11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the
address shown on the signature page.
12. This Payment Bond has been furnished to comply with Civil Code
Sections 3247 through 3252. Any provision in this Payment Bond conflicting with
those statutory requirements shall be deemed deleted and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein.
The intent is that this Payment Bond shall be construed as a statutory bond and
not as a common law bond.
13. Upon request by any person or entity appearing to be a potential
beneficiary of this Payment Bond, the Contractor shall promptly furnish a copy of
this Payment Bond or shall permit a copy to be made.
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14. DEFINITIONS
14.1 Claimant: An individual or entity identified in California Civil Code Sections
3181 or 3248.
14.2 Construction Contract: The agreement between Owner and Contractor
identified above, including all Contract Documents and changes thereto.
CONTRACTOR, as Principal SURETY
By: By:
Its: Its:
Address: Address:
FAX: FAX:
Note:. Signatures of those executing for Surety must be properly acknowledged.
The bond must be accompanied by a power of attorney from the Surety
authorizing its agent to bind it to this bond.
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CONTRACT FOR CONSTRUCTION
2016 Pavement Management Program Project
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THIS CONTRACT FOR CONSTRUCTION is made and entered into this _____ day of
_____________________, 20________, by and between the City of Saratoga, a
municipal corporation (herein called CITY) and ________________________________,
a California corporation, a partnership or an individual (circle one) located at
_________________________________________________, herein called Contractor.
RECITALS
A. WHEREAS, the City has caused to be prepared in the manner prescribed by law,
plans, specifications and other contract documents for the public work of construction
[insert project name and contract number] herein described and shown and has approved
and adopted the Contract Documents, including the specifications and plans, and has
caused to be published in the manner and for the time required by law a Notice Inviting
Bids for the work described in the Contract Documents, and
B. WHEREAS, the Contractor in response to the City’s Notice has submitted to the
City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten
percent (10%) of the amount bid for the construction of all of the proposed work in
accordance with the terms of the Contract Documents, and
C. WHEREAS, the City, in the manner prescribed by law, has publicly opened,
examined and declared the bids submitted and as a result has determined and declared
the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor
a contract for all of the work and for the sum or sums named in the bid proposal and in this
Contract.
Accordingly, CITY and Contractor agree as follows:
(1) CONTRACT SUM: CITY agrees to pay, and the Contractor agrees to accept, in
full payment for the above work, the sum of
__________________________________________________________ dollars
($_____________________________________) to be paid in accordance with
the Contract Documents.
(2) COMPLIANCE WITH LAW: CITY is a public agency. All provisions of law
applicable to public contracts are a part of this contract to the same extent as
though set forth herein and will be complied with by the Contractor.
(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this
Contract for Construction are hereby made a part of and incorporated by
reference into this Contract:
• The Notice Inviting Bids
• Information for Bidders
• Statement of Experience and Qualifications Bid Form
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• Contract Proposal,
• Faithful Performance Bond
• Labor and Materials Payment Bond
• Contractor’s Certificate Regarding Worker’s Compensation
• Certificate of Insurance and Endorsements,
• Affidavit Concerning Conflicts of Interest and Noncompetitive Practices
• Fair Employment Practices Certificate
• General Conditions, Special Conditions and Attachments thereto,
• State of California Department of Transportation Standard Plans and
Specifications
• and supplemental agreements, certifications, and endorsements
applicable to this work, with all modifications incorporated in said
documents prior to receipt of the Contract Proposals.
• Any work called for in one contract document not mentioned in another is
to be performed and executed the same as if mentioned in all Contract
Documents.
This Agreement (including all documents referred to above and incorporated
herein) represents the entire and integrated Agreement between CITY and
Contractor for the Project and supersedes all prior negotiations, representations,
or agreements, either written or oral. This document may be amended only by
written instrument, as provided in the General Conditions.
(4) PROHIBITED INTEREST. Contractor represents that to the best of its
knowledge no director, officer, or employee of CITY has any interest, contractual
or non-contractual, financial or otherwise, in this transaction or in the business of
Contractor. If any such interest comes to the knowledge of Contractor at any
time, a full and complete disclosure of all such information shall be made in
writing to CITY, even if such interest would not be considered a conflict of interest
under Article IV Division 4 (commencing with Section 1090) or Division 4.5
(commencing with Section 3600) of the Government Code of the State of
California. No member, officer, or employee of CITY or of any of its member
jurisdictions during his/her tenure of office, or for one year thereafter, shall have
any interest, direct or indirect, in this Contract or the proceeds therefrom.
(5) NOTICES. Any notices to be given hereunder by either party to the other may be
effected either by personal delivery, fax or mail. Mail shall be sent registered or
certified, postage pre-paid, return receipt requested. Mailed notices shall be
addressed to the parties at the addresses set forth below, but each party may
change its address by written notice in accordance with this paragraph. Notices
delivered personally shall be effective immediately. Notices sent by mail shall be
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effective one (1) day after mailing. Notices sent by facsimile shall be effective
upon transmission to the number set forth below.
CITY OF SARATOGA CONTRACTOR
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
(408) 868-1239 ________________
(6) Warranties. The Contractor hereby warrants and guarantees for one (1) year
from and after the date of completion of the services provided for in this
Agreement that said materials and labor necessary for the 2016 Pavement
Management Program Project shall operate as provided for in the Technical
Specifications and Contract Documents. During the term of this warranty,
Contractor shall provide all materials, parts and labor, at its own expense, which
are necessary to repair and/or correct any and all defects, installation or
operational failures in the equipment from any cause. Notwithstanding the
foregoing, Contractor shall not be required to bear the expense of correction of
any failure in the equipment that is caused solely by the negligence or willful
misconduct of City. The warranties of each part or component supplied are in
addition to the warranties required of Contractor in the Contract Documents.
(7) Waiver. No waiver of any breach of the terms, conditions or covenants of this
contract shall be construed to be a waiver of any succeeding breach of the same
or any other covenants, conditions or terms of this contract. The waiver by any
party of a breach of this Contract shall not constitute a continuing waiver, or a
waiver of any subsequent breach, either of the same of different provision of this
Contract.
(8) Time of the Essence. Time is of the essence in this contract.
(9) Controlling Law. This contract and all matters relating to it shall be governed by
the laws of the State of California.
(10) Entire Agreement. It is expressly agreed between CITY and Contractor that this
contract, including the documents listed in paragraph 3 and incorporated herein,
expresses the complete agreement between the parties and supersedes all prior
oral or written negotiations, agreements and understandings between them
regarding the subject matter hereof. This Agreement may be amended only by
written agreement between the parties as provided in the Contract Documents.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION TO
INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
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REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF
THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT
ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED
WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE
REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000,
SACRAMENTO, CALIFORNIA 95826.
This Agreement is executed by CITY upon approval by the Council at its regular
scheduled meeting of _____________________________________, and the
Contractor has caused this Agreement to be duly executed.
CITY OF SARATOGA: CONTRACTOR:
BY:
_____________________________
(Contractor Signatures must be Notarized)
James Lindsay BY:___________________________
City Manager PRINT NAME
______________________________
Date:
_______________________________
TITLE:
______________________________
ATTEST:
_______________________________
Contractor’s License No:
______________________________
_______________________________
License Expiry Date:
______________________________
Date:
_______________________________
Date:
______________________________
APPROVED AS TO FORM:
_______________________________
Richard Taylor
City Attorney
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REQUIRED CERTIFICATIONS
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Bidders Checklist
All forms must be properly signed and returned with Bid.
• Statement of Experience and Qualifications
• Bid Form
• Bid Surety
• Certificate Regarding Workers Compensation
• Non Collusion Affidavit
• Proposed Major Material Suppliers
• Proposed Subcontractors
• Affidavit Concerning Conflicts of Interest and Noncompetitive Practices
• Fair Employment Practices Certificate
• Contractor’s Response Form
• Certification Concerning Control of Employee of Contractor
• Contractor Safety Assurances
• Department of Industrial Relations Reporting Certification
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CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION
Contract with the CITY OF SARATOGA, for the construction of:
2016 Pavement Management Program Project
Labor Code Section 3700 provides in relevant part:
"Every employer except the state shall secure the payment of compensation in one or
more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers, duly
authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to
his or her employees. "
I am aware of the provisions of Section 3700 of the Labor Code, which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Dated: , 20__
(Contractor)
By___________________________________
_____________________________________
(Official Title)
(SEAL)
Note: Labor Code Section 1861, provides that the above certificate must be signed and filed by
the Contractor with CITY prior to performing any work under this contract.
(Contractor Signatures must be Notarized)
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NONCOLLUSION AFFIDAVIT
State of California
County of ss.
, being first duly sworn, deposes and says that
he or she is [title] 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;
that the bid is genuine and not collusive or sham; that the bidder has 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 of anyone
interested in the proposed contract; that all 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 the contents thereof, or divulged information or data
relative thereto, 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.
Signed: Date:
Bidder’s Name: ___________________
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PROPOSED MAJOR MATERIAL SUPPLIERS
The bidder is required to furnish the following information on major materials and
manufacturers. No changes will be allowed in materials or manufacturers without the
prior approval of CITY.
1.
2.
3.
4.
5.
6.
7.
8.
Signature of Bidder
Date
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PROPOSED SUBCONTRACTORS
Pursuant to the Subletting and Subcontracting Fair Practices Act (Public Contract Code
Sections 4100 et seq.), the following list gives the name, business address, and portion
of work (description of work to be done) for each subcontractor who will perform work or
labor or render service to the prime contractor in or about the construction of the work or
improvements, or a subcontractor licensed by the State of California who, under
subcontract to the prime contractor, specifically fabricates and installs a portion of the
work or improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one-half of one percent of the prime
contractor’s total bid or, in the case of bids or offers for the construction of streets or
highways, including bridges, in excess of one-half of one percent of the prime
contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. Additional
supporting data may be attached to this page. Each page shall be sequentially
numbered, headed “Proposed Subcontractors” and shall be signed.
NAME BUSINESS DESCRIPTION AND % OF
ADDRESS COST OF WORK WORK
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
After the award of contract, substitutions of the above-listed proposed subcontractors
may only be made with the prior approval of CITY in accordance with Public Contract
Code Section 4104.
Signature of Bidder
Date
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AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND
NONCOMPETITIVE PRACTICES
State of ) ss
County of )
A. Conflict of Interest. That the Contractor by entering into this contract with CITY to perform or provide
work, services or materials to CITY has thereby covenanted, and by this affidavit does again covenant
and assure that it has no direct or indirect pecuniary or proprietary interest, and that it shall not acquire
any such interest, which conflicts in any manner or degree with the services required to be performed
under this contract and that it shall not employ any person or agent having any such interest. In the
event that the Contractor or its agents, employees or representative hereafter acquires such a conflict
of interest, it shall immediately disclose such interest to CITY and take action immediately to eliminate
the conflict or to withdraw from this contract, as CITY may require.
B. Contingent Fees and Gratuities. That the Contractor, by entering into this Contract with CITY to
perform or provide services or material for CITY has thereby covenanted, and by this affidavit does
again covenant and assure:
1. That no person or selling agency except bona fide employees or designated agents or
representative of the Contractor has been employed or retained to solicit or secure this contract
with an agreement or understanding that a commission, percentage, brokerage or contingent fee
would be paid; and
2. That no gratuities, in the form of entertainment, gifts or other, were offered or given by the
Contractor or any of its agents, employees or representatives, to any official, member or employee
of CITY or other governmental agency with a view toward securing this contract or securing
favorable treatment with respect to the awarding or amending, or the making of any determination
with respect to the performance of this contract.
3. That no contracts of communication or lobbying efforts were made by Contractor, its agents or
officer with any member of the Council, any board or commission, or the staff of the City of
Saratoga with regard to this process.
Company Name
By __________________________
Title __________________________
Subscribed and Sworn to before me
This ______ day of _________, 20___.
_____________________________
Notary Public in and for State of ___________________________________
residing at ____________________________________________________
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FAIR EMPLOYMENT PRACTICES CERTIFICATE
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, religious creed, ancestry, national origin, age, sex,
sexual orientation, physical disability, mental disabilities, marital status, or medical
condition as defined in Government Code Section 12926. 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, religious creed, ancestry,
national origin, age, sex, sexual orientation, physical disability, mental disability, marital
status, or medical condition as defined in Government Code §12926. 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 setting forth the provisions of this Fair Employment Practices
section.
2. The Contractor will send to each labor union or representative of worker with
which it has a collective bargaining agreement or other contract or understanding, a
notice, advising the said labor union or worker’s representative of the Contractor’s
commitments under this section; and the Contractor shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
3. The Contractor will permit access to its records of employment, employment
advertisements, application forms, and other pertinent data and records by the Fair
Employment Practices Commission, CITY or any other appropriate agency of the State
of California designated by CITY, for the purposes of investigation to ascertain
compliance with the Fair Employment Practices section of this contract.
4. A finding of willful violation of the Fair Employment Practices section of this
contract or of the Fair Employment Practices Act shall be regarded by CITY as a basis
for determining the Contractor to be not a “responsible Contractor” as to future contracts
for which such Contractor may submit bids, for revoking the Contractor’s pre-
qualification rating, if any, and for refusing to establish, re-establish or renew a pre-
qualification rating for the Contractor.
CITY 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 Government Code
§12970 or obtained a court order under Government Code §12973.
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Upon receipt of such written notice from the Fair Employment Practices
Commission, CITY shall notify the Contractor that unless it demonstrates to the
satisfaction of CITY within a stated period that the violation has been corrected, the
Contractor’s pre-qualification rating will be revoked at the expiration of such period.
5. The Contractor agrees that should CITY 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 CITY, forfeit,
for each calendar day, or portion thereof, for each person who was denied employment
as a result of such noncompliance, the penalties provided in the labor code for violation
of prevailing wage rates. Such monies may be recovered from the Contractor. CITY
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 of fashion so as to prevent CITY from pursuing any other remedies that
may be available at law.
7. Prior to award of the contract, the Contractor shall certify to CITY that it has or
will meet the following standards for affirmative compliance, which shall be evaluated in
each case by CITY:
a. The Contractor shall provide evidence, as required by CITY, that it 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 CITY, that it has
notified all sources of employee referral (including unions, employment agencies,
advertisements, and the Department of Employment) of the content of the anti-
discrimination clause.
c. The Contractor shall file a basic compliance report as required by CITY.
Willfully false statements 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 its representatives, the Contractor shall, through
negotiations with the unions with whom it has agreements, attempt to develop an
agreement which will:
(1) Spell out responsibilities for nondiscrimination in hiring, referral, upgrading
and training.
(2) Otherwise implement an affirmative anti-discrimination program in terms of
the unions’ specific areas of skill and geography, to the end that qualified
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minority workers will be available and given an equal opportunity for
employment.
e. The Contractor shall notify CITY of opposition to the anti-discrimination
clause by individuals, firms or organizations during the period of its pre-
qualification.
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
subconsultant.
9. Statements and Payrolls. The Contractor shall maintain its records in
conformance with the requirements in the Specifications and the following special
provisions:
a. The submission by the Contractor of payrolls, or copies thereof, to the
awarding body, is required within two weeks of closing each pay period. Each
contractor and subcontractor shall preserve their weekly payroll records for a
period of three (3) years from the date of completion of the contract.
b. The payroll records shall contain the name, address and social security
number of each employee, his/her correct classification, rate of pay, daily and
weekly number of hours worked, itemized deductions made, and actual wages
paid.
c. The Contractor shall make its payroll records available at the project site
for inspection by CITY and shall permit CITY to interview employees during
working hours on the job.
The following certification is to be executed by every Contractor and enclosed and
forwarded in a sealed envelope containing the bid. The person signing the certification
shall state his/her address and official capacity.
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FAIR EMPLOYMENT PRACTICE CERTIFICATION
The undersigned, in submitting a bid for performing the following work by contract,
hereby certifies that the Contractor will meet the above standards of affirmative
compliance with the Fair Employment Practices Act.
_______________________________________________________
(Type) PROPOSING COMPANY
________________________________________________________
SIGNATURE
________________________________________________________
(Type) NAME OF SIGNER
________________________________________________________
(Type) TITLE
________________________________________________________
(Type) NUMBER AND STREET
________________________________________________________
(Type) CITY STATE ZIP CODE
________________________________________________________
(Type) TELEPHONE
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CONTRACTORS RESPONSE FORM
Contractors Declarations and Statement of Understanding
The undersigned (hereinafter called the “Contractor”) declares that he/she
has read the Notice Inviting Bids and has authority to submit the following.
The Contractor understands that, in addition to this Response Form, the
Information for Bidders and Contractor's supporting documents constitute
parts of the contract and are incorporated herein by reference.
Contractor acknowledges that Addenda numbers _____ through
_____ have been delivered and have been taken into account as part
of the Agreement, and that all addenda issued are hereby made part
of the Agreement.
Contractor hereby designates ______________________________ as
the person to contact for additional information. (Telephone No:
_________________________ Fax No: _________________________,
e-mail Address:________________________________)
Internal Revenue Service (IRS) Reporting Requirements
Check one:
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CITY OF SARATOGA
A CERTIFICATION CONCERNING CONTROL OF EMPLOYEES OF CONTRACTOR
The Contractor, by entering into this Agreement with CITY to perform or provide work,
services or materials to CITY, does hereby certify and assure that in performing the
services under this Agreement, the Contractor shall act as an independent Contractor
and shall have full control of the work and Contractor’s employees. Contractor and its
employees in no circumstances whatsoever shall imply or be deemed an agent(s) or
employee(s) of CITY. Contractor's employees in no circumstances shall be entitled to
part of any pension plan, insurance, bonus or any similar benefits which CITY provides
its own employees.
Any infraction of this Certification shall be cause for termination of this Agreement.
Signed
Authorized Representative of Bidder
Title
Date
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Required Certifications
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The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is
performed in accordance with the State’s environmental health and safety laws, codes and regulations. To
this end, please initial and check the following form in the appropriate boxes. Failure to do so may affect
your contract with the City of Saratoga. Please note that for the purposes of this document, you are referred
to as “Contractor.” This checklist must be updated annually or anytime changes occur. Contractor will
provide the City with any documents referenced below within 24 hours of the request.
Please respond YES, NO, or N/A for each item on the list. Safety Measures 1 and 2 are required.
SAFETY MEASURE YES NO N/A
1. A. Contractor has either a written Injury and Illness Prevention Plan compliant
with 8CCR3203, OR B. Contractor has fewer than 10 employees, but agrees all
work will be performed in compliance with all laws, codes, regulations and best
standard practices to protect personnel, the environment, and property.
