Figure 17.02-3 Lot Width
Lumber and wood products manufacturing means processing and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes: all types of milling operations and the turning and shaping of wood products on a manufacturing basis; the assembly of products including trusses and structural beams, wood containers, pallets and skids; and the assembly of factory-built and manufactured housing; and the wholesaling of basic wood products. Craft-type shops are included in "Handicraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture and Fixture Manufacturing." The indoor retail sale of building materials, and the sale of construction tools and equipment is included under "Building Material Stores." Machinery manufacturing means the manufacturing of machinery and equipment for purposes and products including but not limited to the following:
♦ Bulldozers
♦ Carburetors
♦ Construction
♦ Conveyors
♦ Cranes
♦ Die casting
♦ Dies
♦ Dredging
♦ Engines and turbines
♦ Farm and garden
♦ Food products manufacturing
♦ Gear cutting
♦ Heating, ventilation, air conditioningmanufacturing
♦ Industrial furnaces and ovens
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♦ Industrial molds
♦ Industrial trucks and tractors
♦ Laundry and dry cleaning
♦ Materials handling
♦ Mining
♦ Oil field equipment
♦ Paper manufacturing
♦ Passenger and freight elevators
♦ Pistons
♦ Printing
♦ Pumps
♦ Refrigeration equipment
♦ Textile
♦ Upholstery
Medical offices. See "Medical Services—Clinics and Laboratories." Medical services—Clinics and laboratories means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services. These facilities include:
medical, dental and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "Offices"); medical and dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.
Medical services—Extended care means residential facilities providing nursing and health-related care as a principal use with in-patient beds, including: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; convalescent and rest homes; board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "Residential Care Homes."
Medical services—Hospitals means establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services having an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care.
May include accessory retail uses (see the separate definition of "Accessory Retail Uses,") and emergency heliports.
Metal fabrication, machine and welding shops means the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.
Mixed use development means the development of a site or structure with a combination of residential and commercial uses, as permitted by this chapter, in a single or physicall y integrated group of structures.
Mobile food vending facility or vending facility means any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of produce or prepared and pre-packaged or unprepared and unpackaged food or foodstuffs of any kind, on any public street, alle y or property or on any privately owned parcel or lot open to the public.
Mobile home means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including E.2.e
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recreational vehicle, commercial coach or factory-built housing which is equipped for human habitation. For purposes of this chapter, a mobile home on a permanent foundation is considered a structure.
Mobile home park means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes.
Motel. See "Hotel or Motel."
Natural grade means the contour of the ground surface before any grading (cut or fill).
Nonconforming lot means a lot of record that was legally created prior to the adoption of Ordinance 1038, codified in this title, but does not meet the requirements of this chapter because the lot is of a size, shape, or configuration no longer allowed in the zoning district in which the site is located, as a result of the adoption of, or amendments to, this chapter.
Nonconforming structure means a structure that was legally constructed prior to the adoption of Ordinance 1038, codified in this title, but does not meet the requirements of this Zoning Ordinance because the adoption of or amendments to the Zoning Ordinance made the structure nonconforming in its size, type of construction, location on its site, separation from other structures, number of parking spaces provided, or other features.
Nonconforming use means a use of land or structure that was legally established prior to adoption of Ordinance 1038, codified in this title, but does not meet the requi rements of this Zoning Ordinance because the use is no longer allowed in the zoning district that applies to the site, as a result of the adoption of, or amendments to, this Zoning Ordinance.
Nursery means the retail or wholesale handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other gardening item.
Offices means service establishments including the following:
1. Business offices. Establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "Vehicle and Freight Terminals"); and
2. Professional offices. Professional or government offices including:
♦ Accounting, auditing and bookkeeping services
♦ Advertising agencies
♦ Architectural, engineering and surveying
♦ Attorneys
♦ Counseling services
♦ Court reporting
♦ Data processing and computer services
♦ Detective agencies and similar services
♦ Employment, stenographic, secretarial and word processing services ♦ Government offices including administrative offices, agency and administrative office facilities ♦ Insurance
♦ Management, public relations and consulting services ♦ Photography and commercial art studios
♦ Writers and artists offices outside the home
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Does not include: medical offices, which are allowed under "Medical Services—Clinics and Laboratories."
Offices, temporary means a mobile home, recreational vehicle or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off -site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction as authorized by Section 17.24.190 (Temporary Use Permits) for a maximum period of up to 360 days.
Organizational documents means the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a project.
Outdoor commercial recreation means facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amusement and theme parks; drive -in theaters; golf driving ranges; miniature golf courses (golf courses are included under the definition of "Parks, Playgrounds, Golf Courses); skateboard parks and water slides; go -cart and miniature auto race tracks; recreation equipment rental (e.g., nonhighway motor vehicles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including but not limited to bars and restaurants, fast-food restaurants, video game arcades, etc.
Outdoor retail sales and activities means permanent outdoor sales and rental establishments including autos, other vehicles and equipment, and other uses where the business is not conducted entirely within a structure. Sidewalk cafés within the public right-of-way and sidewalk cafés are subject to the requirements in Section 17.22.210 (Sidewalk Café).
Outdoor retail sales, temporary means temporary outdoor retail operations including: farmer's markets; seasonal sales of Christmas trees, pumpkins or oth er seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales; and retail sales of various products from individual vehicles in temporary locations outside the public right-of-way. Vendors operating within the public right-of-way and are subject to the provisions of Section 17.22.160 (Outdoor Merchandise Display and Activity), the city of Hollister Municipal Code and applicable state and federal regulations.
Overlay district means a certain portion of the City wherein regulations relating to specific environmental, physical, or other characteristics (e.g., locational, economic, historical) are imposed in addition to those of the base district covering the land in question.
Paper products production means the manufacture of paper and paperboard (both from raw and recycled materials), and their conversion into products including paper bags, boxes, and envelopes.
Also includes building paper and building board mills.
Parcel. See "Lot."
Paving and roofing materials production means the manufacture of various common paving and roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar.
Person means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
Personal improvement services means services or facilities including, but not limited to, music or photography lessons, driving schools (excludes truck driving schools), and diet centers.
Personal services means establishments providing nonmedically related services, including beauty and barber shops; shoe repair shops; tanning salons; laundromats (self -service laundries); E.2.e
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manicurists; dry cleaning pick-up stores and small-scale dry cleaners. These uses may also include accessory retail sales of products related to the services provided.