2. Contractor will provide the City of Saratoga a copy of their accident investigation
report within 24 hours for each accident that occurs during the performance of the
contract.
3. Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the
job.
4. Contractor will provide the City of Saratoga a copy of the SDS (Safety Data
Sheet) for each chemical brought onto the site.
5. Contractor has and can provide the City of Saratoga a copy of the Hazardous
Waste disposal plan for any hazardous wastes generated during the job.
6. Contractor has and can provide the City of Saratoga a copy of their
Lockout/Tagout program if any work is to be done on any sources of hazardous
energy.
7. Contractor has and can provide the City of Saratoga a copy of their Electrical
Safety program if any electrical work is to be performed.
8. Contractor has and can provide the City of Saratoga a copy of their Fall Protection
program if any work is to be performed that would require it.
9. Contractor has and can provide the City of Saratoga a copy of the Confined Space
program if any confined spaces are to be entered.
10. Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training certifications for employees if those employees occasionally work
outdoors for two or more hours/day.
Contractor:
(print company name) hereby certifies that the foregoing is true and correct.
Contractor Signature Date
Print Name & Title
City of Saratoga Contractor Safety Assurances
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City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Contractor Name:
Contractor DIR #:
Classification(s) or type(s) of workers that will be employed by the contractor for this project:
Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers
Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Eng. Painters
Pile Drivers Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm. Surveyors Teamster
Tile Workers
Subcontractors: License Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the contractor named in the first line above.
Signature Date:
Print Name & Title
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Job Scope 100
Job Scope
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Job Scope: List of streets 101
Street Name From - To Treatment
Palmtag Drive Bellwood to Brookview Paving
Woodside Court Woodside to End Paving
Woodside Drive Bellwood to Prospect Paving
Brookview Drive Titus to Brookglen Paving
Sobey Meadows Court Sobey to End Paving
Lanark Lane Scotland to Glen Brae RFSS/Micro
Brook Lane Johnson to Brookridge RFSS/Micro
Brookhaven Drive Johnson to Brookglen RFSS/Micro
Brookridge Drive Brook Ln to Brookhaven Dr RFSS/Micro
Brooknoll Court Brookridge to End RFSS/Micro
Needham Lane Plymouth to Solana Micro/Crack Seal
Larchmont Avenue Solana to Scully RFSS/Micro
Scully Avenue Larchmont to Prospect RFSS/Micro/Crack Seal
Ashton Court Miller to End RFSS/Micro/Crack Seal
Arden Court Miller to End RFSS/Micro/Crack Seal
Ardmore Court Miller to End RFSS/Micro/Crack Seal
Douglass Lane Taos To End RFSS/Micro/Crack Seal
Donna Lane Douglass to End RFSS/Micro/Crack Seal
Ted Court Seagull Way to End RFSS/Micro/Crack Seal
La Vista Court La Vista Dr to End RFSS/Micro/Crack Seal
Palmero Court La Vista to End RFSS/Micro/Crack Seal
Jacaranda Court Ten Oaks to End RFSS/Micro/Crack Seal
Via Cresente Court Via Arriba to End RFSS/Micro/Crack Seal
Via Monte Drive Saratoga to Glen Brae RFSS/Micro/Crack Seal
Via Ranchero Drive Via Arriba to Via Real RFSS/Micro/Crack Seal
Via Ranchero Court Via Ranchero to End RFSS/Micro/Crack Seal
2016 PMP Scope of Work
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Palmtag Drive: Bellwood Drive to Brookview Drive
Woodside Court: Woodside Drive to End
Woodside Drive: Bellwood Drive to Prospect Road
Brookview Drive: Titus Avenue to Brookglen Drive
This Sheet Only: Overlay 2” x 6.5’ grind each side of street then microsurface (see page # 211) 161
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Sobey Meadows Court: Sobey Road to end
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Lanark Lane: Scotland to Glen Brae
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Brook Lane: Johnson Avenue to Brookridge Drive
Brookhaven Drive: Johnson Avenue to Brookglen Drive
Brookridge Drive: Brook Lane to Brookhaven Drive
Brooknoll Court: Brookridge Drive to End
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Needham Lane: Plymouth Drive to Solana Drive
Larchmont Avenue: Solana Drive to Scully Avenue
Scully Avenue: Larchmont Avenue to Prospect Road
Ashton Court: Miller Avenue to End
Arden Court: Miller Avenue to End
Ardmore Court: Miller Avenue to End
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Douglass Lane: Taos Drive to end
Donna Lane: Douglass Lane to End
v
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Ted Court: Seagull Way to End
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La Vista Court: La Vista Drive to End
Palermo Court: La Vista Drive to End
Jacaranda Court: Ten Oaks Way to End
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Via Cresente Court: Via Arriba Drive to End
Via Monte Drive: Saratoga Avenue to Glen Brae Drive
Via Ranchero Drive: Via Arriba Drive to Via Real Drive
Via Ranchero Court: Via Ranchero Drive to End
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TECHNICAL SPECIFICATIONS
2016 Pavement Management Program Project
List of Specifications Included:
SECTION 15 TRAFFIC STRIPES, PARKING STALLS AND PAVEMENT MARKINGS
SECTION 01170 ACCIDENT PREVENTION
SECTION 01200 PROJECT MEETINGS
SECTION 01300 SUBMITTALS
SECTION 01530 TRAFFIC CONTROL/BARRIERS
SECTION 01560 TEMPORARY CONTROLS
SECTION 01700 PROJECT CLOSE OUT
SECTION 02050 REMOVAL OF PAVEMENTS AND CONCRETE SLABS
SECTION 02115 CLEARING AND GRUBBING
SECTION 02200 EARTHWORK
SECTION 02210 EXCAVATION, EMBANKMENT AND COMPACTION
SECTION 02232 AGGREGATE BASE COURSE
SECTION 02510 WEDGE GRIND/CUT CONFORM
SECTION 02511 HOT-MIXED ASPHALT PAVING
SECTION 02515 WALKS, CURBS, RAMPS AND GUTTERS
SECTION 03100 CONCRETE FORMWORK
SECTION 03250 CONCRETE ACCESSORIES
111-12 TYPE II MICRO-SURFACING
CITY OF SARATOGA DETAILS GENERAL CONSTRUCTION SPECIFICATIONS
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SECTION 15 TRAFFIC STRIPES, PARKING STALLS AND PAVEMENT MARKINGS
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consist of installing traffic stripes,
parking stalls and pavement markings.
A. Cleaning: Sweep and clean surface to eliminate loose material and dust.
B. Remove existing parking stall painting by sand blasting.
C. Striping: Thermoplastic and Paint Type, per Section 84 of the Caltrans Standard
Specifications for Construction of Local Streets and Roads, May 2006 Edition
D. Do not apply traffic and lane marking paint until layout and placement have been
verified with Engineer.
E. Apply paint with mechanical equipment to produce uniform straight edges. Apply at
manufacturer's recommended rates to provide minimum 12 to 15 mils dry thickness.
Use white color for normal striping, unless otherwise noted. Use blue color at
handicap facilities.
END OF SECTION 15
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SECTION 01170 ACCIDENT PREVENTION
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consist of establishing an effective accident
prevention program and providing a safe environment for all the public and workers within the
construction zone.
1.2 SUBMITTALS:
A. Accident Prevention Program: Before on-site work begins, submit for review and
comment an accident prevention program. The Engineer will review the proposed
program for compliance with OSHA and project requirements. If the program
requires any revisions or corrections, the Contractor shall resubmit the program
within 10 days. No progress payments will be processed until the program is
approved. The program shall include:
1. Name of responsible supervisor to carry out the program.
2. Weekly and monthly safety meetings.
3. First aid procedures
4. Outline of each phase of the work, the hazards associated with each major phase,
and the methods proposed to ensure property protection and safety of the public,
and Contractor's employees. Identify the work included under each phase by
reference to specification section or division numbers
5. Training, both initial and continuing.
6. Planning for possible emergency situations, such as floods, fires, cave-ins, slides,
explosions, power outages, and wind storms. Such planning shall take into
consideration the nature of construction, site conditions, and degree of exposure
of persons and property.
7. Housekeeping
8. Fire Protection
B Certificates: Certify that all mechanical equipment has been inspected and meets
OSHA requirements.
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C. Submit a copy of test reports, as required by OSHA, for personnel working with
hazardous materials.
D. Submit a report of safety meetings and of inspections.
E. Upon request, submit proof of employees' qualifications to perform assigned duties in
a safe manner.
F. Confined Space Training Certification
1.3 QUALITY ASSURANCE:
A. Clauses entitled "Accident Prevention" and "Permits and Responsibilities" of the
General Provisions. In case of conflicts between Federal, state, and local safety and
health requirements, the most stringent shall apply. Equipment or tools not meeting
OSHA requirements will not be allowed on the project sites. Failure to comply with
the requirements of this section and related sections may result in suspension of work.
B. Qualification of Employees:
1. Ensure that employees are physically qualified to perform their assigned duties in
a safe manner.
2. Do not allow employees to work whose ability or alertness is impaired because of
drugs, fatigue, illness, intoxication, or other conditions that may expose
themselves or others to injury.
3. Operators of vehicles, mobile equipment, hoisting equipment, and hazardous plant
equipment shall be able to understand signs, signals, and operating instructions,
and be capable of operating such equipment. Provide operating instructions for
all equipment. Newly hired operators shall be individually tested by an
experienced operator or supervisor to determine if they are capable of safely
operating equipment.
1.4 ACCIDENT REPORTING:
A. Reportable Accidents: A reportable accident is defined as death, occupational
disease, traumatic injury to employees or the public, property damage by accident in
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excess of $100, and fires. Notify the City and appropriate regulatory agencies within
24 hours of the reportable accident.
B. All other Accidents: The Contractor shall report all other accidents to the City and
appropriate regulatory agencies as soon as possible and assist the City and other
officials as required in the investigation of the accident.
PART 2: PRODUCTS
2.1 FIRST AID FACILITIES: Provide adequate facilities for the number of employees and
the type of construction at the site.
2.2 PERSONNEL PROTECTIVE EQUIPMENT: Meet requirements of NIOSH and MSHA,
where applicable, as well as ANSI.
2.3 BARRIERS: Section 01530.
PART 3: EXECUTION
3.1 EMERGENCY INSTRUCTIONS: Post telephone numbers and reporting instructions for
ambulance, physician, hospital, fire department, and police in conspicuous locations at
the work site.
3.2 ESCAPE ROUTES: Provide and maintain adequate escape routes at all times in
accordance with the Life Safety Code (NFPA 101-85). No corridor, aisle, stairway, door,
or exit shall be obstructed or used in a manner that interfered with escape routes.
3.3 PROTECTIVE EQUIPMENT:
A. Inspect personal protective equipment daily and maintain in a serviceable condition.
Clean, sanitize, and repair, as appropriate, personal items before issuing them to
another individual.
B. Inspect and maintain other protective equipment and devices before use and on a
periodic basis to ensure safe operation.
3.4 SAFETY MEETINGS:
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A. As a minimum, conduct weekly 15-minute "toolbox" safety meetings. These
meetings shall be conducted by a foreman and attended by all construction personnel
at the worksite.
B. Conduct monthly safety meetings for all levels of supervision. Notify the Contracting
Officer so that he may attend. These meetings shall be used to review the
effectiveness of the Contractor's safety effort, to resolve current health and safety
problems, to provide a forum for planning safe construction activities, and for
updating the accident prevention program. The Contracting Officer will enter the
results of the meetings into his daily log.
3.5 HARD HATS AND PROTECTIVE EQUIPMENT AREAS:
A. A hard hat areas shall be designated and posted by the Contractor in a manner
satisfactory to the City.
B. It is the Contractor's responsibility to require all those working on or visiting the site
to wear hard hats and other necessary protective equipment at all times. As a
minimum, provide six hard hats for use by visitors. Change liners before reissuing
hats.
C. The contractor shall provide barricades and warning signs, or other warning devices
as necessary prevent unauthorized access into the construction work area.
3.6 TRAINING:
A. First Aid: Provide adequate training to ensure prompt and efficient first aid.
B. Hazardous Material: Train and instruct each employee exposed to hazardous material
in safe and approved methods of handling and storage. Hazardous materials are
defined as explosive, flammable, poisonous, corrosive, oxidizing, irritating, or
otherwise harmful substances that could cause death or injury.
C. OSHA Confined Space Training: The Contractor shall be required to submit their
written policy for confined space entry. The policy shall include a copy of the permit
used by the Contractor and identification of their safety/confined space entry
equipment
END OF SECTION 01170
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SECTION 01200 PROJECT MEETINGS
PART 1: GENERAL
1.1 PRECONSTRUCTION CONFERENCE: Before start of construction, the Contractor shall
arrange an on-site pre-construction meeting with City of Saratoga.
1.2 PROGRESS MEETINGS:
A. The City will require, as a minimum, the Contractor to conduit weekly meetings
with appropriate subcontractors, utility companies as required, and the Engineer and
staff. The city reserves the right to require progress meeting on a more frequent
basis during crucial periods of the project which require extra coordination efforts.
B. The Contractor shall be required to update his project schedule prior to the weekly
progress meetings. The schedule shall include, as a minimum, activity ID numbers,
task descriptions, task duration’s, start and finish dates, identification of Critical Path
tasks, % complete for each activity, total estimated cost for each activity, and float or
slack time. The Contractor shall provide ten copies to the City prior to the Status
meeting.
C. The Engineer will take meeting minutes for each meeting and assign actions
accordingly. Meeting minutes will include action assignments to specific personnel
and a completion date.
PART 2: PRODUCTS Not used.
PART 3: EXECUTION Not used.
.
END OF SECTION 01200
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SECTION 01300 SUBMITTALS
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consists of submittal requirements before and
during construction.
1.2 RELATED REQUIREMENTS: Closeout submittals - Section 01700.
1.3 SCHEDULES: As soon as possible after Notice of Award and before beginning any
work, submit Progress Schedule and Schedule of Values as a package. The City will
review the Progress Schedule and the Schedule of Values for format and content.
A. Progress Schedule: Submit to the Engineer for approval, four copies of a Critical
Path Method Progress Schedule (normally in bar chart form) showing estimated
starting and completion dates for each part of the work. The Critical Path method
schedule shall be prepared using computer scheduling programs such as Primavera,
Microsoft Project, Suretrak, P3, or others. The progress payment will not be
approved by the City until an acceptable, up to date progress schedule is provided to
the Engineer. The purpose of the schedule will be to assure adequate planning and
execution of the work by the Contractor; to assure coordination of the work of the
various subcontractors and utility companies; to assist the contractor, City and
Engineer in monitoring the progress of the work and evaluating proposed changes to
the contract and schedule; to assist the Engineer, City, and Contractor in the
preparation and evaluation of the Contractor’s monthly progress payments; and to
alert the City as to the proposed closure of streets and other public facilities.
B. Schedule of Values: Submit a schedule values for the dollar values based on the
Contract Bid Schedule including all bid items, and for the work activities identified in
the project schedule. Break down into component parts each bid item involving a
series of operations for which progress payments may be requested. The total costs
for the component parts shall equal the bid amount for that item, and the total cost of
all items shall equal the contract sum. The City may request additional tasks be
identified in the schedule of values or data to verify accuracy of dollar values. The
Schedule of Values will form the basis for progress payments as provided for in the
General Provisions.
1.4 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES:
A. General Procedures:
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1. As specified in the individual sections, forward submittals to the City at least 15
days before need for review. Unless a different number is specified, submit five
copies of each shop drawing, three specimens of each sample, and five copies of
all other submittals requested, all of which will be retained by the City. Submit
any additional copies that are to be returned.
2. Coordinate all submittals and review them for legibility, accuracy, completeness,
and compliance with contract requirements. Forward submittals that are related to
or affect one another as a package to facilitate coordinated review.
3. Submittals will not be accepted for review if they are not on the correct form, an
incorrect amount of submittals are submitted, the transmittal form is incorrectly
filled out, submittals are not coordinated, or submittals do not show evidence of
Contractor's approval.
4. The City reserves the right to require submittals in addition to those called for in
individual sections.
B. Specific Procedures:
1. Shop Drawings: Identify each copy of shop drawings with contract drawing
number in lower right hand corner.
2. Samples: Samples shall be large enough to illustrate clearly the functional
characteristics and full range of color, texture, or pattern.
3. Manufacturers' Literature: Submit only pertinent pages; mark each copy of
standard printed data to identify products referenced in specification section.
C. The City's Review:
1. After approving submittals, The City will return Contractor's copies.
2. If submittals are not approved, The City will return all copies to Contractor with
reasons for rejection. Resubmit, identifying changes.
3. Any work done before approval shall be at Contractor's own risk.
1.5 APPROVED EQUALS:
A. For each item proposed as an "approved equal," submit a separate request. With each
request submit supporting data, including:
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1. Drawings and samples as appropriate.
2. Comparison of the qualities of the proposed item with that specified.
3. Changes required in other elements of the work because of the substitution.
4. Name, address, and telephone number of vendor.
5. Manufacturer's literature regarding installation, operation, and maintenance,
including schematics for electrical and hydraulic systems, lubrication
requirements, and parts list. Describe availability of maintenance service, and
state source of replacement materials.
B. A request for approval constitutes a representation that Contractor:
1. Has investigated the proposed item and determined that it is equal or superior in
all respects to that specified.
2. Will provide the same warranties for the proposed item as for the item specified.
3. Has determined that the proposed item is compatible with interfacing items.
4. Will coordinate the installation of an approved item and make all changes
required in other elements of the work because of the substitution.
5. Waives all claims for additional expenses that may be incurred as a result of the
substitution.
C. The Engineer has the final determination as to whether the proposed substitute
product is equal. If the determination is made the product is not equal, the contractor
shall be required to provide a product which meets the specifications.
1.6 MANUFACTURER'S INSTALLATION INSTRUCTIONS: When contract documents
require compliance with manufacturer's printed instructions, provide one complete set of
instructions for The City and keep another complete set of instructions at the project site
until substantial completion.
1.7 MATERIAL SUBMITTAL LIST- The names of the manufactures/producers of the
materials proposed by the Contractor for use under this contract shall be submitted to the
Engineer, for review, within (30) calendar days after the award of the contract prior to
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beginning work. The manufacture‘s producers specifications and or certificates of
compliance shall be submitted for all applicable products on the list.