Pipelines and utility lines means transportation facilities for the conveyance of: storm water, waste water, water and crude petroleum; refined petroleum products including gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, and surge and storage tanks. Does not include offices or service centers (classified under "Offices"), distribution substations (classified under "Public Utility Facilities"), or power plants (classified under "Electric Generating Plants").
Planned development as defined by Section 1351(k) of the Civil Code, a development (other than a community apartment project, condominium or stock cooperative) having either or both of the following features: (1) The common area is owned either by an association, or in common by the owners of the separate interests; (2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned lot, parcel, or area in compliance with Section 1367 of the Civil Code.
Planning Commission means the Planning Commission of the city of Hollister.
Plastics and rubber products production means he manufacture of rubber products including:
tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "Auto, Mobile Home, Vehicle and Supplies Sales"). Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.
Primary zoning district means residential, commercial, industrial or special use zoning district to which an overlay zone may be applied.
Printing and publishing means establishments engaged in printing by letterpress, lithography, gravure, screen, offset or other common process including electrostatic (xerographic) co pying and other "quick printing" services; and establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; and establishments manufacturing business forms and binding devices.
Public road means a street or highway owned and maintained by the City or the State.
Public safety and utility facilities.
1. Public safety facilities means facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
2. Public utility facilities means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching, telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; community wastewater treatment plants, settling ponds and disposal fields; corporation and maintenance yards. These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.
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Recreational vehicle (RV) means motor home, travel trailer, truck camper, or camping trailer, with or without motor power, originally designed for temporary human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
1. It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.
2. It contains 400 square feet or less of gross area measured at maximum horizontal projections.
3. It is built on a single chassis.
4. It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.
Recreation facility means an area or space within a project (exclusive of any required setback areas) to be used exclusively for leisure and recreation purposes by occupants of units in a project and their guests. Accessory structures such as swimming pools and recreation buildings shall constitute recreation facilities.
Recycling facilities.
1. Collection facility means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of 350 square feet or less and may include:
i. A mobile unit,
ii. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet, and
iii. Kiosk-type units which may include permanent structures; c. Large collection facilities which may occupy an area of more than 350 square feet and my include permanent structures.
2. Processing facility means a structure or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment, or to an end- user's specifications by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding.
Processing facilities include the following types, both of which are included under the land use definition of "Recycling, Scrap and Dismantling Yards:" a. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day.
Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. b. A heavy processing facility is any processing facility other than a light processing facility.
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3. Recycling facility means a center for the collection or processing of recyclable materials.
A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of State law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial or industrial designated parcel used solely for the recycling of material generated on the parcel.
4. Recycling or recyclable material means reusable domestic containers or items including but not limited to glass, metals, paper and plastic which are intended for reconstitution, remanufacture or reuse for the purpose of being used in the altered form. Recyclable material does not include refuse or hazardous materials.
5. Reverse vending machine means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by State law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
6. Bulk reverse vending machine means a bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.
Repair and maintenance—Consumer products means service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; re -upholstery and furniture repair.
Does not include shoe repair (included under "Personal Services"). Does not include businesses serving the repair needs of heavy equipment, which are included under "Business Support Services." Research and development means facilities for research, and the design, development and testing of computer software, and electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with amanufacturing facility on the same site. Also includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories which are defined under "Business Support Services," or medical laboratories, which are included under "Medical Services—Clinics and Labs." Residential accessory uses and structures means includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. These uses include accessory structures (swimming pools, spas and hot tub s, workshops, studios, greenhouses, garages and similar structures).
Residential care homes means facilities providing residential social and personal care for children, the elderly, and adults with some limitations on their ability for self-care, but where medical care is not a major element. Includes: children's homes; halfway houses; orphanages; rehabilitation centers; self - help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "Medical Services—Extended Care." Residential dwelling unit—Apartments means a group of 5 or more dwellings set on one lot with common ownership of the land and building(s). The units may be attached through any combination of common walls, or detached from each other, provided all requirements of zoning are met.
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Residential dwelling unit—Duets means a pair of individual dwelling units within one residential structure, each with its own entrance, which share a common wall from ground to ceiling set al ong a property line with each unit located on a separate lot.
Residential dwelling unit—Duplex, triplex, fourplex means a group of two, three, or four dwellings, respectively, set on one common lot. The units may be attached through any combination of common walls, or detached from each other, provided all requirements of zoning are met.
Residential dwelling unit—Multi-family includes duplexes, triplexes, fourplexes, apartments, and residential condominiums. Excludes 'single-family attached' dwelling units and 'Duets'. A residence with an accessory dwelling unit authorized by Section 17.22.040 (Accessory dwelling uni ts) of this title shall not be considered multifamily housing.
Residential dwelling unit—Single-family attached means a group of three or more individual dwelling units contained within a single residential structure which share common walls from ground to ceiling along the side property lines; sometimes called a townhouse or row house. Typically, those units in the middle of a row shall have a zero lot line common wall with a unit on either side; and those units on either end of the row of townhomes shall have one common wall at zero lot line and the required setback of the zoning district on the other. Excludes 'Duets'.
Residential dwelling unit—Single-family detached means a dwelling, set on a separate lot, which shares no common walls with another house or dwelling.
Restaurant means a retail business selling food and beverages prepared on the site, where customers are able to consume the products on-premise even if products are purchased to be consumed off site.
Retail stores, general merchandise sales means retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include but are not limited to:
♦ Artists' supplies
♦ Auto parts (not repair or machine shops)
♦ Bakeries (retail only)
♦ Bicycles
♦ Books
♦ Cameras and photographic supplies
♦ Clothing and accessories
♦ Department stores
♦ Drug and discount stores
♦ Dry goods
♦ Fabrics and sewing supplies
♦ Florists and houseplants stores (indoor sales only—Outdoor sales are "Plant Nurseries") ♦ Sporting goods and equipment
♦ General stores
♦ Gifts, novelties and souveniers
♦ Hardware
♦ Handcrafted items (stores may include crafting operations subordinate to sales) ♦ Hobby materials
♦ Jewelry
♦ Luggage and leather goods
♦ Musical instruments, parts and accessories
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♦ Newsstands
♦ Orthopedic supplies
♦ Pet stores
♦ Religious goods
♦ Small wares
♦ Specialty shops
♦ Stationery
♦ Toys and games
♦ Variety stores
Roadside stands for agricultural products means accessory open structures not more than 400 square feet, 20 feet deep and 15 feet high for the retail sale of agricultural products (except hay, grain and feed sales included under "Farm Equipment and Supplies") located on the site or in the area of the property where the products being sold were grown. Does not include field sales or agricultural products, which is included under "Crop Production."