ITEM DESCRIPTION
• Construction Schedule
• Material Submittal List
• Site Inspection photo/pictures
• Notices to Residents, Businesses and Schools
• Traffic Control Plan
• Class 2 Aggregate Base (recycle rock will not be accepted)
• Asphalt Concrete (Caltrans) Type B Medium 1/2 & 3/4 inch maximum aggregate size,
medium graded (recycle asphalt product RAP will not be accepted)
• Class B Portland Cement Concrete (5 sack mix with 1 pint lampblack /cubic yard)
• Truncated Domes for Wheelchair Ramp (Color Armor Title Dark Grey Federal Color No.
36118)
END OF SECTION 01300
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SECTION 01530 TRAFFIC CONTROL/BARRIERS
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consists of furnishing, installing, and
maintaining barriers to protect existing facilities and the public from construction
operations. Per Section 7-1.08, “Public Convenience,” and 7-1.09, “Public Safety”, of
the Caltrans Standard Specifications for Construction of Local Streets and Roads, May
2006 Edition Caltrans, set forth the Contractor’s responsibilities for public convenience
and public safety.
1.2 SUBMITTALS
A. A copy of the Traffic Control Supervisor's Certification
B. Traffic Control Plan
PART 2: PRODUCTS
2.1. GENERAL: Material may be new or used, but shall be suitable for intended purpose.
Fences and barriers shall be structurally adequate and neat in appearance.
2.2. FENCING: Chain link, 2-inch mesh, minimum height, 6 feet.
2.3. BARRICADES AND SIGNS: ANSI D6.1-78, "Manual on Uniform Traffic Control
Devices" (MUTCD), Part VI.
2.4. LUMBER: Free of nails, large knot holes and splinters.
2.5. BARRIER TAPE: Banner Guard, imprinted with "CAUTION: CONSTRUCTION
AREA", or approved equal.
2.6. FLASHING ARROW SIGNS: Per section 12-3.03 of the Caltrans Standard
Specifications for Construction of Local Streets and Roads, May 2006 Edition Caltrans.
Provide electric arrow board(s) for lane reduction.
2.7. SIGNS: Overhead Lines Above
PART 3: EXECUTION
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3.1 GENERAL
A. The Contractor shall provide all barricades, flagmen, control devices, etc.
necessary to control traffic and protect areas under construction. All traffic
control procedures, signing, lighting, barricading, etc., shall conform to the latest
edition of the Manual of Uniform Traffic Control Devises.
B. The Contractor shall submit to the City for approval, a Traffic Control Plan (TCP)
prepared by a Certified Traffic Control Supervisor. No demolition or construction
activities may commence until the TCP has been approved.
C. The Traffic Control Supervisor shall be certified as a Worksite Traffic Supervisor
by the American Traffic Safety Services Association (ATSSA).
D. All barricading and signage shall be left in place until the work has been
constructed, inspected and approved by the City.
E. The Contractor shall provide the name, address, and phone number of his
representative who may be reached at any time during the life of the project
regarding repairs, detours, barricading, etc. This information shall be furnished in
writing to the City, Fire Department, and Police Department.
F. The Contractor shall be responsible for informing the public of the traffic
conditions existing within the construction area at all times by placement of
appropriate warning and advisory signs. The Contractor shall provide and
maintain all traffic control and safety items. The Contractor assumes sole and
complete responsibility for the job and site conditions including safety of all
persons and property, from start until final acceptance of construction of
construction. This requirement shall apply continuously twenty-four (24)
hours/day and shall be limited to normal work hours.
G. Notify the police and fire department 24 hours prior to any road closure.
3.2 PROTECTION OF PUBLIC:
A. Fence, barricade, or otherwise block off the immediate work area to prevent
unauthorized entry to the work area.
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B. Erect and maintain barricades, lights, danger signals, and warning signs in
accordance with ANSI D6.1-78.
C. Illuminate barricades and obstructions at night; keep safety lights burning from
sunset to sunrise.
D. Adequately barricade and post open cuts in or adjacent to thoroughfares.
E. Protect pedestrian traffic by guardrails or fences.
F. When pedestrian traffic is detoured into a roadway, provide temporary walkways
with any necessary protection at ends and overhead. For walkways, use lumber
running parallel to direction of traffic movement and provide ramps at changes of
elevation.
G. Cover pipes, hoses, and power lines crossing sidewalks and walkways with
troughs using beveled edge boards.
H. Erect and maintain sufficient detour signs at road closures and along detour
routes.
3.3 BARRIER TAPE: Install where directed by the City. Keep a minimum of two rolls
on site at all times.
3.4 REMOVAL: Completely remove barriers no longer needed and when approved
by the City.
END OF SECTION 1530
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SECTION 01560 TEMPORARY CONTROLS
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consists of providing temporary controls
and disposal of construction wastes and debris. The Contractor shall pay for all disposal
costs unless otherwise indicated in the Contract Documents.
1.2 SUBMITTALS:
A. Location and Operator of the Contractor’s Solid Waste Disposal Facility to be
utilized for construction all materials disposed of off the project site.
PART 2: PRODUCTS Not used.
PART 3: EXECUTION
3.1 HOUSEKEEPING:
A. Keep project neat, orderly, and in a safe condition at all times.
B. Provide enough refuse containers for collecting construction debris. Refuge
containers shall be emptied as required to maintain a neat and orderly
environment.
C. Wet down dry materials and rubbish to prevent blowing dust.
D. Keep volatile wastes in covered containers.
E. Utilize or remove excavated material as soon as possible.
3.2 DISPOSAL:
Soil Evaluation: All soil materials excavated within the project area will be evaluated upon
removal. Soil materials will be visually screened for debris and staining by the Engineer. The
Contractor shall separate out all trash and debris for soils to be reused onsite.
All trash and debris encountered during excavation shall be stored separately or disposed of at
a lawfully permitted landfill facility.
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Unless otherwise specified, all removed materials becomes the property of the Contractor and
shall be properly disposed of offsite. Immediately remove hazardous rubbish from project site.
Place other construction debris in refuse containers at least daily. Dispose of refuse at least
weekly, in a legal manner, at approved public or private dumping areas.
3.3 ITEMS IDENTIFIED TO BE REMOVED OR SALVAGED
A. All items identified to be removed or salvaged shall be removed in a manner to
minimize damage to the item to be salvaged.
3.4 AIR AND WATER POLLUTION CONTROL:
3 Take all necessary reasonable measures to reduce air and water pollution by any
material or equipment used during construction.
4 To control erosion during and after project implementation, the contractor shall
implement a Stormwater Pollution Prvention Plan (SWPPP) with appropriate Best
Management Practices (BMPs), in accordance with San Francisco Bay Regional
Water Quality Board (RWQCB) guidelines
5 Do not dispose of any volatile wastes or oils in storm or sanitary drains.
6 Do not allow waste materials to be washed into streams or bodies of water.
7 Sod or seed slopes, as specified in Section 02950, as soon as possible to
prevent erosion. If it is impossible to prevent erosion, the City may require
construction of sedimentation basins to prevent water pollution.
8 The Contractor shall comply with all of the State of California Construction De-
watering Permit requirements.
3.5 DUST PREVENTION
A. During the construction and until final acceptance by the City, the Contractor
shall be responsible for controlling dust emissions in the construction area.
B. No earthwork activities shall be performed when the sustained wind speed
exceeds thirty (30) miles per hour.
C. All fill areas shall be compacted on a daily basis as required in the project.
D. Any mud or dirt carried out onto paved surfaces shall be cleaned up in a daily
basis.
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E. The Contractor shall promptly comply will all directives from the City relating to
dust control. If the Contractor fails to comply or provide adequate means to
control dust, a stop work order will be \issued until the problems have been
corrected.
END OF SECTION 01560
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SECTION 01700 PROJECT CLOSE OUT
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consist of final cleanup, closeout
submittals, and final inspection procedures.
1.2 SUBMITTALS
A. As specified in this section.
PART 2: PRODUCTS - Not Used
PART 3: EXECUTION
3.1 POSTED OPERATING INSTRUCTIONS: As specified in the individual sections.
Furnish operating instructions attached to or posted adjacent to equipment. Include
wiring diagrams, control diagrams, control sequence, start-up, adjustment, operation,
lubrication, shut-down, safety precautions, procedures in the event of equipment failure,
and other items of instruction recommended by the manufacturer.
3.2 CLEANING: Remove all tools, equipment, surplus materials, and rubbish. Restore or
refinish surfaces of existing facilities that are marred, scratched, or damaged due to the
work of this contract to match original condition. Remove grease, dirt, stains, foreign
materials, and labels from interior and exterior finished surfaces. Do any required waxing
and polishing. Sweep paved areas; rake grounds. At time of final inspection, project
shall be thoroughly clean and ready for use.
3.3 PROJECT RECORD DRAWINGS:
A. The contractor shall maintain an up to date set of red-lined record drawings which
indicate all changes and revisions to the original design that affect the permanent
structures and will exist in the completed work. The contractor shall also reference
all underground utilities to semi-permanent or permanent physical objects. Reference
water, sewer, telephone, and electric lines to corners of buildings. Include schematic
diagrams showing terminal numbers for all electrical equipment.
B. Keep record drawings current. Inspection will be made monthly. Certification of
accuracy and completeness will be required on monthly payment requisitions. Project
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record drawings are the property of the City and shall be delivered to the City before
closeout.
3.4 CLOSEOUT SUBMITTALS: Submit before final inspection request
A. Project Record Drawings: As specified above.
B. Guarantees and Bonds: As specified in individual sections.
C. Spare Parts and Materials: As specified in individual sections.
D. Operation and Maintenance Data: As specified in Section 01730.
E. Operation and Maintenance Data: Provide four complete sets of the following data.
Data shall be on 8½-inch by 11-inch sheets or manufacturers’ standard catalogs,
suitable for side binding. Include the following as applicable:
1. Replacement parts list
2. Wiring diagrams
3. Manufacturers’ model numbers
4. Name, address, and telephone number of local representative
5. Basic operational features
6. Schedule of maintenance work
7. Lubricants
8. Emergency procedures
9. Starting, operating, and shut-down procedures
10. Seasonal shut-down procedures
11. Cleaning agents and methods
12. Color and texture designations.
F. Operating Tools: As specified in the individual sections.
G. Special Tools: One set of special tools required to operate, adjust, dismantle, or
repair equipment. Special tools are those not normally found in possession of
mechanics or maintenance personnel.
3.5 SUBSTANTIAL COMPLETION AND FINAL INSPECTION: Submit written
certification that project, or designated portion of project, is substantially complete, and
request in writing a final inspection. The City will make an inspection within 10 days of
receipt of request.
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A. When the City determines that the work is substantially complete, he will prepare a
list of deficiencies to be corrected before final acceptance and issue a Letter of
Substantial Completion.
B. If the City determines that the work is not substantially complete, he will immediately
notify Contractor in writing, stating reasons. After completing work, Contractor shall
resubmit certification and request a new final inspection.
3.6 ACCEPTANCE OF THE WORK: After all deficiencies have been corrected, a Letter of
Acceptance will be issued.
3.7 POST-CONSTRUCTION INSPECTION: Before expiration of warranty period, the City
will inspect the project and notify Contractor in writing of all deficiencies.
END OF SECTION 01700
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SECTION 02050 REMOVAL OF PAVEMENTS AND CONCRETE SLABS
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consists of demolition and removal of
pavements and concrete slabs. The work includes filling and grading.
1.2 QUALITY ASSURANCE: Comply with safety requirements for demolition, ANSI
A10.6-83.
1.3 PROJECT CONDITIONS:
A. Keep dust to a minimum at removal site and on haul roads. Use sprinklers or water
trucks as necessary.
B. Ensure safety of persons in demolition area.
PART 2: PRODUCTS
PART 3: EXECUTION
3.1 PREPARATION: Protect buildings, structures, utilities, concrete/asphalt and vegetation
to remain.
A. Provide Pedestrian and Traffic Control as necessary to ensure safe public
access through the construction / demolition area.
3.2 DEMOLITION:
A. Pavement and Slabs: Scarify or rip bituminous pavement; break up concrete. Saw
cut concrete and asphalt adjacent to new construction. Remove completely.
3.3 DISPOSAL:
A. Dispose of unsuitable and excess material offsite at approved facilities.
B. Salvaged Material: All salvaged material remains the property of the City. Store
where directed by City.
END OF SECTION 02050
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SECTION 02115 CLEARING AND GRUBBING
PART 1 – GENERAL
CLEARING AND GRUBBING shall conform to the provisions of Section 16, “Clearing and
Grubbing”, of Caltrans Standard Specifications and the following special provisions.
Limits of work shall include the proposed street limits included in Appendix B.
Caution:
1. All existing raspberry bush/plants shall be protected during project operations and not cleared
and grubbed.
2. Trees and bushes at adjacent residential fence line/property line shall be protected and not
cleared and grubbed
1.1 SUMMARY
• This Section includes, but is not limited to, the following:
• Protection of existing trees.
• Clearing and grubbing.
• Removing of existing site trash
• Removing of existing site debris
• Removing of existing site wood chips
• Removing of existing Asphalt Concrete debris
B. Related Sections: The following sections are noted as containing requirements that
relate to this Section, but may not be limited to this listing.
1. - Earthwork.
1.2 DESCRIPTION:
A. Provide complete removal of marked trees, shrubs and underbrush as
determined by the City of Saratoga Public Works Department as necessary to
complete project.
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B. Any pruning of trees shall be performed under the supervision of an
International Society of Arboriculture (ISA) Certified Arborist and according
to ISA standards.
C. A preconstruction meeting shall be held with the contractor following prior to
start of work to review tree protection measures.
D. Unless otherwise approved, all construction activities shall be conducted
outside the designated fenced area, including the time after fencing is
removed. Construction activities include, but are not limited to, demolition,
grading, trenching, equipment cleaning, stockpiling and dumping materials
(including soil fill), and equipment/vehicle operation and parking.
E. Any approved grading or trenching beneath tree canopies shall be performed
manually using shovels.
G. City of Saratoga Tree Protection Ordinance: Article 15-50 of the City of
Saratoga’s Municipal Code (i.e., Tree Protection Ordinance) outlaws the
removal, damage, pruning, or encroachment upon any protected tree located
on private or public property without first having obtained a tree removal,
pruning, or encroachment permit from the City. A protected tree is defined as
any of the following:
• Any native tree having a diameter at breast height (dbh) of 6 inches (in) or
greater
• Any other tree having a dbh of 10 in or greater
• Any street tree (i.e., within public street or right-of-way)
• Any heritage tree, defined in Article 15.50.020(l) as “any tree of historic
significance as a tree having historic value related to the heritage of the City
and designated by action of the City Council upon recommendation of the
Heritage Preservation Commission”
3.1 Any tree required to be planted, retained, or replaced under other
provisions of the Municipal Code
1.3 SCHEDULING:
A. Notify Owner’s Representative 48 hours prior to beginning work.
PART 2- PROJECT CONDITIONS
A. Traffic: Conduct site clearing operations to ensure minimum interference with roads, streets,
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walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks
or other occupied or used facilities, unless otherwise noted, without permission from
authorities having jurisdiction.
B. Protection of Existing Improvements: Provide protections necessary to prevent
damage to existing improvements indicated to remain in place.
A. Protect improvements on adjoining properties and on Owner's property.
B. Restore damaged improvements to their original condition, as acceptable to property
owners.
C. Protection of Existing Trees and Vegetation: Protect existing trees and other
vegetation indicated to remain in place on Owner’s property, in street right of way and in
creek right of way, against unnecessary cutting, breaking or skinning of roots, skinning or
bruising of bark, smothering of trees by stockpiling construction materials or excavated
materials within drip line, excess foot or vehicular traffic, or parking of vehicles within drip
line. Provide temporary guards to protect trees and vegetation to be left standing.
A. Water trees and other vegetation to remain within limits of contract work as required
to maintain their health during course of construction operations.
B. Provide protection for roots over 1-1/2 inch diameter that are cut during construction
operations. Coat cut faces with an emulsified asphalt, or other acceptable coating,
formulated for use on damaged plant tissues. Temporarily cover exposed roots with wet
burlap to prevent roots from drying out; cover with earth as soon as possible.
C. Repair or replace trees and vegetation indicated to remain which are damaged by
construction operations, in a manner acceptable to Architect. Employ a licensed arborist to
repair damages to trees and shrubs.
D. Replace trees which cannot be repaired and restored to full-growth status, as
determined by arborist.
PART 3 - PRODUCTS
3.1 MATERIALS:
A. Tree paint: water-proof, asphalt based paint, with anti-septic properties;
R.I.W. Tree Surgery Paint by Toch Bros., New York; Sherwin-Williams
Pruning Compound, or approved equal.
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PART 4 - EXECUTION
4.1 PROTECTION:
A. Provide protection of trees, shrubs, lawn areas, and other features remaining
as part of final landscape.
B. Provide protection to bench marks, existing structure, roads, sidewalks,
paving, utilities and curbs against damage from clearing operations, vehicular
and foot traffic. Re-establish if disturbed.
C. Provide designated temporary roadways, walkways, and detours for vehicular
and pedestrian traffic.
4.2 CLEARING:
A. General: Remove trees, shrubs, grass and other vegetation, improvements, or
obstructions as required to permit installation of new construction. Remove
similar items elsewhere on site or premises as specifically indicated.
"Removal" includes digging out and off-site disposing of stumps and roots or
other material.
1. Cut minor roots and branches of trees indicated to remain in a clean and
careful manner, where such roots and branches obstruct installation of new
construction.
B. Topsoil: Topsoil is defined as friable clay loam surface soil found in a depth
of not less than 4 inches. Satisfactory topsoil is reasonably free of subsoil,
clay lumps, stones, and other objects over 2 inches in diameter, and without
weeds, roots, and other objectionable material.
2.1.1. Strip topsoil to whatever depths encountered in a manner to prevent intermingling
with underlying subsoil or other objectionable material.
2.1.1.1. Remove heavy growths of grass from areas before stripping.
2.1.1.2. Where existing trees are indicated to remain, leave existing topsoil in
place within drip lines to prevent damage to root system.
2.1.2. Stockpile suitable topsoil in storage piles in areas indicated or directed. Construct
storage piles to provide free drainage of surface water. Cover storage piles, if
required, to prevent wind erosion.
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2.1.3. Dispose of unsuitable or excess topsoil same as specified for disposal of waste
material, or use for fill if approved by Engineer or Owner’s Geotechnical Engineer.
C. Provide cleaning of areas as required for access to site excavation and
performance of Work.
D. Cut down marked trees and underbrush within marked areas. Grub out
stumps, roots, and embedded rocks.
E. Clear out undergrowth and deadwood, up to an eight foot height, without
disturbing sub-soil.
F. Do not disturb trees or roots of trees or shrubs which are to remain.
4.3 CLEAN UP:
A. Burning on Owner's Property: Burning is not permitted on Owner's property.
B. Removal from Owner's Property: Remove waste materials and unsuitable or
excess topsoil from Owner's property, except as otherwise noted.
4.4 MEASUREMENT
A. Site clearing and grubbing shall be measured on a lump sum basis.
4.5 PAYMENT
A. The lump sum price paid for site clearing and grubbing shall include
compensation for furnishing all materials, labor, equipment and incidentals for
doing all the work involved in site clearing and grubbing as required in the
Special Provisions, shown on the Plans herein, but excluding any work for which
there is a pay item in the Contract.
END OF SECTION 02115
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SECTION 02200 EARTHWORK
PART 1 - DESCRIPTION
1. This section shall consist of excavating, filling, stockpiling, removing, and satisfactorily
disposing of all materials within the limits of the work required to construct the roadways and
other areas for drainage or other purposes in accordance with these special provisions, and as
specified in Section 19, Earthwork@ of the State of California Department of Transportation
Standard Specifications, latest edition and subsequent addenda, and in conformity with the
dimensions and typical sections shown on the plans and with the lines and grade established by
the Engineer.
PART 2 - MATERIALS
2.1 All suitable material taken from excavation shall be used in the formation of subgrade
and for backfilling as indicated on the plans or as directed by the Engineer.
2.2 CLASSIFICATION All material excavated shall be defined as AUnclassified
Excavation.@
2.3 FILL MATERIAL There are two types of acceptable fill materials.
A. General Fill. All fill material shall be a soil or soil-rock mixture which is free from
organic matter, rubble or other deleterious substances. The fill material shall not
contain rocks or lumps over 6 inches in greatest dimension, and not more than 15
percent larger than 2-1/2 inches.
B. Select Fill. Select fill shall meet the above requirements for general fill and in
addition it shall have a plasticity index no greater than 15.
PART 3 - CONSTRUCTION METHODS
3.1 GENERAL The rough excavation shall be carried to the necessary depth to obtain the
specified depth of subgrade densification shown on the plans. Should the Contractor,
through negligence or other fault, excavate below the designated lines, he shall replace
the excavation with approved materials, in an approved manner and condition, at his own
expense. The Engineer shall have complete control over the excavation, moving, placing,
and disposition of all material and shall determine the suitability of material to be placed
in embankments. All material determined unsuitable shall be disposed of offsite.
Topsoil shall not be used in fills or in subgrades but shall be disposed of offsite.
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The Contractor shall inform and satisfy himself as to the character, quantity, and
distribution of all material to be excavated. No payment will be made for any excavated
material which is used for purposes other than those designated. All
point areas shall be leveled to a uniform line and section and shall present a neat
appearance before project acceptance.
Those areas outside of the pavement areas in which the top layer of soil material becomes
compacted due to hauling or to any other activity of the Contractor, shall be scarified and
diced to a depth of 4 inches, as directed, to loosen and pulverize the soil.
3.2 EXCAVATION Excavation shall be performed as indicated on the contract plans to the
lines, grades, and elevation shown or as directed by the Engineer, and shall be made so
that the requirements for formation of embankments can be followed. No excavation or
stripping shall be started until the Engineer has staked out the proposed work. All
material encountered within the limits indicated shall be removed and disposed of.
During the process of excavation, the grade shall be maintained so that it will be well
drained at all times.
Mulch, peat, matted roots, or other yielding material, unsatisfactory for subgrade
foundation, shall be removed to the depth specified, to provide a satisfactory foundation.
Where roots of adjacent trees are encountered the roots are not to be cut but are to be
protected with layers of wet burlap. Unsatisfactory materials shall be disposed of offsite
at no additional cost. The portion so excavated shall be refilled with suitable selected
material as specified, obtained from the grading operations or borrow area and
thoroughly compacted by rolling. The necessary refilling will constitute a part of the
embankment. Where trenching out is done to provide for a course of pavement, the
depths thus creased shall be ditched at frequent intervals to provide adequate drainage.
Widening or narrowing of the section and raising or lowering of the grade to avoid haul
will not be permitted.
The installation and removal of utilities required to permit the orderly progress of work
will be accomplished by local agencies, unless otherwise shown on the plans. All existing
foundations shall be excavated for at least 2 feet below the top of the subgrade and the
material disposed of as directed. All foundation thus excavated shall be backfilled with
suitable material and compacted.
In cut areas, the subgrade under areas to be paved shall be compacted as specified on the
plan. Material shall be moistened as specified on the plans prior to compaction. Any
unsuitable materials encountered shall be removed from the site at no extra cost in
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accordance with Section 21 of the State of California Department of Transportation
Standard Specifications latest edition and subsequent addenda for Class A@ subgrade.
Stones or rock fragments larger than 4 inches in their greatest dimension will not be
permitted in the top 6 inches of the subgrade.
In cuts, all loose or protruding rocks on the back slopes shall be barred loose or otherwise
removed to line or finished grade of slope. All cut-and-fill slopes shall be uniformly
dressed to the slope, the typical section, and alignment shown on the plans.
Any excess excavation material from common excavation or trench spoil shall be
stockpiled in a neat and uniform manner. Where any old fill materials or soft zones are
exposed by excavation to the subgrade level, they shall be over-excavated and replaced
with compacted fill. The Engineer shall approve the over-excavation before any
additional earthwork is done.
PART 4 - EQUIPMENT
The Contractor may use any type of earthmoving, compaction, and watering equipment
he may desire or has at his disposal, provided the equipment does not damage below
grade structure or existing tree roots, is in a satisfactory condition and is of such capacity
that the construction schedule can be maintained as planned by the Contractor and as
approved by the Engineer in accordance with the calendar days bid for the construction.
The Contractor shall furnish, operate, and maintain such equipment as is necessary to
control uniform density, layers, section, and smoothness of grade.
PART 5 - PREPARATION AND PROTECTION OF THE TOP OF THE SUBGRADE. On
areas to be paved, the specified depth cut areas shall be compacted to the density
specified on the plans. When completed, the surface shall be true to the lines, grades, and
cross sections shown on the plans.
After all drains, structures, ducts, and other underground appurtenances along the edges
or under the pavement have been completed, the subgrade shall be compacted to the
depth specified. Any irregularities or depressions that develop under rolling shall be
corrected by loosening the material at these places and adding, removing, or replacing
material until the surface is smooth and uniform. Any portion of the area which is not
accessible to a roller shall be compacted to the required density by approved mechanical
tampers. The material shall be sprinkled with water during rolling or tamping, when
directed by the Engineer.
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At all times, the top of the subgrade shall be kept in such condition that it will drain
readily and effectively. In handling materials, tools, and equipment, the Contractor shall
protect the subgrade from damage by laying planks when directed and shall take other
precautions as needed. In no case will vehicles be allowed to travel in a single track. If
ruts are formed, the subgrade shall be reshaped and rolled.
PART 6 - TOLERANCES In those areas upon which a sub-base or base course is to be placed,
the top of the subgrade shall be of such smoothness that, when tested with a 16-foot
straightedge applied parallel and at right angles to the centerline, it shall not show any
deviation in excess of 2 inch, or shall not be more than 0.05 foot from true grades
established by grade hubs or pins. Any deviation in excess of these amounts shall be
corrected by loosening, adding or removing materials, and re-compacting by sprinkling
and rolling.
PART 7 - SUBGRADE PREPARATION The subgrade shall be graded and prepared as
specified in Section 21, ASubgrade Preparation@ and the “Special Subgrade
Requirements” shown on the Plans. The “Special Subgrade Requirements” supercede the
City Standard Specifications/Plan Details.
END OF SECTION 02200
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SECTION 02210 -EXCAVATION, EMBANKMENT AND COMPACTION
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Excavating and grading for site, landscaping areas and sidewalks.
B. Construction of all embankments.
C. Compaction of all subgrade.
D. Fine grading.
E. Rolling and all other work necessary for the completion of the subgrade and
slopes.
F. Placement of Bedding Materials.
1.2 RELATED SECTIONS
A. Section 02221: TRENCHING, BEDDING, BACKFILL AND
COMPACTION.
B. Section 02115: CLEARING AND GRUBBING
1.3 REFERENCES
A. American Association of State Highway and Transportation Officials (AASHTO):
AASHTO T-180 Moisture-Density Relations of Soils Using a 10-ln Rammer
and an 18-inch Drop
Standard Specifications, State of California Department of Transportation.
ASTM D 698-91 Laboratory Compaction Characteristics of Soil Using
Standard Effort (12,400 ft-1bf/ft (600kN-m/m)).
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1.4 QUALITY ASSURANCE
A. Codes and Standards: Perform excavation work in compliance with applicable
requirements of authorities having jurisdiction.
1.5 PROJECT CONDITIONS
A. Site Information: Data in subsurface investigation reports was used for the basis
of the design are included in these Contract Documents and are available to the
contractor for information only. Conditions are not intended representations or
warranties of accuracy or continuity between soil borings. The Owner will not be
responsible for interpretations or conclusions drawn from this data by contractor.
B. Existing Utilities: Locate existing underground utilities in areas of excavation
work. If utilities are indicated to remain in place, provide adequate means of
support and protection during earthwork operations.
(1) Should uncharted, or incorrectly charted, piping or other utilities be
encountered during excavation, consult utility owner immediately for
directions. Cooperate with Owner and utility companies in keeping
respective services and facilities in operation. Repair damaged utilities to
satisfaction of utility owner.
(2) Demolish and completely remove from site existing underground utilities
indicated to be removed. Coordinate with utility companies for shutoff of
services if lines are active.
C. Use of Explosives: Use of explosives is not permitted.
D. Protection of Persons and Property: Barricade open excavations occurring as part
of this work and post with warning lights.
1. Operate warning lights as required by authorities having jurisdiction.
2. Protect structures, utilities, sidewalks, pavements, and other facilities from
damage caused by settlement, lateral movement, undermining, washout,
and other hazards created by earthwork operations.
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3. Perform excavation by hand within dripline of large trees to remain.
Protect root systems from damage or dryout to the greatest extent possible.
Maintain moist condition for root systems and cover exposed roots with
moistened burlap.
1.6 DEFINITIONS
A. Unclassified Excavation: Any and all earthen materials encountered, including
rocks and boulders smaller than 0.5 cubic yards, during construction.
B. Embankment Fill: Earthwork consisting of embankments, including preparation
of area upon which they are to be placed, placing and compacting of approved
material, backfill within areas where unsuitable materials have been removed, and
placing and compacting of embankment material in holes, pits and other
depressions to lines and grades shown on Drawings. Embankment Fill shall be
granular, non-expansive material free of trash, debris, rock less than 3” in
diameter, and organics. Prior to placement of the new embankment fill, all
vegetation, organic soils, and highly compressible soils shall be removed. The
Engineer shall review the exposed subgrade prior to the placement of
embankment fill material. The Contractor shall proof roll embankment areas if
requested by the Engineer.
C. Rock Excavation: Rock excavation shall consist of igneous, metamorphic, and
sedimentary rock and boulders exceeding one cubic yard which cannot be
excavated without blasting or the use of rippers equivalent to a Caterpillar D7
with ripper or a Caterpillar 225 track mounted backhoe with “rock teeth”.
D. Borrow: Backfill or embankment material which must be acquired from
designated borrow areas to make up deficient areas which cannot be completed
from excavation within work limits.
E. Proof Rolling: The application of test loads over a subgrade surface by means of a
heavy pneumatic-tired vehicle to locate weak areas in subgrade.
F. Subgrade Stabilization: The placement of stabilization material in areas of over-
excavation, as replacement of unsuitable insitu material, or in areas of high water
table to stabilize the insitu material.
G. Structure Backfill: Earthwork around a buried structure to bring the adjacent
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surface to the design grade, including preparation of the excavation floor and
walls and placing and compacting of approved structure backfill material.
H. Structure Bedding Material: Material as indicated on the construction drawings to
be placed under cast-in-place reinforced concrete structure and other indicated
structures.
I. Pipe Bedding: Bedding material placed in a trench bottom in preparation for
laying a pipe or conduit and shall meet the requirements of Class “B” Bedding as
given in the Standard Specifications for the City of Saratoga.
I. Subsurface Drain: Free draining granular material placed in a trench usually with
a perforated pipe to drain ground water. Subsurface Drain Material is specified in
Section 02410.
J. Imported Structure Backfill: Imported Structural Backfill Material shall be used
when suitable on-site materials are not available. Off-site Structural Backfill
Materials as necessary to supplement available on-site Structure Backfill must be
non-expansive material free of trash, debris and organics and no larger than 3” in
any dimension.
L. Aggregate Base Course shall be placed on prepared subgrade as indicated on the
Construction Drawings. Aggregate base course is specified in Section 02232.
1.7 CARE AND RESTORATION OF PROPERTY
A. On paved surfaces, the Contractor shall not use or operate tractors, bulldozers, or
other power-operated equipment, the treads or wheels of which are so shaped as
to cut or otherwise damage such surfaces.
B. All lawns, irrigation systems, paved surfaces, roadways, and structures which
have been damaged by the contractor’s operations shall be restored to a condition
at least equal to that in which they were found immediately prior to the beginning
of operations.
C. The restoration of existing property or structures shall be completed as promptly
as practicable and shall not be left until the end of the construction period.
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PART 2 - PRODUCTS
2.1 MATERIALS
A. Embankment Fill Material shall classify as GW, GP, SW, SP, GC, GM, SC, or
SM in accordance with the United Soil Classification System. Embankment Fill
Material shall be granular, non-expansive material free of trash, debris, and
organics. Material shall consists of 3” minus material having less than 35%
passing the No. 200 sieve, a liquid limit less than 30 and a plasticity index less
than 15. The onsite sands and gravels are suitable materials. Onsite clays will be
expansive in a compacted condition and are not suitable materials under
sidewalks or structures.
B. Stabilization material shall meet the gradation of “No. 4 Coarse Aggregate” as
specified in Section 703.02 of the California Department of Transportation
CALTRANS Standard Specifications Stabilization Material shall meet the
following gradation requirements.
Percentages Passing
Sieve Size Designated Sieve Sizes
2 inches 100
1.5 inch 90-100
1 inch 20-55
3/4 inch 0-15
3/8 inch 0-5
C. On-site Structure Backfill Material shall consists of suitable materials developed
on the project. To be suitable for use under this classification, backfill shall be
free of frozen lumps, wood, or other organic material, it shall consists of 3” minus
material having less than 35% passing the No. 200 sieve, a liquid limit less than
30 and a plasticity index less than 15. If the material contains rock fragments
that, in the opinion of the Engineer, will be injurious to the structure, the native
material shall not be used and material shall be imported that meets the
requirements for imported structure backfill.
D. Structure Bedding Material shall meet the gradation of No. 4 Coarse Aggregate as
specified by Section 7.03.02 of the CALTRANS Standard Specifications.
E. Imported Structure Backfill shall meet the requirements of Class I Structure
Backfill as specified in Section 703.08 of the CALTRANS Standards
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Specifications. In addition, this material shall have a liquid limit not exceeding
35 and a plasticity index of not over six when determined in conformity with
AASHTO T 89 and T 90, respectively.
IMPORTED STRUCTURE BACKFILL
Sieve Size Percent Passing
2-inch 100
No. 4 30 to 100
No. 50 10 to 60
No. 200 5 to 20
F. Clean sand shall meet the following gradation requirements:
CLEAN SAND
Sieve Size Percent Passing
3/8 inch 100
No. 200 0 to 5
G. Subsurface Drain Material Type 1 shall meet the gradation of No. 4 Coarse
Aggregate as specified by Section 7.03.02 of the CALTRANS Standard
Specifications.
H. Class “B” Pipe Bedding shall be a well-graded crushed stone or slag. When
tested by means of laboratory sieves it shall conform to the following
requirements: (AASHTO M43, No. 67 gradation).
Sieve Size Percent Passing
1 inches 100
3/4 inch 90-100
3/8 inch 20-55
No. 4 0-10
No. 8 0-5
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When crushed gravel or stone is used, at least 50 percent, by weight, of the
particles retained on the No. 4 sieve and above shall have at least two (2)
fractured faces.
PART 3 - EXECUTION
3.1 PREPARATION
A. Protect subgrade against freezing temperatures or frost. Provide protective
insulating materials as necessary.
B. Provide erosion control measures to prevent erosion or displacement of soil and
discharge of soil-bearing water runoff or airborne dust to adjacent properties and
walkways. See Section 02400.
C. Prior to placement of new embankment fill, structure backfill, or bedding material
all vegetation, organic soils, and highly compressible soils shall be removed. The
Engineer shall review the exposed subgrade prior to placement of new
embankment fill, structure backfill or bedding material.
D. Prior to placing embankment fill, the area shall be proof rolled to ensure the
subgrade has been properly prepared. Any soft spots detected shall be removed to
1.0’ below subgrade and stabilized with Embankment Fill Material at no extra
cost. If stabilization deeper that 1.0’ is required and in areas of high water table,
refer to subgrade stabilization below.
3.2 EXCAVATION, EMBANKMENT, AND COMPACTION
A. Prior to placing embankment fill, the area shall be proof rolled to ensure the
subgrade has been properly prepared. Any soft spots detected shall be removed
and stabilized.
B. Excavation operation, the forming of embankment, excess material stockpiles and
the shaping of the subgrade, walkways and side slopes shall be in accordance with
methods herein specified.
C. When grading occurs around existing trees, the Contractor shall stay 1 foot per
caliper inch away from the tree.
D. In excavation operations, and in the formation of embankments, operations shall
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be so conducted as to provide positive drainage at all times subject to the
provisions in the Drawings and Specifications regarding erosion control measures.
E. The Contractor shall satisfy himself of the character of the material to be moved.
Rock, if encountered, shall be excavated to a depth of six (6) inches below
subgrade, and backfilled with embankment material. When rock excavation is
encountered as defined in Part 1 of this specification, the Contractor shall notify
the Engineer for field verification.