Rooming house and boarding house means the renting of individual bedrooms within a dwelling to one or more persons whether or not meals are provided generally a rooming house provides meals.
Schools—College and university means community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training.
Schools—Elementary means public and private elementary, middle, and junior high schools serving kindergarten through eighth or nineth grade students, including denominational and sectarian.
Pre-schools and child day care are included under the definitions of "Child Day Care Centers" and "Family Care Homes."
Schools—Secondary means public and private high schools serving grades nine or ten through 12, including boarding schools and military academies.
Schools—Specialized education and training means business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized non-degree granting schools offering subjects including: art, drama, language, music, driver education, ballet and other dance. Also includes seminaries and other facilities exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as exa mples).
Scrap and dismantling yards means outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within structures; pawn shops and other secondhand stores; the sale of operative used cars; or terminal waste disposal sites.
Second hand stores means indoor retail establishments that buy and sell used products, including but not limited to books, clothing, furniture and household goods. The sale of cars and other used vehicles is included under "Auto, Mobile Home, Vehicle and Parts Sales." Senior congregate care housing means a structure serving as a residence for a group of senior citizens 60 years of age or more) with central or private kitchen, dining, recreational and other E.2.e
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facilities, with separate bedrooms or living quarters. Limited medical care and supervision may also be provided, where the emphasis of the facility remains residential.
Senior housing means housing that is available only to seniors, in accordance with state and federal housing laws and guidelines.
Service station means a retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and repair services incidental to fuel sales. May also include accessory towing and trailer rental services, but not the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle stora ge or parking spaces.
Setback line means a line established by this title to govern the placement of buildings or structures with respect to lot lines, street or alleys.
Shipping container means a receptacle designed to transport materials over long distances using multi-modal transport such as ships, railroad cars, and trucks. The receptacles are typically constructed of corrugated steel and are eight feet in width and 20 feet in length or larger.
Shopping center means a group of commercial establishments designed, built and managed as a unit. It provides on-site parking in proportion to the size, type and number of stores in the center.
Site means a lot or adjoining lots under single ownership or single control, considered a unit for the purposes of development or other use.
Small family day care homes. See "Child Day Care Facilities." Sport facilities and outdoor public assembly means indoor and outdoor facilities for spectator- oriented sports, and other outdoor public assembly facilities for outdoor theater and concerts, which include: amphitheaters; stadiums and coliseums; arenas and field houses; race tracks; motorcycle racing and drag strips; and other sports that are considered commercial.
Stock cooperative means a development defined by Section 11003.2 of the Business and Professions Code and Section 1351(m) of the Civil Code, where a corporation is formed to hold title to improved real property and the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property.
Stone and cut stone products manufacturing means establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.
Storage, accessory means the indoor storage of various materials on a site where the principal use is not storage, where the storage supports the activities or conduct of the principal use. Includes the storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use.
Storage, outdoor means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
Storage, personal storage facility means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented or owned as individual storage spaces and characterized by low parking demand.
Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
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Street means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any o ther thoroughfare except an alley as defined herein.
Structure means anything constructed or erected, the use of which requires location on or in the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes "buildings."
Structural alteration means any construction, reconstruction, alteration, demolition, removal of, or additions to, the supporting members of a building or structure, including, but not limited to, bearing walls, columns, beams, girders, rafters, or joists.
Structural clay and pottery products manufacturing means establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Handicraft Industries and Small Scale Manufacturing" or "Home Occupations." Textile and leather products manufacturing means establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yarn, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles; and upholstery manufacturing.
Theaters and meeting halls means indoor facilities for public assembly and group entertainment, other than sporting events, including: public and semi -public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. Outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events are included under the definition of "Sport Facilities and Outdoor Public Assembly." Transit stations and terminals means passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.
Trailer and camp trailer means any vehicle constructed in such a manner as to permit temporary occupancy thereof as sleeping quarters (i.e., camp trailer) or the conduct of any business, trade or occupation or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is mounted on wheels and may be used as conveyance on highways and streets, propelled or drawn by other motor power. C amp trailers are considered structures for the purpose of this title when they are parked in a trailer camp or park.
Trailer camp and trailer park means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers.
Use, accessory means a use subordinate and incidental to the principal use of the same building site which does not alter the essential characteristics of the use considered as a whole or as related to other uses permitted in the same district.
Use, principal means any use which is not specifically defined and listed as an accessory use and which is the primary intended purpose for the building site.
Yard, front means a yard extending across the front of the lot between the side yard lines and measured from the front line of the lot to the nearest line of the building; provided, however, that if any official plan line has been established for the street upon which the lot fronts, the front yard measurement shall be taken from such official plan line to the nearest line of the building.
Yard, rear means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.
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Yard, side means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.
Variance means a permit issued to a landowner to construct a structure or engage in some action not otherwise permitted under the regulations of this title.
Vehicle and freight terminals means transportation establishments furnishing services incidental to transportation including: freight forwarding services; transportation arrangement services; packing, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; and postal service bulk mailing distribution centers.
Includes rail, air and motor freight transportation.