F. Embankment fill material and structure backfill shall be excess cut material from
the site excavation or imported material The material shall be placed in
successive horizontal layers not exceeding eight (8) inches in depth (loose
measurement) and shall be compacted with suitable compactors to not less than
the following percentages of the maximum dry density as determined in
accordance with ASTM D 698:
COMPACTION SPECIFICATION TABLE
Location Cohesive Soils
% Max Dry Density
Non-cohesive Soils
% Max Rel. Density
Scarified subgrade
under an embankment,
fill under roads and
drainage channels
95% 75%
Embankment under
structures
100% 80%
All Other Areas 90% 70%
G. During compaction, the moisture content of the embankment material shall be
controlled to within plus or minus 2 percent of the optimum moisture content
determined in accordance with ASTM D 698. For compaction of the
embankment material, the contractor shall provide kneading rollers, vibratory
sheepsfoot rollers, rubbertired rollers, vibratory rollers or whatever other type of
compaction equipment is necessary to achieve the compaction requirements
indicated above. The Contractor is advised that drying of the excavated material
may require spreading, disking, or other material may require spreading, disking,
or other material handling and rehandling procedures. Whenever the
embankment material is either wetted or dried to adjust its moisture content, the
material should be tilled or otherwise thoroughly mixed so that the moisture
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content is uniformly distributed within each layer of soil placed. Mobilizing
different types of compaction equipment as required and handling the
embankment material to adjust its moisture content will not be basis for any
additional compensation to the Contractor beyond the unit prices bid for
applicable work items.
H. When embankment is to be superimposed upon undisturbed (natural) soil, the
surface shall be scarified to a depth of six (6) inches and compacted to 100% of
the maximum dry density as determined in accordance with ASTM D 698. The
moisture content of the scarified material shall be adjusted as required to achieve
the required compaction. In cut areas, the upper 6 inches shall be scarified and re-
compacted to 100% of the maximum dry density as determined in accordance
with ASTM D 698.
I. No frozen material shall be placed in embankments, and any material which
freezes after being placed in embankment shall not be covered over until it has
thawed out and been re-compacted, if necessary, or removed.
J. Excavated areas shall be watered by the contractor as required to prevent the
propagation of dust.
K. After completion of embankment construction, topsoil shall be spread in the areas
shown on the Drawings and seed, sod or plantings placed in areas designated on
the construction drawings.
L. All cast-in-place concrete structures, and retaining walls shall be bedded with
structure bedding a minimum of 12” deep under the structure, or as otherwise
detailed on the Construction Drawings.
8.3 SUBGRADE STABILIZATION
A. When excessively soft or yielding material is discovered in excess of one foot
deep below the subgrade, the Contractor shall notify the Engineer. Upon
verification of the unsuitable material, the Engineer may approve excavation and
removal of the material and replacement with Stabilization Material. If the soft or
yielding materials was caused by the Contractor’s operations, no extra payment
will be made.
B. When a high water table is discovered, the Contractor shall notify the Engineer.
Upon verification of the high water table, the Engineer may approve over
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excavation and backfill with Stabilization Material. Subgrade stabilization will
not be approved as a substitute for proper dewatering. Should the Contractor over
excavate below or outside the cut limits shown on the drawings, he shall at this
own expense backfill the excavation to the proposed subgrade. For this backfill in
dry conditions, Embankment Fill Material compacted in accordance with the
Compaction Specification Table may be used. In wet conditions, Stabilization
Material may be required by the Engineer.
3.4 ACCEPTANCE REQUIREMENTS
A. TOLERANCES
1. Finished surfaces shall be fine graded so they are free-draining and shall
be within an allowable tolerance of plus or minus 0.10 foot from the
grades shown on the Drawings, minus the thickness of surface course
materials or replaced topsoil layer.
2. Regardless of the specified tolerance, all grading and compaction shall be
performed in such a manner that finished surfaces are in uniform planes
with no abrupt breaks in the surface and the ground is free-draining.
B. COMPACTION
1. All fill material shall be placed to the dry densities listed in the
Compaction Specification Table as a minimum.
3.5 EROSION CONTROL
A. Provide erosion control methods in accordance with the Construction Drawings
and Section 02400.
3.6 MAINTENANCE
A. Protection of Graded Areas: Protect newly graded areas from traffic and erosion.
Keep free of trash and debris.
B. Repair and reestablish grades in settled, eroded, and rutted areas to specified
tolerances.
C. Reconditioning Compacted Areas: Where completed compacted areas are
disturbed by subsequent construction operations or adverse weather, scarify surface,
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reshape, and compact to required density prior to further construction.
D. Settling: Where settling is measurable or observable at excavated areas, remove
surface (pavement, lawn, or other finish), add backfill material, compact, and
replace surface treatment. Restore appearance, quality, and surface treatment.
Restore appearance, quality, and condition of surface or finish to match adjacent
work, and eliminate evidence of restoration to greatest extent possible.
3.7 DISPOSAL OF EXCESS AND WASTE MATERIALS
A. Removal from Owner’s Property: Remove waste materials, including
unacceptable excavated material, trash, and debris, and dispose of it off Owner’s
property.
END OF SECTION 02210
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SECTION 02232 AGGREGATE BASE COURSE
PART 1 - GENERAL
1.1 DESCRIPTION:
Provide granular base beneath paving.
1.2 RELATED WORK SPECIFIED ELSEWHERE:
A. Earthwork - Section 02200.
B. Asphaltic Paving - Section 02511.
C. Walks - Section 02515.
D. Cast-in-place Concrete - Section 03300.
1.3 COORDINATION:
Coordinate sub-grade preparation with earthwork and utility trades.
PART 2 - PRODUCTS
2.1 GRANULAR BASE MATERIAL:
Aggregate base shall conform to the requirements of Section 26 of the State
Standard Specifications and the City Standard Specifications. Recycle rock
will not be accepted.
PART 3 - EXECUTION
3.1 SUBGRADE PREPARATION:
A. General: Complete the grading operations and prepare the subgrade for
paving. The subgrade is defined as that portion of the road bed upon which
the granular base is to be placed. Finish the subgrade to lines, grades and
sections shown on the drawings. Remove and replace soft, yielding material,
clods or other material with suitable materials. Scarify the upper six inches
in both cuts and fills and compact to a uniform density, as determined in
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accordance with "Compaction Ratio Method, for Selection of Density and
Soils and Base Materials in Place."
B. Compaction: Compact the top 6" subgrade to meet the following density
requirements:
Soils Plasticity Density Required
Index Optimum Moisture
20 or more 90%
20 or less 95%
C. Rock Subgrade: Loosen encountered rock to a depth of twelve inches below
the required subgrade elevation and replace with suitable materials from the
excavation. Compact to the density specified above.
D. Maintaining Density: Do not allow the finished subgrade to be disturbed by
traffic or other operations. Recompact the subgrade in the manner specified
above when the subgrade becomes softened by rain or frost action, or other
cause to the extent that it does not have the specified density and moisture
content at the time of placement of the next course.
3.2 BASE MATERIAL:
A. General: Install base course in maximum six inch lifts.
3.3 COMPACTION:
"Density Control" method of compaction is to be used, and the following provision
shall apply:
A. Density: Compact the base at not less than optimum moisture to provide a
density of not less than 95% of standard proctor.
B. Grade Surfaces: Smooth to within plus/minus 0.10 feet established base
course elevations. Maintain in smooth compacted condition until final
surface is placed.
END OF SECTION 02232
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SECTION 02510 WEDGE GRIND/CUT
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consists of wedge grinding/cut.
PART 2: EXECUTION
2.1 Wedge grid/cut existing pavement to a minimum of 0.17’ (FT) at lip of gutter, face of
curb or AC conforms.
2.2 The wedge grind/cut width at lip of gutter or face of curb shall be a minimum of 6 feet
and a minimum of 16 feet wide for AC conforms.
2.3 At edge of pavement where new AC Dike will be placed, wedge grid/cut will not be
required unless indicated in the Drawings.
2.4 Provide Pedestrian and Traffic Control as necessary to ensure safe public access through
the wedge grind/cut area. Contractor to provide barricades with attached “UNEVEN
PAVEMENT SURFACE” signs throughout the wedge grind/cut limits.
2.5 DISPOSAL: Disposed of unsuitable and excess material offsite at approved facilities.
END OF SECTION 02510
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SECTION 02511 HOT-MIXED ASPHALT PAVING
CALTRANS TYPE B ASPHALT CONCRETE
1. Reference to asphalt concrete in this document shall be of Type B Medium, 1/2 inch
maximum aggregate size, medium graded, per Section 39 of the Caltrans Standard
Specifications for Construction of Local Streets and Roads, May 2006 Edition.
2. Reference to Repaired Failed Street Section (RFSS) in this document shall be of Type B
Medium, 3/4 inch maximum aggregate size, medium graded, per Section 39 of the
Caltrans Standard Specifications for Construction of Local Streets and Roads, May 2006
Edition.
3. Paver: Shall have a sonar sensor with a paving leveling ski.
4. Recycle Asphalt Product (RAP) will not be accepted (virgin mix only).
5. One cold joint shall be allowed on residential streets. Cold Joint shall be centerline of
roadway
PART 1 - GENERAL
1.1 RELATE D DOCUMENTS
i) Drawings and general provisions of Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
i) This Section includes provisions for hot-mixed asphalt paving and base over prepared
subbase and all work specified herein, and as shown on the drawings.
B. Related Sections: The following sections are noted as containing requirements that
relate to this Section, but may not be limited to this listing:
1. Division 2 - Site Clearing, and Earthwork
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1.3 SUBMITTALS
i) General: Submit the following in accordance with Conditions of Contract and
Division 1 Specification Sections.
ii) Material Certificates signed by material producer and Contractor, certifying that each
material item complies with or exceeds specified requirements.
1.4 QUALITY ASSURANCE
A. Codes and Standards: Comply with State of California, Department of Transportation,
Caltrans Standard Specification (latest edition), and with local regulations if more
stringent than herein specified.
1.5 SITE CONDITIONS
A. Weather Limitations: Apply prime and tack coats when ambient temperature is above
50 deg F (10 deg C) and when temperature has not been below 35 deg F (1 deg C) for
12 hours immediately prior to application. Do not apply when base is wet or contains
an excess of moisture.
B. Construct hot-mixed asphalt surface course when atmospheric temperature is above 40
deg F (4 deg C) and when base is dry. Base course may be placed when air
temperature is above 30 deg F (minus 1 deg C) and rising.
iii) Grade Control: Establish and maintain required lines and elevations.
PART 2 – PRODUCTS
2.1 MATERIALS
A. General: Use locally available materials and gradations that exhibit a satisfactory
record of previous installations.
B. Base Coarse Aggregate: Sound, angular crushed stone, crushed gravel, or crushed
slag, sand, stone, or slag screenings. Comply with Caltrans Standard Specification,
Section 26 for Class 2 base.
C. Herbicide Material: Commercial chemical for weed control, registered by
Environmental Protection Agency Provide granular, liquid, or wettable powder form.
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D. Available Manufacturers: Subject to compliance with requirements, manufacturers
offering products that may be incorporated in the work include, but are not limited to,
the following:
1. Ciba-Geigy Corp.
2. Dow Chemical U.S.A.
3. E.I. Du Pont de Nemours & Co., Inc.
4. FMC Corp.
5. Thompson-Hayward Chemical Co.
6. U.S. Borax and Chemical Corp.
E. Prime Coat: Cutback asphalt type AASHTO M82 (ASTM D2027) SC-3, SC-70, or
SC-250.
F. Tack Coat: Emulsified asphalt, AASHTO M140 (ASTM D 997) or AASHTO M208
(ASTM D2397) SS-1, SS-1h, CSS-1, or CSS-1h, diluted with one part water to one
part emulsified asphalt.
G. Surface Course Aggregate: Crushed stone, crushed gravel, crushed slag and sharp
edged natural sand.
H. Asphalt Cement: Conform to AASHTO M226 (ASTM D3381) and to Caltrans
Standard Specification, Section 39; provide viscosity grade AR-8000.
K. Header Boards: "Foundation Grade” (Selected from Construction Heart) Redwood as
specified in Paragraph 316 "Standard Specifications for Grades of California Redwood
Lumber", November 1970 Edition.
L. Pavement Stripes and Pavement Markings: Paint Type, per Section 84 of the Caltrans
Standard Specifications for Construction of Local Streets and Roads, May 2006
Edition
M. Pavement Markers: per Section 85 of the Caltrans Standard Specifications for
Construction of Local Streets and Roads, May 2006 Edition
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2.2 ASPHALT-AGGREGATE MIXTURE
A. Asphalt concrete pavement sections 3 inches thick or less shall be installed in single
lift.
B. Asphalt concrete pavement sections greater than 3 inches thick shall be installed in
two (2) lifts in conformity with Caltrans' Standard Specifications, Section 39:
1. Base Lift: 1-1/2" minimum, Type "B" asphalt concrete, 3/4" maximum
aggregate size, medium graded.
2. Top Lift: 1-1/2" minimum, Type "B" asphalt concrete, 3/4" maximum
aggregate size, medium graded.
C. Asphalt Concrete Dike: Type A asphalt concrete, 3/8", and maximum aggregate size.
PART 3 - EXECUTION
a) SURFACE PREPARATION
A. Remove loose material from compacted subbase surface immediately before applying
weed control agent.
B. Proof-roll prepared subbase surface to check for unstable areas and areas requiring
additional compaction.
C. Notify Contractor of unsatisfactory conditions. Do not begin paving work until
deficient subbase areas have been corrected and are ready to receive paving.
D. Base Course: Place and compact aggregate base course to thicknesses required for
each section. Compact base course to 95% minimum relative compaction. Comply
with requirements of Standard Specification, Chapter 26.
E. Herbicide Treatment: Apply chemical weed control agent in strict compliance with
manufacturer's recommended dosages and application instructions. Apply to
compacted, dry subbase prior to placement of base course. Extreme care shall be
exercised during application that no weed killer is applied to area(s) not to be paved.
F. Prime Coat: Apply at rate of 0.20 to 0.50 gal. per sq. yd., over compacted subgrade.
Apply material to penetrate and seal, but not flood, surface. Cure and dry as long as
necessary to attain penetration and evaporation of volatile.
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G. Tack Coat: Apply to contact surfaces of previously constructed asphalt or Portland
cement concrete and surfaces abutting or projecting into hot-mixed asphalt pavement.
Distribute at rate of 0.05 to 0.15 gal. per sq. yd. of surface.
H. Allow to dry until at proper condition to receive paving.
I. Exercise care in applying bituminous materials to avoid smearing of adjoining
concrete surfaces. Remove and clean damaged surfaces.
J. Installation of Header Boards: Install header boards at all pavement edges not bound
by concrete curbs. Provide header boards of size and thickness detailed or noted on
the drawings, if no size is indicated; provide 2x4 header boards. Set header board true
to lines and grades, staked as detailed. Construct curves with nailed up laminations to
required thickness. All butt joints, back joint both sides with 1"x3"x12" strips, nailed
through and clinched.
K. Existing Asphaltic Concrete Paving:
1. Repair damage caused by construction operations and restore to condition prior
to construction.
2. Restoration may be accomplished by patching defects, resurfacing, completely
replacing, or combination of these measures, but measure taken shall be
adequate for work of restoration required and shall be subject to the Engineer's
approval.
L. Seal Coat: Apply fog seal coat, and when indicated on the drawings, a slurry seal, in
accordance with CSS Section 37 to all existing and new asphaltic concrete paving.
1. Mask adjoining surfaces and areas, including curb faces, and take all other
necessary precautions as required to prevent over-spray and splatter of the seal
coat material on the adjacent surfaces or areas. In the event the precautions
taken are not adequate, clean all traces of over-spray and splatter form all
surfaces to the satisfaction of the Engineer.
b) PLACING MIX
i) General: Place hot-mixed asphalt mixture on prepared surface, spread, and strike off.
Spread mixture at minimum temperature of 225 deg F (107 deg C). Place areas
inaccessible to equipment by hand. Place each course to required grade, cross-section,
and compacted thickness.
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ii) Paver: Shall have a sonar sensor with a paving leveling ski.
iii) Paver Placing: Asphalt pavers shall be self-propelled mechanical spreading and
finishing equipment, provided with a screed or strike-off assembly capable of
distributing the material to no less than the full width of traffic lane, unless otherwise
acceptable to Engineer. After first strip has been placed and rolled, place succeeding
strips and extend rolling to overlap previous strips. Complete base course for a section
before placing surface course.
iv) Immediately correct surface irregularities in finish course behind paver. Remove
excess material forming high spots with shovel or lute.
v) Joints: Make joints between old and new pavements, or between successive days'
work, to ensure continuous bond between adjoining work. Construct joints to have
same texture, density, and smoothness as other sections of hot-mixed asphalt course.
Clean contact surfaces and apply tack coat.
vi) Curbs: Construct curbs over compacted pavement surfaces. Apply a light tack coat
unless pavement surface is still tacky and free from dust.
vii) Place curb materials to cross-section indicated or, if not indicated, to local standard
shapes, by machine or by hand in wood or metal forms. Tamp hand-placed materials
and screed to smooth finish. Remove forms as soon as material has cooled.
c) ROLLING
i) General: Begin rolling when mixture will bear roller weight without excessive
displacement.
ii) Compact mixture with hot hand tampers or vibrating plate compactors in areas
inaccessible to rollers.
iii) Breakdown Rolling: Accomplish breakdown or initial rolling immediately following
rolling of joints and outside edge. Check surface after breakdown rolling and repair
displaced areas by loosening and filling, if required, with hot material.
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iv) Second Rolling: Follow breakdown rolling as soon as possible, while mixture is hot.
Continue second rolling until mixture has been evenly compacted.
v) Finish Rolling: Perform finish rolling while mixture is still warm enough for removal
of roller marks. Continue rolling until roller marks are eliminated and course has
attained 96 percent laboratory maximum compacted density.
vi) Patching: Remove and replace paving areas mixed with foreign materials and
defective areas. Cut out such areas and fill with fresh, hot-mixed asphalt. Compact by
rolling to specified surface density and smoothness.
vii) Protection: After final rolling, do not permit vehicular traffic on pavement until it has
cooled and hardened.
viii) Erect barricades to protect paving from traffic until mixture has cooled enough not to
become marked.
3.4 DIKES
A. Asphalt dikes shall be placed on newly laid asphalt pavement free from dust.
B. Dikes shall be shaped and compacted with an extrusion machine or other equipment
capable of shaping and compacting the material to the required cross section.
3.5 TRAFFIC, PARKING STALL AND LANE MARKINGS
A. Cleaning: Sweep and clean surface to eliminate loose material and dust.
B. Remove existing parking stall painting by sand blasting.
C. Striping: Paint Type, per Section 84 of the Caltrans Standard Specifications for
Construction of Local Streets and Roads, May 2006 Edition
D. Do not apply traffic and lane marking paint until layout and placement have been
verified with Engineer.
E. Apply paint with mechanical equipment to produce uniform straight edges. Apply at
manufacturer's recommended rates to provide minimum 12 to 15 mils dry thickness.
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Use white color for normal striping, unless otherwise noted. Use blue color at
handicap facilities.
3.6 WHEEL STOPS
A. General: Secure wheel stops to hot-mixed asphalt surface with not less than two
3/4-inch-diameter galvanized steel dowels embedded in precast concrete at 1/3 points.
3.7 FIELD QUALITY CONTROL
A. General: Testing in-place hot-mixed asphalt courses for compliance with
requirements for thickness and surface smoothness may be done by City's testing
laboratory. Repair or remove and replace unacceptable paving as directed by
Engineer.
B. Thickness: In-place compacted thickness tested in accordance with ASTM D 3549
will not be acceptable if exceeding following allowable variations:
(1) Total Asphalt Concrete Section: Plus or minus 1/4 inch.
C. Surface Smoothness: Test finished surface of each hot-mixed asphalt course for
smoothness, using 10-foot straightedge applied parallel with and at right angles to
centerline of paved area. Surfaces will not be acceptable if exceeding the following
tolerances for smoothness:
1. Base Course Surface: 1/4 inch.
(2) Wearing Course Surface: 3/16 inch.
D. Check surface areas at intervals as directed by Engineer.
E. Drainage: After completion of paving work, all paving shall be flooded with water,
and any resulting "ponds" shall be ringed with chalk. Such hollows shall be corrected
with addition of asphalt concrete and rerolling until paving is completely level and
free from hollows and high spots.
END OF SECTION 02511
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SECTION 02515 WALKS, CURBS, RAMPS AND GUTTERS
PART 1: - GENERAL
1.1 DESCRIPTION: The work of this section consists of constructing walks, curbs,
ramps and gutters. Class B Portland Cement Concrete (5 sack mix with 1 pint lampblack
/cubic yard.
Constructing walks, curbs, ramps and gutters shall conform to the conform to provisions of
Section 73 from Caltrans Standard Specifications May 2006
Ramps shall be Caltrans 2006 Case “A” and “G” Ramp. The width of the ramp shall be eight
(4) feet wide with raised truncated dome pattern (in line) detectable warning surface. The
color shall be armor title dark grey federal color No. 36118
1.2 ALTERNATE CONSTRUCTION METHODS: Concrete slabs for walks shall be
formed, placed, vibrated, and finished by hand using conventional methods. Concrete
curbs or curbs and gutters may be constructed in the same manner, but Contractor has the
option of machine placing curbs using the extrusion method or machine placing curb and
gutter using the slip-form method.
1.3 QUALITY ASSURANCE:
A. Contractor / Subcontractor performing concrete work for this section shall have a
minimum of five years experience.
B. Construct a five foot (5’) square sample of gray sidewalk paving, and a ten foot (10’)
long section of curb and gutter, to show surface texture, joints, and general
appearance of acceptable work will be required. No work shall be performed until
the sample has been approved and becomes the standard of comparison for
acceptability of all work. The sample may be part of the work required to be placed
for the project.
C. Construct a five foot (5’) square concrete sample for each color of colored concrete
work, to show surface texture, color, and general appearance of acceptable work. No
work shall be performed until the sample has been approved and becomes the
standard of comparison for acceptability of all work. The sample will be used by the
Owner to ensure all colored concrete work is a consistent color. Colored concrete
work which the Owner feels deviates from the approved sample shall be removed
and replaced at no additional cost to the Owner.
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1.4 SUBMITTALS: As specified in Section 01300.
A. Furnish statement of composition of concrete mix and evidence that mix meets
specified quality.
B. Samples of color additive material and mix design
A. Description of machines proposed for concrete extruding or slip-forming.
B. Product Literature for Curing Agents
C. Product literature for Standard and Colored Concrete elastomeric sealants
D. Removable Plastic Expansion Joint Cap Strip
1.5 PROJECT CONDITIONS: Place concrete only when temperatures are above 35 degrees
F, unless it is protected from freezing in accordance with ACI Cold Weather concrete
provisions.
1.6 RELATED SPECIFICATIONS:
• Section 03100 - Concrete Formwork
• Section 03200 - Concrete Reinforcement
• Section 03300 - Cast-In-Place Concrete
• Section 03354 – Integral Colored Concrete
PART 2: - PRODUCTS:
2.1 STRUCTURAL FILL: As specified in Section 02210-Excavation, Embankment,
and Compaction.
2.2 CONCRETE: As specified in Division 03300.
2.3 COLORED CONCRETE: Davis Colors, or approved equal
2.4 CONCRETE REINFORCEMENT: As specified in Division 03200
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2.5 EXPANSION DOWELS: Smooth steel dowels conforming to AASHTO M 183 with
gage metal sleeves. Size, number and spacing shall be as specified in the contract
drawings.
2.6 REMOVABLE PLASTIC EXPANSION JOINT CAPS: Pre-molded plastic 1/2”
expansion joint material ½” Dia plastic cap conforming AASHTO M 213.
2.7 EXPANSION JOINT MATERIAL: Asphalt Impregnated Cellulose Fiber, ASTM-D1751;
2.8 EXPANSION JOINT SEALANTS: Sonneborn NP 2 or approved equal
2.9 CURING COMPOUND: ASTM C309-81, Type 1 for Gray Concrete and Manufacture’s
Approved Colored Curing Compound for Colored Concrete Work;
2.10 CURING MATERIAL: Waterproof paper, polyethylene sheet, clean burlap, cotton mats,
or other approved material, free of substances that may cause stain or discoloration.
PART 3: - EXECUTION
3.1 SAWCUTTING: All concrete removal shall be to a saw joint unless it can be
demonstrated that an existing joint is of such character that removal can be accomplished
to a neat line. Sawcutting shall be at a depth equal to at least 1/2 the depth of the
concrete. In no case shall a piece of concrete curb and gutter or crosspan be left which is
closer than five feet to the nearest control joint.
3.2 PREPARATION OF SUBGRADE:
A. Excavate to required depth and to a width equal to the width of the concrete to be
placed plus one foot (1’) beyond the outer edge of the concrete to be placed.
B. In fill areas, the material shall be placed for the full width of the concrete to be
placed plus two feet (2’) beyond the outer edge of the concrete to be placed and
shall slope to the existing ground on a two-to-one (2:1) slope, or as specified on
the contract drawings.
C. Place a minimum of six inches of Class VI roadbase material under all concrete
sidewalks.
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of not less than 95 percent of the maximum density as determined by AASHTO
T99-81,Method D.
E. If tree roots are encountered in the areas to receive concrete, the root shall be
cut a distance of 12” behind the area to be replaced. Prior to cutting the tree
root,
3.3 MAINTENANCE OF SUBGRADE: Maintain subgrade in a compacted condition until
concrete is placed.
3.4 FORMS: As specified in Division 03100 and the following:
A. Metal or uniform warp-free lumber of a height not less than the designed depth of
the adjacent concrete, coated with form release agent.
B. Stake securely, and grade forms to ensure straight, plumb alignments. Flexible
forms shall be used on all curves having a radii of less than 200 feet. Staking
shall have no less than three (3) staking points per ten (10) feet of length with
means for locking the form to the stake
C. Forms with greater height than the thickness of the concrete specified may be
used if the upper edge is set accurately to line and grade and the subgrade is
excavated to meet the bottom edge of the forms in a slope not steeper than one
inch (1) vertical to four (4)inches horizontal. The extra cost for the concrete shall
be furnished at no additional cost to the City.
D. Under no condition shall the forms be blocked up with stones, broken concrete,
wood or similar materials
E. Obtain approval of alignment and grade before placing concrete.
3.6 PLACING: Place concrete on moistened subgrade monolithically between construction
joints. Deposit to full depth in one operation. Consolidate immediately. After
depositing concrete, screed and darby or bullfloat.
SLAB FINISHING: After darbying or bullfloating, stop finishing until bleeding has ceased and
until concrete can contain foot pressure with only about 1/4-inch indentation. Edge and
joint, then float the slab. After floating, use steel trowel to density surface, then broom
slab perpendicular to line of traffic.
CURING/WEATHER PROTECTION:
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The Contractor shall apply curing compound immediately after finishing the concrete
surface.
Curing compound shall be applied at the rate as recommended by the manufacturer.
The Contractor shall provide for weather protection on the concrete per the requirements
of the ACI Cold weather concrete practice manual.
Any concrete surface deformation or discoloration’s caused by weather protection
equipment shall be removed and replaced by the Contractor at no additional cost
to the Owner.
3.9 JOINTS: Construct all joints true to line with faces perpendicular to surface.
A. Isolation Joints: Separate walks from walls, curbs, stairways, and other
structures, using expansion joint fillers.
B. Contraction (Control) Joints: Space walk joints at intervals depicted in the
contract drawings. If the joint spacing is not specified, sidewalk joints shall be
spaced about equal to width of the walks, and space curb and gutter joints not
over 12 feet 6 inches on center, and align them with sidewalk joints. Contraction
joints may be either sawed or tooled.
1. Sawed: Cut with a power saw fitted with an abrasive or diamond blade, to
a depth of one-fourth the walk depth, and the entire width of the slab,
within 4 to 12 hours after walk has been placed and finished.
2. Tooled: Form plane of weakness by inserting and later removing a metal
divider, or by cutting one quarter to one third depth with a suitable tool
when concrete is plastic. Finish all grooves with and edge or a groover.
C. Expansion Joints: Construct joints as specified in the contract drawings or as
follows:
1. Place expansion joint material to the full width and depth of the walk,
driveway, or curb and gutter, as indicated on the Contract drawings or at
least once every fifty feet (50’) or as directed by the City.
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2. Expansion joints shall be placed between an attached sidewalk and the
curb and gutter; where the walk is in a confined area such as between a
retaining or foundation wall; between concrete sidewalks and any fixed
structure; and any special condition as specified by the City
3. If joint spacing for the curb and gutter is not specified in the contract
drawings, space walk joints at intervals about equal to width or walk.
Space curb and gutter joints not over 12 feet 6 inches on center, and align
them with sidewalk joints.
4. All expansion joints in concrete sidewalks and curb and gutter shall have
expansion dowels. Dowels shall be smooth, ¾” diameter X 12” long, with
approved metal expansion caps. Dowels shall be placed at 2’-0” on center
unless otherwise depicted in the contract documents.
5. After concrete has cured, all expansion joints shall be caulked and sealed
in accordance with the manufacture’s recommendations. Properly protect
sealed joints until the product is cured.
3.9 FORM REMOVAL: Remove forms within 24 hours after concrete placement. Repair
minor defects with mortar. Plastering will not be permitted on exposed faces.
3.10 FIELD QUALITY CONTROL:
A. Horizontal Surfaces shall not vary more than 1/8 inch when tested with a 10-foot
straight edge.
B. Vertical faces shall not vary more than ¼ inch when tested with a 10’ straight
edge.
C. All tooled joints and edges shall be straight and clean.
D. Colored concrete work shall be compared to the sample panel to ensure proper
color.
E. Expansion joint sealants shall be uniformly applied without surface defects such
as bubbles or jagged edges.
F. The Contractor shall provide barricades for wet concrete work to prevent public
or other construction equipment from damaging the uncured surface.
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3.11 CONCRETE TESTS: Contractor shall notify the City 24 hours prior to placement to
schedule testing. Any failed tests shall be paid for by the Contractor in accordance to
ARTICLE 2B - Special Requirements.
3.12 CONCRETE MARKING: All new concrete shall have the name of the contractor and
the year of construction (only) impressed therein using block letters not less than one inch
(1”) height and one quarter inch (1/4”) deep. One impression shall be made at each end
of the concrete pour and at intervals of not more than fifty feet (50’).
3.13 CLEAN-UP: Upon completion of the work, remove all debris, concrete splatter, and
excess materials and leave area in a neat, clean, acceptable condition.
END OF SECTION 02515
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SECTION 03100 CONCRETE FORMWORK
PART 1 - GENERAL
1.1 DESCRIPTION
A. This section shall apply to all concrete formwork for the project.
1.2 SECTION INCLUDES
A. Formwork for cast-in-place concrete, with shoring, bracing and anchorage.
B. Openings for other affected work.
C. Form accessories.
D. Stripping forms.
1.3 RELATED SECTIONS
A. Section 02515 WALKS, CURBS, AND GUTTERS
B. Section 03200 CONCRETE REINFORCEMENT
C. Section 03300 CAST-IN-PLACE CONCRETE
1.4 REFERENCES
A. ACI 301 Specifications for Structural Concrete for Buildings.
B. ACI 347 Recommended Practice for Concrete Formwork.
C. ACI 306R Cold Weather Concreting
D. PS 1 Construction and Industrial Plywood.
1.5 SYSTEM DESCRIPTION
A. Design, engineer and construct framework, shoring, and bracing to meet design
and code requirements, so that resultant concrete conforms to required shapes,
lines and dimensions.
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1.6 QUALITY ASSURANCE
A. Construct and erect concrete formwork in accordance with ACI 301 and 347.
1.7 SUBMITTALS
A. As specified in Section 01300
PART 2 - PRODUCTS
2.1 FORM MATERIALS
A. Plywood: PS-1, HDO grade, Class I.
B. Glass Fiber Fabric Reinforced Plastic Forms: Matched tight fitting, stiffened to
support weight of concrete without deflection detrimental to structural tolerances
and appearance of finished concrete surface.
C. High Density Masonite Forms: Matched tight fitting, stiffened to support weight
of concrete without deflection detrimental to structural tolerances and appearance
of finished concrete surface.
2.2 FORMWORK ACCESSORIES
A. Form Ties: Snap-off metal of fixed length; one-inch break back dimension, free of
defects that will leave holes no larger than one-inch diameter in concrete surface.
B. Form Release Agent: Colorless material which will not stain concrete or absorb
moisture, or impair natural bonding or color characteristics of coating intended for
use on concrete.
C. Fillets for Chamfered Corners: Wood strips or Rigid plastic type; 3/4 x 3/4 inch
size unless noted otherwise; maximum possible lengths.
D. Nails, Spikes, Lag Bolts, Through Bolts, Anchorages: Sized as required, of
strength and character to maintain formwork in place while placing concrete.
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PART 3 - EXECUTION
3.1 INSPECTION
A. Verify lines, levels and measurements before proceeding with formwork.
3.2 PREPARATION
A. Earth forms not permitted except as depicted on the drawings for below grade
cutoff walls.
B. Minimize form joints. Symmetrically align joints and make watertight to prevent
leakage of mortar.
C. Arrange and assemble formwork to permit stripping, so that concrete is not
damaged during its removal.
Arrange forms to allow stripping without removal of principal shores, where required to
remain in place.
3.3 ERECTION
A. Provide bracing to ensure stability of formwork. Strengthen formwork liable to
be overstressed by construction loads.
B. Construct formwork to maintain tolerances in accordance with ACI 301
C. Provide 3/4-inch chamfer strips at all exposed edges and as shown on Drawings.
D. Areas of formwork requiring horizontal curvature shall have chord dimensions no
greater than 2 feet.
3.4 APPLICATION OF FORM RELEASE AGENT
A. Apply form release agent on formwork in accordance with manufacturer's
instructions. Apply prior to placing reinforcing steel, anchoring devices, and
embedded items.
B. Do not apply form release agent where concrete surfaces are scheduled to receive
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applied coverings or special finishes which may be affected by agent. Soak
contact surfaces of untreated forms with clean water. Keep surfaces wet prior to
placing concrete.
3.5 INSERTS, EMBEDDED PARTS, AND OPENINGS
A. Provide formed openings where required for work embedded in or passing
through concrete.
B. Coordinate work of other Sections in forming and setting openings, slots,
recesses, sleeves, bolts, anchors, and other inserts.
C. Install accessories in accordance with manufacturer's instructions, level and
plumb. Ensure items are not disturbed during concrete placement. Install water-
stops in locations as shown on the Drawings. Refer to Section 03250 for
Waterstop Requirements.
3.6 FORM REMOVAL
A. Notify Engineer prior to removing formwork.
B. Do not remove forms and shoring until concrete has sufficient strength to support
its own weight, and construction and design loads which may be imposed upon it.
Concrete shall not be backfilled or loaded until the concrete has obtained 80% of
the design strength.
C. Remove formwork progressively so no unbalanced loads are imposed on
structure.
D. Do not damage concrete surfaces during form removal.
Formwork for integrally colored concrete shall be stripped at a consistent time interval
after the pour. A variation of +/-2 hours in the time interval between completion
of a pour and form stripping shall be permitted.
Weather protection, if required, shall be installed such that the concrete surface shall not
be damaged or discolored. Any areas damage or discoloration shall be removed if
requested by the Engineer.
3.7 CLEANING
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A. Clean forms to remove foreign matter as erection proceeds.
B. Ensure that water and debris drain to exterior through clean-out ports.
During cold weather, remove ice and snow from forms. Do not use de-icing salts. Do not
use water to clean out completed forms, unless formwork and construction
proceed within heated enclosure. Use compressed air to remove foreign matter.
END OF SECTION 03100
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SECTION 03250 CONCRETE ACCESSORIES
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work Included: Work consists of furnishing all labor, material and equipment
necessary to install waterstops, expansion joint material, and joint caulking
material.
1.2 RELATED SECTIONS
SECTION 03300: Cast-in-Place Concrete
1.3 REFERENCES
CRD-C572 Corps of Engineers Specification for Polyvinyl Chloride
Waterstops
ASTM D1752-84 Specification for Preformed Sponge Rubber and Cork Expansion
Joint Filler for Concrete Paving and Structural Construction
ASTM D1751-83 Specification for Preformed Expansion Joint Fillers for Concrete
Paving and Structural Construction (Nonextruding and Resilient
Bitaminous Types)
ASTM C-920-87 Specification for Elastomeric Joint Sealers
1.4 SUBMITTALS
A.. Submit a statement confirming use of specified products or product literature for
alternative products.
PART 2 - PRODUCTS
2.1 POLYVINYL CHLORIDE (PVC) WATERSTOPS
A. All materials shall comply with the requirements of CRD-C572 Corps of
Engineers specification for Polyvinyl Chloride Waterstops.
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The specific waterstop intended for use on this project is the Type 4B waterstop
manufactured by Horn/Dura Joint, or equal.
Sales Representative:
Pro Coat Systems, Inc.
5775 Stapleton Drive North, S-200
Denver, Colorado 80216
303-322-9009
2.2 ALTERNATIVE WATERSTOPS AT NON-EXPANSION JOINTS
Expansion Joint Fillers. The sales representative for RX-101-T CETCO Bentonite
waterstop is Pro Coat System, Inc. as shown above.