Vehicle repair, major means a place providing a full range of repair and maintenance services for motor vehicles, including any of the following:
1. Cylinder head replacement;
2. Valve grinding or replacement;
3. Clutch replacement;
4. Repair, replace transmission, rear end, rear axles, king pins;
5. Body work;
6. Engine, motor or transmission removal;
7. Fuel tank repair;
8. Radiator or heater core repair or replacement;
9. Painting;
10. Repair activities requiring the use of open flame or welding;
11. Exhaust system repair;
12. Repair activities requiring entry into the engine block;
13. Upholstery; or
14. Any repair activity not listed as minor vehicle repair.
Vehicle repair, minor means a place performing the following repair and maintenance services for motor vehicles not exceeding a gross vehicle weight of five tons carrying capacity, including any of the following:
1. Tune-ups. Major and minor tune-up involving spark plugs, points, condensers, valve adjustments, carburetor overhauls, adjustment of fuel injection systems, fuel pumps, and all necessary filters;
2. Lubrication. Oil changes and filter replacement, transmission and rear end oil changes;
3. Cooling System. Replacement of water pumps, heaters, and other hoses; replace thermostats; recharge air conditioners;
4. Drive Train. Replacement of driveshaft universal bearings, center support bushing, accelerator and brake cables; minor repair of hydraulic systems; replacement of shock absorbers;
5. Brakes. Remove and replace shoes and brake pads; rebuild master and wheel cylinders and disc caliper; adjustment of brakes; machine work related to turning of drums or discs;
6. Wheels. Adjustment of steering box; replacement of rubber bushings in suspension; wheel balancing; wheel alignment; replacement of wheel bearings; tire changes and repairs;
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7. Electrical. Battery charging; remove, repair, and replace starters, alternators, generators, and regulators; rewiring of automobile and lights; repair or replacement of gauges; installation of radios;
8. Smog Checks;
9. Fuel System. Change and repair of fuel lines; replace fuel gauge sending unit; or
10. Any activity combining minor and major motor vehicle repair shall be defined as "Major Vehicle Repair." Excludes any activity that involves welding or an open flame, a paint booth, or repairs that typically require keeping a car for more than one day.
Vehicle sales and services means the sale or rental of automobiles, motorcycles, trucks, and recreational vehicles including display areas, incidental storage, and maintenance.
Vehicle storage means lots for the storage and parking of tow-away and towed vehicles, impound yards, and storage lots for vehicles, trucks, buses, and recreat ional vehicles. Excludes salvage and wrecking operations. Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards (classified in "Recycling, Scrap and Dismantling Yards").
Vehicle washing means the washing, waxing, detailing, or cleaning of automobiles or vehicles equal to or less than one-half ton including the use of mechanical automobile washers.
Veterinary clinics and animal hospitals means office and entirely indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.
See also "Kennels and Animal Boarding."
Warehouse retail stores means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees.
Warehousing means facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public, which are inclu ded under "Storage, Personal Storage Facilities;" or warehouse facilities where the primary purpose of storage is for wholesaling and distribution (which is separately defined). Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals").
Wholesaling and distribution means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies.
Includes: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of f arm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies a marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
17.04.010 Purpose.
This article provides regulations applicable to development and new land uses in the residential zoning districts established by Section 17.02.030 (Zoning Districts Established). The purposes of the individual residential zoning districts are as follows:
A. RE (Residential Estate) District. The Residential Estate (RE) Zoning District provides for residential development at densities up to one dwelling unit per five net acres; it is intended to provide for very low intensity residential development. The RE District is intended to provide sites for larger, distinctive E.2.e
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residences. The RE Zoning District is consistent with the Residential Estate (RE) land use category of the General Plan.
B. R1 (Low Density Residential) District. The Low Density Residential (R1) Zoning District includes areas substantially developed with existing single-family residential residences prior to 2005 with densities of four to six dwelling units per net acres. The R1 Zoning District is consistent with the Low Density Residential (LDR) land use category of the General Plan which now allows one to eight units per net acre.
C. R2 (Two-Family Residential) District. The Two-Family Residential (R2) Zoning District provides for duplexes or two-family dwellings. Areas designated R2 were substantially developed prior to 2005 with two single-family residential units on a lot or duplexes. The R2 Zoning District is consistent with the Medium Density Residential (MDR) land use category of the General Plan.
D. R3 (Medium Density Residential) District. The Medium Density Residential (R3) Zoning District provides for medium and medium-to high-density residential development at densities from eight to 16 12 dwelling units per net acres.
Areas designated R3 were substantially developed prior to 2005 and are generally characterized by apartments and other high-density residential development, and planned residential development at a density of 16 12 dwelling units per acre. The R3 Zoning District is consistent with the Medium Density Residential (MDR) and High Density Residential (HDR) land use categories of the General Plan.
E. R4 (High Density Residential) District. The High Density Residential (R4) Zoning District provides for high-density residential development at densities from 12 to 35 dwelling units per net acre. Areas designated R4 were substantially developed prior to 2005 and are generally characterized by apartments and other high density residential development, and planned residential development at a density of 16 or more dwelling units per acre. The R4 Zoning District is consistent with the High Density Residential (HDR) land use category of the General Plan.
F. R4-20 (High Density Multifamily Residential) District. The High Density Multifamily Residential R4-20 Zoning District provides for multifamily residential development at densities from 20 to 35 dwelling units per net acre. Areas designated R4-20 are intended to be developed solely for high density residential multifamily housing. The R4 Zoning District is consistent with the High Density Residential (HDR) land use category of the General Plan. The Planning Commission may waive the minimum density requirement for a development proposal with 100 percent multifamily affordable housing in the R4, R4-20, and OT-H Zoning Districts where it is demonstrated that the minimum density standard poses a constraint to the viability of the development. The manager's unit may be excluded from the affordability requirement. A conditional use permit shall be required for approval of the waiver.
G. Residential Performance Overlay Zone District (R1 L/PZ, R3 M/PZ and R4 H/PZ). This overlay district (see Chapter 17.14 Overlay Zoning District) applies to vacant land within the city of Hollister. The intent of the overlay district is to foster development that meets the range of densities for the General Plan land use designation with the option for flexible standards to implement policies and programs in the General Plan that call for the following:
1. A variety of lot sizes and choices for housing types in all zoning districts;
2. New development with interesting street patterns, site planning and neighborhood design;
3. Connections of the new development with the rest of the City for pedestrians and bicyclists;
4. Incorporation of on-site recreation, pedestrian links between adjoining properties, trails or easements in the vicinity of drainages and water courses in new development;
5. Clustered development that meets the average general plan density for the property while avoiding development in areas with environmental constraints such as flood, seismic, and liquefaction problems, or a special habitat area;
6. Lot design and building orientation to provide solar access; E.2.e
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7. Sensitive integration of the scale and mass of new development preserves the character and scale of existing residential neighborhoods.
Lands with the R1 L/PZ overlay zone predominantly include vacant land within the city of Hollister in the Low Density Residential (one to eight units per net acre) land use category of the General Plan. An average development density of one to eight units per net acre is now required in this overlay zone with a targeted density of at least six units per net acre. Please refer to Section 17.14.020 for Performance Overlay densities performance standards and development requirements.
H. OT (Old Town) District. The Old Town (OT) Zoning District applies to the residential neighborhoods that include the original town of Hollister, as laid out by the San Justo Homestead Association, its early subdivisions, and adjacent older residential areas. Within this district are numerous lots of unusual size and shape, many of which were originally designed to accommodate stables, barns and other outbuildings. In addition, many areas of this district are occupied by a varied mix of residential types and densities. The majority of the housing stock was constructed prior to World War I I. Some of the homes in this district are listed in the National Monterey Street Historic District. South of Fourth Street, the OldTown (OT-M) Zoning District is consistent with the Medium Density Residential land use category of the General Plan with residential development densities from eight to 12 dwelling units per net acre. Areas within the OT-M district could have single-family homes, duplexes, fourplex, cottages and housing on small lots. This district also encompasses the General Plan Old Town Spec ial Planning Area. North of Fourth Street, the Old Town (OT-H) district is consistent with the High Density Residential category of the General Plan with residential development densities from 12 to 35 dwelling units per net acre. The Old Town-H district provides for infill development of small lots, apartments and other high density residential development.
The additional purpose of the OT-M district is to provide for the infill of detached single-family dwellings on small lots and small scale medium-density dwellings where the minimum density is not less than eight units per net acre and the maximum density is not more than 12 units per net acre without density bonus. The additional purpose of the OT-H district is to provide for the infill of detached, attached, medium-density and multifamily dwellings where the minimum density is not less than 16 units per net acre and the maximum density is not more 35 units per net acre without density bonus.
I. RWF (Residential, West Fairview Road) District. The RWF (West Fairview Road district) establishes zoning regulations for the area defined by the West Fairview Road Specific Plan. The West Fairview Road Specific Plan provides for comprehensive land use, circulation and infrastructure plans, development and design policies, housing strategies and implementation programs for guiding and ensuring the orderly development of the Plan area.
17.04.020 Residential zone land uses and permit requirements.
The following Table 17.04-1 identifies the uses of land allowed by this Zoning Ordinance in each residential zone, and the land use permit required to establish each use, in compliance with this chapter.
Table 17.04-1 Residential Land Uses and Permit Requirements Land Use1 RE R1 R2 R3 R4 R4-
20 PZ
(16)
OT-M OT-H RWF
Residential Uses
Agricultural Employee
Housing
1-4 Employees
4+ Employees
P
CUP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
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Apartments NP NP NP S&A S&A S&A S&A S&A S&A S&A Condominiums (15) NP NP NP S&A S&A S&A S&A S&A S&A NP Duets NP NP NP S&A S&A NP S&A S&A S&A S&A
Duplex NP NP
S&A
S&A S&A S&A NP S&A S&A(5) S&A(5) P(4)
Home Occupation (1) P P P P P P P P P P
Manufactured Home (2) P P P P NP NP P P P P
Mobile Home (3) P P P P NP NP P P P P
Mobile Home Parks NP NP
Residential Accessory
Uses and Structures
Less than 120 sq. ft.
(13)
More than 120 sq. ft.
(14)
Higher than 15 feet
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
P
BP
CUP
Residential Care Homes
6 or fewer
7 or more
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
P
CUP
Accessory Dwelling
Units (6)
P P See
Note
7 See
Note
7 See
Note
7 NP P See
Note 7
See
Note 7
P
Single-Family—
Attached
NP NP NP S&A S&A S&A S&A S&A S&A NP
Single-Family—
Detached
P P NP
(8)
P NP
(8)
NP P P (8) CUP
(8)
P
Small Lot Housing NP APR NP S&A S&A NP S&A S&A S&A P Supportive Housing
Facility
7 or fewer
8 or more
Triplex, Fourplex NP NP NP S&A S&A S&A S&A S&A
(5)
S&A
(5)
S&A
(4)
Retail Uses
Bed and Breakfast Inns
(9)
NP NP NP NP NP NP CUP CUP CUP NP
Kennels CUP NP NP NP NP NP NP NP NP NP
Small Neighborhood
Market and
Convenience
CUP CUP CUP CUP CUP CUP CUP CUP CUP NP
Services, Public and
Semipublic Uses
Ambulance Services NP NP NP NP NP NP NP NP NP NP Clubs and Lodges CUP CUP NP NP NP NP CUP CUP CUP NP E.2.e
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Convalescent
Hospitals/Nursing
Homes (10)
CUP CUP CUP CUP CUP NP CUP CUP CUP CUP
Cultural Institutions
(Library, Museum)
CUP APR NP NP NP NP CUP CUP CUP NP
Child Day Care
Small Family
Large Family (11)
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
P
APR
Child Day Care Centers
(lot size greater than
one acre)
CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Hospitals (10) CUP CUP NP NP NP NP NP NP NP NP Libraries, Museums CUP CUP CUP CUP CUP NP CUP CUP CUP CUP Park and Recreation
Facilities
CUP CUP CUP CUP CUP NP CUP CUP CUP CUP
Parking Lots and
Structures
NP NP NP S&A S&A NP S&A S&A S&A NP
Religious Assembly (12) P P P P P NP P P P P
Schools—Public/Private CUP CUP CUP CUP CUP NP CUP CUP CUP CUP Telecommunications
Facilities
Major
Minor
Public Utility or Safety
Facilities (10)
Utilities—Minor
NP
P
CUP
P
NP
P
CUP
P
NP
P
CUP
P
NP
CUP
P
NP
CUP
P
NP
CUP
P
NP
CUP
P
NP
CUP
P
NP
CUP
P
NP
CUP
P
1 Permit Requirement
P Permitted use in zoning district. It is the responsibility of the building owner, or lessee to secure any permits or complete tenant improvements to assure that the use complies with applicable federal, state and local requirements.
AP Administrative Permit issued at Development Services Department.
APR Administrative Permit Review and approval by the Development Review Committee (DRC) for compliance with standards without a public hearing. mTUP Minor Temporary Use Permit.
MTUP Major Temporary Use Permit.
CUP Conditional Use Permit required with Planning Commission approval.
S&A Site and Architectural Review required with Planning Commission approval.
NP Not Permitted.