2.3 EXPANSION JOINT MATERIAL
A. Expansion Joint Material shall meet the requirements of ASTM D1751-83 for all
expansion joint used in flatwork, with premanufactured removable plastic caps
2.4 EXPANSION JOINT SEALANT MATERIAL
All Expansion Joints shall be sealed shall be sealed unless otherwise indicated on the
contract drawings, or as approved by the Engineer. The specific joint sealant
material intended for use for crack control joints is Sikaflex 1CSL or 2 CSL at the
option of the contractor, and applied in accordance with the manufacturer’s
recommendations. Joints may be required to be primed with Sika 429 or backed
with backer rod prior to the installation of the joint sealant.
Closed cell backer rod 1/2” thick shall be inserted in crack control joints a minimum of 24
hours before installing the control joint resin. The acceptability of an alternative
Expansion Joint Sealant Material shall be determined during the shop drawing
phase.
PART 3 - EXECUTION
3.1 WATERSTOP INSTALLATION
Waterstops shall be furnished full length for each straight portion of the joint, without
field
splices. Field splices shall have a full size tensile strength of 100 pounds per inch of
width. Waterstops, when being installed, shall be cut and spliced at changes in direction
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as may be necessary to avoid buckling or distortion of the web or flange. If, after placing
concrete, waterstops are substantially out of position or chape, the surrounding concrete
shall be removed, the waterstop reset or replaced if damaged, and the concrete
replaced at the Contractor’s expense.
RX-101-T CETCO Bentonite waterstops, if used, shall be installed per the manufacturers
recommendations for installation.
3.2 EXPANSION JOINT MATERIAL INSTALLATION
A. Install Expansion Joint Material as shown on the Construction Drawings.
3.3 EXPANSION JOINT SEALANT INSTALLATION
A. Apply expansion joint sealant material when ambient air temperature is between
40 - 100 degrees F.
B. Pour joint sealant into joint slot in one direction and allow sealant to flow and
level out as necessary.
END OF SECTION 03250
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111-12 TYPE II MICRO-SURFACING
Micro-surfacing is a mixture of polymer-modified asphalt emulsion, mineral aggregate, mineral
filler, water, and other additives, properly proportioned, mixed and spread on a paved surface in
accordance with these specifications.
EMULSIFIED ASPHALT
The emulsified asphalt and asphalt residue shall be ASTM D2397 and Table 4 Section 94
Caltrans Standard Specifications for CQS-1h. The cement mixing test shall be waived for this
emulsion.
Emulsion shall be stored in an uncontaminated (clean) container. Said clean containers shall be
locked. If an uncontaminated container is unavailable Emulsion shall be stored in clean trucks.
The polymer material shall be milled or blended into the asphalt or emulsifier solution prior to
the emulsification process.
The minimum amount and type of polymer modifier shall be determined by the laboratory
performing the mix design. The minimum amount required will be based on asphalt weight
content and will be certified by the emulsion supplier. A three percent (3%) polymer solids,
based on asphalt weight, is considered minimum.
The five-day (5) settlement test may be waived, provided job stored emulsion is used within
thirty-six (36) hours from the time of the shipment, or the stored material has had additional
emulsion blended into it prior to use.
When tested according to the following tests, the emulsion shall meet the requirements of ASTM
D2397 and Table 4 Section 94 Caltrans Standard Specifications for CQS-1h, listed below:
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Type
Grade
Properties
Cationic
CQS1 CQS1h
min max min max
Tests on emulsions: Test Method --
Saybolt Furol
Viscosity, @ 50 °C, SFSa
AASHTO T 59
15 90 15 90
Sieve test, % -- 0.30 -- 0.30
Storage stability, 1
day, %
-- 1 -- 1
Residue by
distillation, %
57 -- 57 --
Particle chargeb positive positive
Tests on Residue from
Distillation Test:
-- --
Penetration, 25°C AASHTO T 49 100 200 40 90
Ductility, 25°C, mm AASHTO T 51 400 -- 400 --
Solubility in
trichloroeythylene, %
AASHTO T 44 97 -- 97 --
aMeans Saybolt Furol seconds
bIf the result of the particle charge test is inconclusive, the asphaltic emulsion must
be tested for pH under ASTM E 70. Grade CQS1h asphaltic emulsion must have a
maximum ph of 6.7.
Each load of emulsified asphalt shall be accompanied with a Certificate of Analysis/Compliance
to assure that it is the same as that used in the mix design.
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AGGREGATE
The mineral aggregate used shall be Type II and grade specified for the particular use of the
micro-surfacing. The aggregate shall be a manufactured crushed stone. Aggregate shall be 100%
crushed gravel with no round particles and shall be free of lumps, oversize particles, vegetable
matter and other deleterious substances. Aggregate can be black, gray or light colored.
Aggregate for micro-surfacing excluding mineral filler must have the quality characteristics as
specified in the following table:
AASHTO
TEST NO.
ASTM TEST
NO.
CTM
QUALITY
SPECIFICATION
AASHTO
T176
ASTM D2419
CT217
Sand
Equivalent
65 Minimum
AASHTO
T210
ASTM D3744
CT229
Durability
Index
65 Minimum
CT205
Crushed
Particlesa
95% Minimum
AASHTO
T96
ASTM C131
CT211
Abrasion
Resistanceb
35% Maximum
aCrushed particles must have at least 1 fractured face.
bCalifornia Test 211 must be performed on the aggregate before crushing.
The abrasion test is to be run on the parent aggregate. The aggregate should meet state-approved
polishing values. Proven performance may justify the use of aggregates that may not pass all of
the above tests. No single aggregate grading or Sand Equivalent test shall represent more than
300 tonnes or one day’s production, whichever is smaller.
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GRADING
Aggregate shall have a jobsite stockpile for gradation testing. Aggregate must have the
following gradation as determined under California Test 202:
SIEVE
SIZE
TYPE II
PERCENT PASSING
STOCKPILE
TOLERANCE
3/8 (9.5 mm)
100
# 4 (4.75 mm)
94 - 100
±5%
# 8 (2.36 mm)
65 - 90
±5%
# 16 (1.18 mm)
40 - 70
±5%
# 30 (600 um)
25 – 50
±5%
#200 (75 um)
5 - 15
±2%
Aggregate must be rock dust or sand such as plaster sand. Aggregate larger than the no. 50 sieve
must
be 100 percent crushed rock. Aggregate must be free from vegetable matter, deleterious
substances,
caked or clay lumps, and oversized particles. The job mix (target) gradation shall be within the
gradation band for the desired type. After the target gradation has been submitted (this should be
the gradation that the mix design is based on), then the percent passing each sieve shall not vary
by more than the stockpile tolerance shown in the above table for each individual sieve, and still
remain within the gradation band. The percent passing shall not go from the high end to the low
end of the range for any two consecutive screens.
The aggregate will be accepted at the job location stockpile or when loading into the support
units for delivery to the lay-down machine. The stockpile shall be accepted based on five
gradation tests according to California Test 202. If the average of the five tests is within the
gradation tolerances, then the materials will be accepted. If the tests show the material to be out,
the contractor will be given the choice to either remove the material or blend other aggregate
with the stockpiled material to bring it into specification. Materials used in blending must meet
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the quality tests before blending and must be blended in a manner to produce a consistent
gradation. If blending is used, it will require that a new mix design be performed.
Screening shall be required at the stockpile prior to delivery to the paving machine if there are
any problems created by having oversize material in the mix.
MINERAL FILLER
Mineral filler must be portland cement of any combination of Type I, Type II, or Type III
cement. It may be accepted upon visual inspection. The type and amount of mineral filler
needed shall be determined by a laboratory mix design and will be considered as part of the
aggregate gradation. An increase or decrease of less than one percent (1%) may be permitted
when the Micro-surfacing is being placed if it is found to be necessary for better consistency or
set times.
WATER
The water shall be potable and free of harmful soluble salts or reactive chemicals and any other
contaminants.
ADDITIVES
Additives may be added to the emulsion mix or any of the component materials to provide the
control of the quick-traffic properties. They must be included as part of the mix design and be
compatible with the other components of the mix.
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MIX DESIGN
The contractor shall submit to the Engineer for approval a complete mix design prepared and
certified by a laboratory which has experience in designing micro-surfacing. Compatibility of the
aggregate, polymer-modified emulsion, mineral filler, and other additives shall be verified by the
mix design. The mix design shall be made with the same aggregate gradation that the contractor
will provide on the project. After the mix design has been approved, no substitution will be
permitted, unless approved by the Engineer. Recommended tests and values are as follows:
ISSA TEST
NO.
DESCRIPTION
SPECIFICATION
ISSA TB-139
Wet Cohesion
@ 30 Minutes Minimum (Set)
@ 60 Minutes Minimum
(Traffic)
12 kg-cm Minimum
20 kg-cm Minimum or
Near Spin
ISSA TB109
Excess Asphalt by LWT Sand
Adhesion
50 g/ft2 Maximum
(538 g/m2 Maximum)
ISSA TB-114
Wet Stripping
Pass (90% Minimum)
ISSA TB-100
Wet-Track Abrasion Loss
One-hour Soak
Six-day Soak
50 g/ft2 (538 g/m2)
Max.
75 g/ft2 (807 g/m2)
Max.
The wet-track abrasion tests are used to determine the minimum asphalt content and resistance to
stripping. Some systems require longer times for the asphalt to adhere to the stone. In these
systems, a modified Marshall Stability Test (ISSA TB-148) or Hveem Cohesiometer Test
(ASTM D 1560) has been used to confirm asphalt content.
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ISSA TEST
NO.
DESCRIPTION
SPECIFICATION
ISSA TB-147
Lateral Displacement
Specific Gravity after 1,000
Cycles of 25 Pounds (11.34 kg)
5% Maximum
2.10 Maximum
ISSA TB-144
Classification
Compatibility
11 Grade Points
Minimum (AAA,
BAA)
ISSA TB-113
Mix Time @ 77oF (25oC)
Controllable to 120
Seconds Minimum
The mixing test is used to predict how long the material can be mixed in the machines before it
begins to break. It is more for information to be used by the contractor than for quality of the end
product.
The mixing test and set-time test should be checked at the highest temperatures expected during
construction.
The mix design should report the quantitative effects of moisture content on the unit weight of
the aggregate (bulking effect). The report must clearly show the proportions of aggregate,
mineral filler (minimum and maximum), water (minimum and maximum), additive usage, and
polymer-modified asphalt emulsion based on the dry weight of the aggregate.
All the component materials used in the mix design shall be representative of the materials
proposed by the contractor to be used on the project.
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The percentages of each individual material required shall be shown in the laboratory report.
Adjustments may be required during construction, based on field conditions. The Engineer will
give final approval for all such adjustments.
COMPONENT
MATERIALS
LIMITS
Residual Asphalt
5.5 to 9.5% by dry weight of aggregate
Mineral Filler
0.0 to 3% by dry weight of aggregate
Polymer-Based Modifier
Minimum of 3% solids based on bitumen weight
content
Additives
As needed
Water
As needed
RATE OF APPLICATION
The Micro-surfacing mixture shall be of the proper consistency at all times, so as to provide the
application rate required by the surface condition. The average single application rate, as
measured by the County, shall be 12 – 15 lb/SY
Application rates are affected by the unit weight of the aggregate, however the minimum shall be
12 Lb/SY.
Any placement less than minimum will result in a deduction or reapplication per the following
table:
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Reduced Payment Factors
Rate of
application
Lb/SY
Reduced
Payment Factor
12.0 0.0000
11.8 0.0625
11.6 0.1250
11.4 0.1875
11.2 0.25
<11.0 Reapply
EQUIPMENT
The contractor shall be responsible for providing adequate additional equipment to ensure
planned production rate is met in the event there is a breakdown or rejection of equipment.
All equipment, tools, and machines used in the performance of this work shall be maintained in
satisfactory working condition at all times to ensure a high-quality product.
Suitable surface preparation equipment, traffic control equipment, hand tools, and any other
support and safety equipment shall be provided by the contractor as necessary to perform the
work
MIXING EQUIPMENT
The machine shall be specifically designed and manufactured to lay micro-surfacing. The
material shall be mixed by an automatic-sequenced, self-propelled micro-surfacing mixing
machine, which shall be a continuous-flow mixing unit able to accurately deliver and proportion
the aggregate, emulsified asphalt, mineral filler, control setting additive, and water to a revolving
multi-blade, double-shafted mixer and to discharge the mixed product on a continuous-flow
basis. The machine shall have sufficient storage capacity for aggregate, emulsified asphalt,
mineral filler, control additive and water to maintain an adequate supply to the proportioning
controls. On major highways, the machine may be required to be a self-loading machine capable
of loading materials while continuing to lay micro-surfacing, thereby minimizing construction
joints. If used, the self-loading machine shall be equipped to allow the operator to have full
control of the forward and reverse speeds during applications of the micro-surfacing material and
be equipped with opposite-side driver stations to assist in alignment. The self-loading device,
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opposite-side driver stations, and forward and reverse speed controls shall be original equipment
manufacturer design.
Truck mounted mixer-spreaders must proportion micro-surfacing materials by volume and mix
them in continuous pugmill mixers. Before starting mixing and spreading activities,
demonstrate:
1. Rotating and reciprocating equipment are covered with metal guards.
2. Indicators work and are visible while walking alongside the truck mounted mixer-
spreader.
3. Low-flow and no-flow devices work.
4. The aggregate feeder's drive shaft is equipped with a revolution counter that reads to the
nearest 0.10 of a revolution.
Aggregate feeders must be connected directly to the drive on the emulsion pump.Truck mounted
mixer-spreaders must display identifying numbers at least 3 inches in height on the front and rear
of the truck. The emulsion storage tank must have a thermometer at the pump suction level
measuring the MSE temperature to within 10 °F accuracy.
The belt feeder delivering aggregate to the pugmill must have a device monitoring the aggregate
depth. The device must automatically shut down the power to the belt feeder if the aggregate
depth is less than the target depth. If the aggregate delivery belt is not an integral part of the
drive chain, a second device must detect belt movement by monitoring revolutions of the belt
feeder. This second device must automatically shut down power to the belt feeder if movement
is interrupted. For both devices, shutdown may be delayed 3 seconds from sensing to allow for
normal fluctuations.
PROPORTIONING DEVICES
Individual volume or weight controls for proportioning each material to be added to the mix (i.e.
aggregate, mineral filler, emulsified asphalt, additive, and water) shall be provided and properly
marked. These proportioning devices are used in material calibration and determining the
material output at any time.
SPREADING EQUIPMENT
The mixture shall be agitated and spread uniformly in the surfacing box by means of twin-
shafted paddles or spiral augers fixed in the spreader box. A front seal shall be provided to
insure no loss of the mixture at the road contact point. The rear seal shall act as a final strike-off
and shall be adjustable. The spreader box and rear strike-off shall be so designed and operated
that a uniform consistency is achieved to produce a free flow of material to the rear strike-off.
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The spreader box shall have suitable means provided to side shift the box to compensate for
variations in the pavement geometry.
The spreader box must have a series of strike-off devices at its rear.
The leading strike-off device must be:
1. Fabricated of a suitable material such as steel or stiff rubber
2. Designed to maintain close contact with the pavement during spreading
3. Capable of obtaining the specified thickness
4. Capable of being adjusted to the various pavement cross sections
The final strike-off device must be:
1. Fabricated of flexible material that produces a uniform texture in the finished surface
2. Cleaned daily and changed if longitudinal scouring occurs in the micro-surfacing
CALIBRATION
Each mixing unit to be used in the performance of the work shall be calibrated in the presence of
the Engineer prior to construction with project specific material. No machine will be allowed to
work on the project until the calibration has been completed and accepted by the County.
Calibration sheet is to be kept in every truck so certified.
On a daily basis during micro-surfacing placement, gate settings for each truck used are to be
recorded and approved by both the project inspector and the contractor’s foreman, noting truck,
time and any changes from previous setting
Periodic calibration checks (“Spot Checks”) may be made by the Engineer at random intervals
and is required to ensure machine project performance and compliance. Any truck found to have
defective material measurement devices shall not be used on the job until it is repaired and
recalibrated. Also, if a spot check shows a truck to be out of tolerance by 10% or more, the truck
shall not be used until it is recalibrated. Spot check testing is not used for Payment purposes.
Spot Check Method: for 1 complete truck load of mix, the actual area placed is measured and
noted. The amount of material placed is noted, as indicated on that truck’s measurement devices
(e.g. number of turns of auger). The resulting pounds per area shall be 12 to 15 Lbs/SY.
WEATHER LIMITATIONS
Micro-surfacing shall only be placed if both the pavement and air temperatures are at least 50
degrees F and rising. Do not place micro-surfacing if either the pavement or air temperature is
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below 50 degrees F and falling. The expected high temperature must be at least 65 degrees F
within 24 hours after placement. Do not place micro-surfacing if rain is imminent or the air
temperature is expected to be below 36 degrees F within 24 hours after placement.
SURFACE PREPARATION
The complete street surface shall be power swept & vacuumed from curb face to curb face prior
to application of micro-surfacing. Contractor shall provide cleaning methods necessary to
remove all dirt and loose material from the pavement. The application of micro-surfacing shall
not proceed until the inspector has approved the street sweeping. Vacuum Broom sweepers
(Mobile or Equivalent) shall be furnished by the Contractor for this portion of the work. If water
is used, cracks shall be allowed to dry thoroughly before applying micro-surfacing. No dry
aggregate, either spilled from the lay-down machine or existing on the road, will be permitted to
remain.
Pavement markings shall be ground-off and pavement markers (permanent and temporary)
removed prior to the application of micro-surfacing as per section 111-15. Remove Traffic
Stripes, Pavement Markings, & Markers
All materials so gathered shall be properly disposed of off site at the expense of the Contractor.
Contractor shall also remove all plant material growing in the street or the interface of the asphalt
surface with the lip of P.C.C. gutter prior to placing micro-surfacing.
Immediately preceding the micro application, the Contractor shall cover all grates, slotted
manholes, and other appurtenances on the pavement that would allow the entry of the micro;
cover all closed manhole covers, water and gas valve box covers, monuments, monument boxes,
etc., with a heavy plastic bag. Locations of manholes, valves and other utility or service entrance
shall be recorded both on the plans and on the street curb prior to surfacing. Prior to opening the
street to traffic, the Contractor shall uncover all covered grates and manholes within 72 hours
after the surfacing application; micro on all other appurtenances shall be broken loose and
removed from the street and install centerline rubber floppy markers and stop limit lines.
APPLICATION
When required by local conditions, the surface shall be pre-wetted by fogging ahead of the
spreader box. The rate of application of the fog spray shall be adjusted during the day to suit
temperatures, surface texture, humidity, and dryness of the pavement.