Additional Use Regulations and Notes:
(1) See Section 17.22.130 (Home Occupations) for uses allowed and permit requirements. (2) Manufactured homes permitted on a permanent foundation subject to standards for the applicable district. (3) Mobile homes permitted on a permanent foundation where the development complies with the residential development standards and the minimum development density for the applicable district.
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(4) These types of housing are permitted in the RWF zoning district provided the overall density standards for the Specific Plan are met. (5) On corner lots, an entrance shall be oriented to each street frontage. On interior lots, the unit shall be designed to maintain a single-family residential appearance from the street frontage with access to the second unit, parking and utilities concealed from the street. (6) Accessory dwelling units are permitted where performance standards in Section 17.22.040 (Accessory dwelling units) can be met. Accessory dwelling units are permitted only on lots occupied by one existing or proposed detached single-family dwelling. (7) Permitted where a single-family residence was established on a legal lot that is less than 8,000 square feet in size and the accessory second unit complies with the standards in Section 17.22.040 (Accessory dwelling units) and there is future multifamily development on the parcel or lot consolidation with adjoining parcels to accommodate future multifamily development. (8) An existing single-family home that is the only dwelling on a parcel that was lawfully constructed and involuntarily damaged or destroyed by fire or other calamity may be rebuilt.
(9) See Section 17.22.080 for bed and breakfast requirements. (10) Establishment of the land use is prohibited if the property is located in the Flood Hazard Overlay zone. (11) See Section 17.22.140 (Large family child care homes) requirements. (12) Places of religious worship allowed provided all the conditions in Section 17.22.180 (Religious assembly) are met. (13) Setback is 18 inches for structures less than 120 square feet or eight feet high. (14) Setback is five feet for accessory structures more than 120 square feet or eight feet high. A three-foot setback may be allowed for a structure with a fire wall that complies with the California Building Code. (15) See Chapter 16.17 "Conversion of multifamily rental units" for information on condominium conversion requirements. (16) All projects within the performance overlay (PZ) zoning district which utilize the standards of the performance overlay which do not meet the standards of the base zoning district, shall be subject to conditional use permit approval by the planning commission in addition to any other entitlement requirements.
17.04.030 Residential general development standards.
New land uses and structures, and alterations to existing uses or structures shall be designed and constructed in compliance with the following requirements in Table 17.04-2 Residential Lot Size, Lot Area, and Density Requirements by District, Table 17.04-3 Residential Standards for Lot Width, Depth, Coverage and Building Height, Table 17.04-4 Residential Standards for Yards, and standards in Section 17.04.060(C) (West Fairview Road Standards) of this chapter.
A. General Site Planning and Development Standards for Existing Dev eloped Areas and New Residential Development. Infill, new land uses and structures, and alterations to existing land uses and structures, shall be designed and constructed in compliance with the following requirements.
Sense of Place. New residential development shall reinforce the small town-character of Hollister and reinforce a sense of place with the following strategies:
1. The majority of the architectural entry features shall face the street. Front porches are encouraged to promote natural surveillance.
2. Developments shall incorporate varied lot widths, size and floor plans on a street block.
3. Encourage the Performance Overlay Zoning District as an alternative development pattern to integrate a variety of housing types and densities within a block.
4. Encourage residences with attached porches and garages placed back from the street or accessed from rear alleys to promote visual interest, neighborhood interaction, and facilitate natural surveillance.
5. Require variation of design of residences in tract developments to reduce monotony and create variety and interest. A reasonable difference in the massing and composition (not just finish) of each adjacent dwelling unit shall be accomplished. One design should not be repeated more frequently than each fourth dwelling unit. Each street block shall also include a variety of model elevations.
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6. Neck down or bulbed intersections with decorative paving at crosswalks are encouraged at primary intersections, parks or tot lots.
7. Allow with a conditional use permit the establishment of small scale neighborhood markets to promote a sense of community and a pedestrian friendly walkable community.
8. The height and mass of new structures shall be consistent with those of the adjacent properties in the neighborhood.
B. Parking/Garages.
1. Garage doors shall be adequately set back to keep the sidewalk clear of vehicles at all times.
2. Front entry garages shall be recessed behind the street façade of the principal residential structure except for side-entry garages.
3. Variation of garage placement on a lot shall be incorporated into major subdivision designs.
Garages that are located behind the principal residential structure or are rear-entry accessible from alleys are strongly encouraged to reduce the visual prominence of the garage on the streetscape.
a. Tandem garages should be encouraged as an alternative to three-car garages. b. Three-car garages shall not be allowed on lots with widths of less than 60 feet unless the garage is detached and recessed behind the residence.
c. A perpendicular deviation of no more that five feet between the driveway lip and the main garage entry shall be required to avoid egress back-up hazards.
4. Multifamily developments shall be oriented to the street, with covered architectural entry features or front porches that provide direct access to the street. Parking areas should be located to the rear of the dwelling units wherever possible in order to promote neighborhood interaction, provide "eyes on the street", and ensure a more pedestrian- friendly streetscape.
C. Connection shall be incorporated into residential development to collector/arterial streets, public facilities, shopping or residential neighborhoods to provide connectivity between neighborhoods, safe routes to schools and a healthy community in compliance with Section 17.18.030, General pedestrian, bicycle and parking regulations.
1. A grid or loop street network shall be required instead of cul-de-sacs. Where cul-de-sac streets are located due to existing development patterns, terrain or traffic safety, the length shall be limited to 400 feet.
2. A 20-foot wide pedestrian/bicycle/transit connection shall be integrated into cul-de-sacs and subdivision designs where loop streets or cul-de-sacs impede direct access to surrounding properties.
D. Accessible Construction.
1. At least ten percent of the residences in a major subdivision shall include provisions for one accessible entry, bedroom and bathroom.
2. At least ten percent of the dwelling units in a multifamily housing development shall incorporate at least one accessible entry, bedroom and bathroom.
E. Energy Efficiency. Solar access to surrounding properties shall be maintained through the siting and orientation of buildings and two- and/or three-story residences.
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F. Front Yard Paving. The use of pervious paving is preferred in the front yard. Impervious solid surfaces such as poured concrete, asphalt and mortared paving (e.g., brick or tile) shall be limited to the driveways not to exceed 20 feet in width for a single family residence and six -foot wide walkways to the front door and side yards. Paving materials that allow water to penetrate to the subsurface may be allowed in other parts of the front yard. Increases in the amount of allowable solid surface paving may be approved with an Administrative Permit from the Engineering Department if necessary to provide safe ingress and egress to the site or for health and safety.