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Using the approved mix design, proportion the micro-surfacing materials by volume. Field
conditions may require adjustments during construction. Obtain the Engineer's approval before
adjusting proportions. A belt feeder with an adjustable cutoff gate must proportion aggregate.
The gate opening height must be determinable. For the aggregate belt feeder, the delivery rate for
any individual check run must not deviate more than 2 percent from the average of the rates of 3
runs of at least 3 tons each. For the emulsion pump, the delivery rate for any individual check run
must not deviate more than 2 percent from the average of the rates of 3 runs of at least 300
gallons each.
The micro-surfacing shall be of the desired consistency upon leaving the mixer. A sufficient
amount of material shall be carried in all parts of the spreader at all times so that a complete
coverage is obtained. Overloading of the spreader shall be avoided. No lumping, balling, or
unmixed aggregate shall be permitted.
Micro-surfacing application shall be stopped to allow sufficient time for curing, installation of
temporary or permanent pavement delineation and removal all traffic control before the end of
working hours. The expressway shall be completely opened to traffic at the end of working
hours, as specified in Section 111-06, “Hours of Work,” in these Special Provisions.
Micro-surfacing around manhole cover and utility cover shall be squeegeed flush with the rim or
feathered out around the cover.
Gutter spills shall be cleaned immediately.
Micro-surfacing shall be applied within one foot of either side of railroad tracks, but not in the
track area.
No streaks, such as those caused by dragging oversized aggregate, shall be left in the finished
surface. If excess streaking develops, the job will be stopped until the contractor proves to the
Engineer that the situation has been corrected. Excessive streaking is defined as more than four
drag marks greater than one-half (1/2) inch wide (12.7 mm) and four inches (4) long (101 mm),
or one inch (1) wide (25.4 mm) and three (3) inches long (76.2 mm), in any 29.9 yd2 (25 m2)
area. No transverse ripples or longitudinal streaks of one-fourth (1/4) inch in depth (6.4 mm)
will be permitted, when measured by placing a ten (10) foot (3 m) straight edge over the surface.
The straight-edge measuring devise shall be provided by the contractor and available for each
day of operation. The Engineer will determine areas to be checked in the presence of the
contractor. All areas found to be in need of correction, shall be repaired within 48 hours. All
work associated with straight-edge checking and repair work, as necessary, shall be at the
Contractor’s expense and no additional compensation is allowed.
TEST STRIP
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The Contractor shall construct a test strip, within the project limits, for evaluation by the
Engineer. The test strip shall be a minimum of 750 ft long, shall replicate the full production
placement of micro-surfacing, and shall consist of the application courses specified. The test
strip shall be constructed at the same time of day or night that the full production of micro-
surfacing will be placed.
SAND BLOTTER
A sand blotter shall be spread at selected driveways, intersections, and where required by the
Engineer to accommodate pedestrian or vehicular traffic until micro-surfacing cures. The sand
used shall be Lone Star Lupis Luster dried grades #213, 2-16, 16, 120 or an approved equal.
Substitutes must be submitted for approval prior to use. Sand blotters at intersections shall be
swept within 2 hours of placement and within 14 hours at other locations. Sand blotters are not to
be applied until micro-surfacing can withstand pedestrian traffic. A penalty of $25 for each
driveway, $50 for each cross street and $100 for each intersection assessed against the
Contractor for each day until it is removed. If the County has the sand removed, the Contractor
will be charged the cost of the removal and disposal in addition to the penalties assessed.
Contractor can use additional cement to cure micro-surfacing in lieu of sand blotter.
JOINTS
No excess buildup, uncovered areas, or unsightly appearance shall be permitted on longitudinal
or transverse joints. The contractor shall provide suitable-width spreading equipment to produce
a minimum number of longitudinal joints throughout the project. When possible, longitudinal
joints shall be placed on lane lines. Half passes and odd-width passes will be used only in
minimum amounts. If half passes are used, they shall not be the last pass of any paved area. A
maximum of three (3) inches (76.2 mm) shall be allowed for overlap of longitudinal lane line
joints. Also, the joint shall have no more than a one-fourth (1/4) inch (6.4 mm) difference in
elevation when measured by placing a ten (10) foot (3 m) straight edge over the joint and
measuring the elevation drop-off. The straight-edge measuring devise shall be provided by the
contractor and available for each day of operation. The Engineer will determine areas to be
checked in the presence of the contractor. All areas found to be in need of correction, shall be
repaired within 48 hours. All work associated with straight-edge checking and repair work, as
necessary, shall be at the contractor’s expense and no additional compensation is allowed.
MIX STABILITY
Micro-surfacing shall possess sufficient stability so that premature breaking of the material in the
spreader box does not occur. The mixture shall be homogeneous during and following mixing
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and spreading. It shall be free of excess water or emulsion and free of segregation of the
emulsion and aggregate fines from the coarser aggregate. Under no circumstances shall water be
sprayed directly into the lay-down box while laying micro-surfacing material.
LINES
Care shall be taken to ensure straight lines along curbs and shoulders. No runoff on these areas
will be permitted. Lines at intersections will be kept straight to provide a good appearance. If
necessary, a suitable material will be used to mask off the end of streets to provide straight lines.
Edge lines shall not vary by more than ± 2 inches (± 50 mm) horizontal variance in any 96 feet
(30 m) of length.
CLEAN-UP
All areas, where micro-surfacing material is placed outside the limits shown on the plans, shall
have the micro-surfacing mix removed as specified by the Engineer. The contractor shall, on a
daily basis, remove any areas of over-placement and/or debris associated with the performance
of the work.
If bleeding, raveling, or de-lamination of the new micro-surfacing occurs, the Contractor shall
make repairs by any method approved by the Engineer. The Contractor shall not be relieved
from maintenance, and final contract payment will not be made, until repairs have been
completed. Micro-surfacing shall be removed by a profile grinder and a full lane width pass of
micro-surfacing shall be applied in full compliance with these Special Provisions.
PAYMENT
Type II Micro-surfacing shall be paid for by square yard. The area to be paid is based on the
final actual area placed, as measured by the Project Inspector. The price shall be full
compensation for all furnishing, preparation; mixing and applying of these materials; and for all
labor, equipment, tools, test designs, compliance testing, cleaning, sweeping, sand blotters,
repairs, signs, and incidentals necessary to complete the job as specified herein.
Payment for water, additives and mineral filler used in the micro-surfacing mixture shall be
considered as included in the payment for micro-surfacing and no separate payment will be made
therefor.
111-13 NOT USED
111-14 NOT USED
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111-15 REMOVE TRAFFIC STRIPES, PAVEMENT MARKINGS & PAVEMENT
MARKERS
Remove traffic stripes, pavement markings and pavement markers shall conform to Section 15-
2.02b, l5-2.02c, and 15-2.06 of the State Standard Specifications, the details shown on the plans,
and these special provisions.
Contractor will mark existing traffic stripes, limit lines and crosswalks with temporary floppies
prior to starting micro-surfacing work. Floppies will be installed every 30 feet for striping, 3
feet for stop bars and 6 feet for crosswalks or as directed by the inspector and they shall
remain in place after micro-surfacing placement. Any floppies pulled out by micro-
surfacing process will be immediately replaced.
All traffic pavement markers will be removed. Removal of pavement markers or markings shall
not materially damage the surface or the texture of the pavement.
Any thermoplastic traffic legends, traffic stripes and pavement markings shall be removed by
sandblasting or as directed by the Engineer. No painting over existing thermoplastic will be
allowed.
Any painted traffic legends, traffic stripes and pavement markings that are too thick to allow for
proper application of micro-surfacing shall be removed by sandblasting.
Where blast cleaning is used for the removal of pavement markings or for removal of
objectionable material, and such removal operation is being performed within 10 feet of a lane
occupied by public traffic, the residue including dust shall be removed immediately after contact
between the sand and the surface being created. Such removal shall be by vacuum attachment
operating concurrently with the blast cleaning operation.
Wherever the Contractor's operations obliterate pavement delineation (lane lines); such pavement
delineation shall be replaced by either permanent or temporary delineation before opening the
traveled way to public traffic.
The lump sum contract amount for Remove Traffic Stripes, Pavement Markings and Pavement
Markers, including crosswalk lines, shall include full compensation for furnishing all labor,
materials, tools, equipment, and incidental for doing all the work required to conform with these
Specifications and as required to accomplish the work. Temporary stripes, markings, and
delineation will not be measured for payment. Full compensation shall be considered as included
in the lump sum payment for Remove Traffic Stripes, Pavement Markings and Pavement
Markers.
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111-16 MICRO-SURFACING HAND WORK
In areas where the spreader box cannot be used, micro-surfacing shall be applied by hand
squeegees to provide uniform and complete coverage. Care shall be exercised to leave no
unsightly appearance from Micro-surfacing Hand Work. The same type of finish as applied by
the spreader box shall be required. Micro-surfacing Hand Work shall be completed during the
machine applying process of that street. Micro-surfacing Hand Work shall exclude all hand
work necessary for the completion of the machine applied micro-surfacing process. Areas of
Micro-surfacing Hand Work shall be identified and totals verified prior to start of construction.
The contract unit price for Micro-surfacing Hand Work shall be measured and paid per square
yard. The area to be paid is based on the final actual area placed, as measured by the Project
Inspector. It shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all work involved, including but not limited to, written
notification, vegetation removal, preparing surface, power sweeping, removal of litter and debris,
placing micro-surfacing, protection and location of manholes, valve covers, monuments,
placement of sand blotter etc., clean up and repair of micro-surfacing, as specified in the
specifications and Special Provisions.
111-17 DUST CONTROL
Dust control shall conform to the provisions of Section 10, “Dust Control,” and Section 17
“Watering,” of the County Standard Specifications.
Compensation for conforming to this section shall be considered as included in other items of
work.
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CRACK SEAL SPECIFICATIONS
• Clean all cracks greater than ¼ inch with compressed air. Fill cracks greater than ¼ inch
with hot crack sealer material.
• Contractor is responsible for all labor, material and traffic control during crack seal
needed for a safe operation. ie; flag trees, cones , barricades, Etc…
• Work to be performed Monday through Friday from 7:30 am to 5:00 pm unless approved
in advance by Public Works Director.
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CITY OF SARATOGA GENERAL CONSTRUCTION SPECIFICATIONS
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CITY OF SARATOGA
GENERAL CONSTRUCTION SPECIFICATIONS
1. Construction work and operations shall conform to the prevailing State of California
Standard Specifications 2006, supplemented by special provisions required by the City of
Saratoga Engineer’s Office. The performance and completion of all work must be to the
satisfaction of the City Engineer.
2. Construction details shall be in accordance with provision of the current City of Saratoga
Standard Details as appropriate. In the event of conflict, the matter shall be resolved by
the City Engineer.
3. Contractor shall provide adequate dust control as required by the City Engineer.
4. Accurate verification as to size, location and depth of existing underground conduits or
facilities shall be the individual contractors responsibility Plan locations are approximate
and for general information only. Contractors shall contact utility companies for exact
locations of utilities.
5. Concrete used for structural purposes shall be Class “A” (6 sack per c.y.) as specified in
the State Standard Specifications. Concrete placed must develop a minimum strength
factor of 2200 p.s.i. in a seven day period and 3000 p.s.i. in 28 days.
6. Encroachment permits: Encroachment permits shall be secured from the Santa Clara
County Flood Control and Water District in cases where needed. Encroachment permits
shall be secured from Caltrans where needed.
7. Contractors or the Developer must notify the Public Works Department before beginning
any of the activities listed below. Failure to do so may provide cause for rejection of the
work done and the necessity for either; 1.) removing and redoing the work; 2.) special
testing such as coring, etc. 3.) a long- term performance bond or 4.) all or any of the
above. The critical stages include:
a. Commencement of work
b. Beginning cut or fill
c. Completion of excavation and/or subgrade
d. Placement of aggregate base rock
e. Application of prime coat or track coat
f. Placement of Portland cement concrete in any structure
g. Placement of asphalt concrete or other roadway material
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h. Completion of any drainage structure
i. Backfill of any trench
j. Placement of any structure or roadway over a backfill trench
k. Completion of a project
8. The city requires a minimum of 24 hours advance notice for general inspection, 48 hours
for asphalt concrete construction.
9. The Contractor and/or his authorized representative must submit written request for final
inspection and acceptance. Such requests shall be directed to the City of Saratoga
Engineering Dept., 13777 Fruitvale Avenue, Saratoga.
10. Routes used by construction traffic to be approved by City Engineer.
11. Field Engineer: Contractors or their engineer shall designate or provide a Field Engineer
to act as a liaison with the contractors, subcontract and the City with regard to
construction activities. Name(s) and phone number(s) of the individual(s) designated as
Field Engineer shall be provided to the City and to all contractors and subcontractors
working on the job. All questions as to the meaning and intent of the plans should be
taken to the Field Engineer.
Construction work and operations shall conform to the prevailing State of California Standard
Specifications 2006, supplemented by special provisions required by the City of Saratoga
Engineer’s Office. The performance and completion of all work must be to the satisfaction of the
City Engineer.
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END OF SECTION: CITY OF SARATOGA DETAILS GENERAL
CONSTRUCTION SPECIFICATIONS
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SARATOGA CITY COUNCIL
MEETING DATE:May 4, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Code Compliance Policy
RECOMMENDED ACTION:
Adopt the resolution establishing the City’s Code Compliance Policy.
BACKGROUND:
At the City Council Meeting on April 6, 2016, the City Council directed staff to bring forward a
resolution establishing a comprehensive Code Compliance Policy and supersedes existing code
enforcement-related policies. The City’s existing policies are narrow in scope and contain
conflicting language.
The City Council further directed staff to include language in the new policy that: allows
anonymous complaints in certain situations; encourages neighbors to work with each other to
resolve disputes and avoids use of the compliance program as a tool for neighborhood feuding:
reinforces that the Code Compliance Program will be driven by complaints; prioritizes voluntary
compliance and a soft touch approach; clarifies that compliance officers will not actively patrol
the City seeking out violations, with the exception of violations found while investigating a
complaint; and prioritizes enforcement on weekends.
A resolution outlining these criteria for the Code Compliance Program is attached to the report
for Council consideration. The Council may modify the resolution as it sees fit or direct staff to
return with additional modifications.
ATTACHMENTS:
Attachment A – Resolution Establishing a Code Compliance Policy
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RESOLUTION NO. 16-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING THE CITY OF SARATOGA CODE COMPLIANCE POLICY
WHEREAS, the City of Saratoga works to ensure the health and safety of the
community and maintain a high quality of life; and
WHEREAS, enforcement of the City Code is one mechanism by which the City of
Saratoga helps is able to maintain standards of health, safety, and high quality of life within
Saratoga; and
WHEREAS, the City Council of the City of Saratoga has adopted several resolutions to
establish priorities and standards relating to code enforcement in the City of Saratoga, including
Resolutions 92-082 and 04-018; and
WHEREAS, the City Council desires a comprehensive policy that establishes guiding
principles and priorities for the City of Saratoga Code Compliance Program; and
WHEREAS, this resolution and content of the attached Code Compliance Policy shall
supersede all prior resolutions, policies, and understandings relating to code enforcement in the
City and the City of Saratoga Code Compliance Program except in connection with the Santa
Clara County Sheriff’s Office, San Jose Animal Services, or other local government agencies
that have the authority and responsibility to enforce the City Code through contract with the City
of Saratoga or other means.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga
hereby adopts the attached City of Saratoga Code Compliance Policy.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 4th day of May 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
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City of Saratoga Code Compliance Policy Adopted Via Resolution 16-___
CITY OF SARATOGA CODE COMPLIANCE POLICY
Adopted May 4, 2016
I. Purpose
The Code Compliance Program is one of the City of Saratoga’s methods for promoting
the health, safety, and quality of life of the residents of Saratoga. This policy outlines
the City Council’s priorities for enforcement of City Code and is intended to provide
guidance for the implementation of City Code compliance strategies in Saratoga. This
policy shall apply to the Code compliance officials designated by the City Manager. It
shall not apply to the Santa Clara County Sheriff’s Office, San Jose Animal Services,
or other local government agencies that have the authority and responsibility to enforce
the City Code through contract with the City of Saratoga or other means.
II. General Provisions
A. Prioritization of Violations. Violations that present an imminent threat to public
health and safety shall receive first priority in the enforcement of the City Code.
Complaints concerning alleged violations of limited duration that are in process,
present a clear violation of the City Code, and can be resolved through immediate
action shall receive second priority. Other violations shall be pursued as time
permits.
B. Complaint-Driven Enforcement. The Code Compliance Program shall operate on a
complaint basis and compliance officers shall not actively seek enforcement of
violations without a prior complaint filed, subject to the following exceptions:
1. Violations that present an imminent threat to public health and safety may be
proactively enforced without receiving a prior complaint.
2. During the course of investigating a complaint, compliance officers may
proactively enforce violations found within the vicinity of the alleged violation.
3. City permits, conditions of approval, and parking regulations may be enforced
without a complaint filed in connection with inspections and compliance
monitoring.
4. The City Council may by resolution direct proactive enforcement of certain
types of violations.
C. Voluntary Compliance. Compliance officers shall strive to achieve voluntary
compliance with the City Code before formal enforcement action is taken.
Furthermore, the City understands that in some cases, enforcement of the City Code
may not fully address the circumstances that may have led to the filing of a
complaint. Given the City’s limited Code compliance resources and interest in
fostering lasting solutions to community concerns, compliance officers shall
encourage neighbors to informally work together to reach resolution of violation
complaints before resorting to formal procedures. In the event that complaints
reveal rifts among neighbors that may not be fully resolved through the Code 281
City of Saratoga Code Compliance Policy Adopted Via Resolution 16-___
compliance process, the City shall encourage residents to participate in conflict
mediation by coordinating or referring residents to available mediation services.
D. Anonymous Complaints Not Guaranteed. Any person may make a complaint to the
City regarding alleged code violations. With the exception of complaints regarding
clear and imminent threats to public health and safety, the City shall not accept
anonymous complaints. The City recognizes that some complainants may not want
their names disclosed for fear of retaliation. The City makes no assurances that the
identity of the complaining party will remain confidential. For example, it may be
necessary for the complaint for the complaining party to testify at an administrative
hearing or in a court of law in order to effectively resolve the violation.
Furthermore, it may be necessary for the City to disclose the identity or contact
information of the complainant in order to respond to and comply with Public
Records Act requests.
E. Weekend Enforcement. The City of Saratoga recognizes the need for Code
compliance staff to be available on weekends. Weekend hours shall be a priority
when establishing the work schedule for Code compliance staff.
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