G. Consolidation of Parcels. Prior to the approval for a development of any multi-unit development project that includes more than one parcel, the parcels shall be merged, or otherwise consolidated, in a manner consistent with the city of Hollister subdivision ordinance and Subdivision Map Act. The intent of this requirement is to provide a guarantee of common ownership, maintenance and management of multi-unit projects.
Table 17.04-2 Residential Lot Size, Lot Area, and Density Requirements by District Residential District
Minimum Lot Size (5)
Lot Area per
Dwelling Unit
(Minimum)
Residential Density (1),
(2), (7)
(RE) Residential
Estate
5 acres 5 acres 1 housing unit per five
net acres
(R1) Low Density
Residential District (2)
Interior: 5,500 sq. ft.
Corner: 6,500 sq. ft.
1 housing unit per
5,400 sq. ft. of site area
1 to 8 units per acre
but min. of 4 units per
acre preferred
(R2) Two-Family
Residential District (5)
8,000 sq. ft. per 2 units Min. of 8 units per acre
with a max. of 12 units
per acre
(R3) Medium Density
Residential District (5)
1 unit: 5,000 sq. ft.
2 units: 6,800 sq. ft.
3 units: 10,000 sq. ft.
Parcels of 10,000 sq. ft.
or more shall be
developed at a ratio of
3 dwelling units for the
first 10,000 sq. ft. and
3,600 sq. ft. for each
additional unit
Attached: 3,600 sq. ft.
Detached: 2,500 sq. ft.
Min. of 8 units per acre
with a max. of 12 units
per net acre
(R4) High Density
Residential
District (5) (8)
1 unit: 4,000 sq. ft.
2 units: 6,000 sq. ft.
3 units: 8,000 sq. ft.
Parcels of 8,000 sq. ft.
or more shall be
developed at a ratio of
3 dwelling units for the
first 8,000 sq. ft. and
1,240 sq. ft. for each
additional unit
2,900 sq. ft. Min. of 12 units per
acre with a max. of 35
units per net acre
(R4-20) High Density
Multifamily
One acre 2,900 sq. ft. Min. of 20 units per
acre with a max. of 35
units per net acre
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Residential
District (5)
(OT-M) Old Town—
Medium Density
Residential (6)
1 unit: 5,000 sq. ft.
2 units: 6,800 sq. ft.
3 units: 10,000 sq. ft.
Parcels of 10,000 sq. ft.
or more shall be
developed at a ratio of
3 dwelling units for the
first 10,000 sq. ft. and
3,600 sq. ft. for each
additional unit
Attached: 3,600 sq. ft.
Detached: 2,500 sq. ft.
Min. of 8 units per acre
with a max. of 12 units
per net acre
(OT-H) Old Town High
Density
Residential (6)
1 unit: 4,000 sq. ft.
2 units: 6,000 sq. ft.
3 units: 8,000 sq. ft.
Parcels of 8,000 sq. ft.
or more shall be
developed at a ratio of
3 dwelling units for the
first 8,000 sq. ft. and
1,240 sq. ft. for each
additional unit
1 bedroom/studio:
1,600 sq. ft.
2+ bedrooms: 12-16
units, 2,900 sq. ft.
16-35 units: 2,200 sq.
ft.
Min. of 12 units per
acre with a max. of 35
units per net acre
West Fairview Road
(RWF)
See Section
17.04.070(C)(1)
See Section
17.04.070(C)(1)
See Section
17.04.070(C)(1)
Notes:
(1) Residential density does not include a density bonus. (2) Lots in the Monica Estates subdivision Tract 180 shall be considered conforming for minimum lot size. (3) Minimum lot size may be reduced when the exclusive use of such lots is intended for utility substations, pumping stations, and other similar facilities.
(4) Minimum area for lots proposed in new subdivisions, and the minimum area required for an existing lot of record to be eligible for development may be altered with performance agreement provided the average development density before a density bonus complies the applicable General Plan land use designation.
(5) Partially developed parcels with potential for infill development may be subdivided without a growth management allocation if the Planning Commission can make the following findings: (a) the minimum lot size of an existing residential use shall be at least 5,000 square feet and the setback requirements for the R1 district can be met; (b) the orientation of the single-family home will help support the existing residential character and scale of the area; (c) there is adequate access to the new lot; (d) the standards for the applicable zoning district can be met with the proposed lot design and location of the infill parcel. (6) An exception to the minimum lot size in the Old Town District may be allowed if the Planning Commission can make the following findings:
(a) the subdivision includes at least one or two existing residences that have been included on a list of historic structures approved by the Hollister City Council or include defining characteristics to qualify for a list; (b) the location of the existing residences will comply with side yard setback requirements after the subdivision; (c) A deed restriction is recorded on the property that prohibits the demolition of the historic structure for at least ten years. (7) The Planning Commission may waive the minimum density requirement for a development proposal with 100 percent multifamily affordable housing in the R4, R4-20, and OT-H Zoning Districts where it is demonstrated that the minimum density standard poses a constraint to the viability of the development. The manager's unit may be excluded from the affordability requirement. A conditional use permit shall be required for approval of the waiver. (8) An existing single-family home that is the only dwelling on a parcel that was lawfully constructed and involuntarily damaged or destroyed by fire or other calamity may be rebuilt.
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(9) For lot sizes under one-half acre, that have been lawfully established prior to the effective date of the ordinance codified in this chapter, and the number of dwelling units in a multiple dwelling or dwelling group do not exceed the number obtained by dividing the area of the building site by 2,000, adjusting any fractional result where the fraction is equal to or less than one-half to the next lower whole number, may be rebuilt if involuntarily damaged or partially damaged by a fire or other calamity. (10) For lot sizes over one-half acre, that have been lawfully established prior to the effective date of the ordinance codified in this chapter, and the number of dwelling units in a multiple dwelling or dwelling group do not exceed the range expressed by the total acreage multiplied by 16, adjusting any fractional result where the fraction is equal to or less than one-half to the next lower whole number, may be rebuilt if involuntarily damaged or partially damaged by a fire or other calamity. (11) For lot sizes under the minimum lot size, but not under the "Lot area per dwelling unit (minimum)" that have been lawfully established prior to the effective date of the ordinance codified in this chapter, and the existing single-family home that is the only dwelling on the parcel is damaged or destroyed by any means, it may be restored and used in conformity with the provisions of the district in which it is located.
(12) Where the minimum lot size conflicts with the density established under the General Plan, the density of the General Plan shall take precedence.
17.04.050 Old Town Zoning District supplemental design standards.
A. Architecture and Site Design. The Old Town Zoning District encompasses an area that is characterized primarily by buildings constructed before the founding of Hollister in 1876 to just before World War II. The buildings in the area include a variety of architectural styles and range of sizes. They also reflect an integration of income levels and social classes within the neighborhoods. Some of the homes interspersed in the area were constructed after World War II and have a contemporary style. Although these are established neighborhoods, there remain opportunities for infill development within the Old Town zone district. Infill development must compliment the scale and architecture of the area.
The purpose of these design standards is to promote infill development that reflects the architectural styles and site development patterns that were used prior to World War II. These standards are intended to promote structures with a style and massing that are complimentary and compatible with earlier architectural styles of the area. Structures shall be sited to be compatible with predominate p attern in a block as observed from the street frontage of the block.
1. Single-Family Dwellings. New single-family dwellings in the OT zone district shall be in keeping and compatible with one of the following representative architectural styles of the area: American Foursquare, Craftsman, Gothic Revival, Italianate, Mediterranean Revival, Mission Revival, Neo- Classical Revival, Prairie Style, Queen Anne, Shingle Style, Tudor Revival.
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Fig. 17.04-01 Architectural Styles
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Fig. 17.04-02 Architectural Styles
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Fig. 17.04-03 Architectural Styles
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Fig. 17.04-04 Architectural Styles
a. Design Standards.
i. Raised foundations;
ii. Articulated or modulated fronts with porches or entrance stoops; iii. Steps leading to a front porch or stoop;
iv. Distinctive front entrances facing the street;
v. Mixture of siding materials that terminate or transition at appropriate locations; vi. Distinctive ornamentation;
vii. Variety of roof forms;
viii. Garages or carports shall be set back behind the front of the house or accessed from an alley.
b. Additions to existing structures shall be designed to integrate with the existing building and incorporate its defining architectural characteristics and details. It is preferred that materials match those used when the building was originally constructed; however, suitable alternatives will be considered on a case by case basis with material, appearance, application, and location all given consideration.
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Title 17 Amendments
2. Medium Density Dwellings. Medium density residential infill projects shall be designed to integrate with adjoining properties and the neighborhood. Multifamily residential buildings shall incorporate the characteristics of the early architectural styles of the Old Town area. In the Old Town M District (eight to 12 units per net acre), permitted building types include single-family dwellings, cottage homes, small lot developments and duplexes. Additional building types allowed in the Old Town H district (12 to 35 units per net acre) also include multiple dwellings. Townhouse, row house and condominium projects have the potential to conflict with the historic character of the district and are discouraged but may be allowed with approval by the Planning Commission of a Site and Architectural Review if the site organization, architecture and massing of buildings is harmonious with the defining characteristics of the Old Town District and standards and guidelines in this section. a. Design Standards.
i. Front façades shall be similar in scale to single-family residential structures; ii. Individual units shall be distinguishable from others in the development; iii. Front entrances to units shall be distinguished and include porches or stoops; iv. Street-facing façades shall relate to the streetscape by including front entrances, windows and elements that mitigate the mass of a structure. Large walls with no opening or articulation shall not be allowed;
v. Parking areas and structures shall not be located at the street side of site; vi. Large (in excess of 25 feet) unbroken wall planes shall not be permitted; vii. Roofs shall incorporate a variety of forms that relate to the building's footprint and entrance locations;
viii. A variety of materials shall be employed to differentiate units and mitigate massing or unbroken wall segments;
ix. Utility meters, trash enclosures, and storage areas shall be located at the rear of a building or screened from view;
x. Detached units are encouraged to mitigate the massing of a project; xi. Courtyard access to allow connections to the street, other units, parking and service areas are encouraged.
b. Key design elements that will be considered when reviewing a residential infill development project will include:
i. Does the architecture of the proposal relate to the architectural style of structures on adjoining properties and other structures in the block it is located? ii. Have neighboring structures been sited in a pattern or rhythm and does the proposal follow or compliment that pattern?
iii. Is the height of the proposed structure in keeping with established building heights in the area?
iv. Is the project a significant change for the neighborhood? Will the change set an example for future projects to follow?
B. Parking Structures and Access. Wherever possible, access should be directed to an alley. On parcels without alley access, driveways shall be on the side yard the garage recessed behind the main house. Driveways should not exceed 16 feet in width.
1. Interior Lots. Garages in multifamily developments shall be accessible from alleys or the interior of the development and shall be oriented way from public streets.
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Title 17 Amendments
2. Parking. Parking shall be directed to rear alleys, the side, and interior or rear yard o f lots to maintain the predominant street pattern in the Old Town area. Parking courts shall be screened from view with landscaping or interesting architectural elements that provide visual interest for pedestrians. The use of permeable paving is encouraged.
C. Landscaping and Street Trees.
1. Existing Trees. Existing trees greater than four inches in diameter at a distance of four feet above grade shall be retained and incorporated into site development. a. Front Yard. All front yards shall be landscaped and include at least one tree. b. Street Trees. Each street frontage of a site shall be planted with one tree from the Old Town street tree list as approved and updated from time to time by the city of Hollister. Location of trees shall be subject to the approval by appropriate City staff, taking that shall take into consideration such things as and utility locations, driveway placement, and other circumstances that may affect improvements in the area as well as the health and condition of the trees and improvements in the area.
c. Planter Strips. Planter strips adjacent to the street shall be landscaped. Paving coverage in planter strips shall not 20 percent of the aggregate planter strip area.
17.14.010 Residential Performance Overlay Zoning District.
A. Residential Performance Overlay Zone District (R1 L/PZ, R3 M/PZ and R4 H/PZ): This overlay district applies to vacant land within the city of Hollister. The intent of the overlay district is to foster development that meets the range of densities for the General Plan land use designation with the option for flexible standards to implement policies and programs in the General Plan that call for the following:
1. A variety of lot sizes and choices for housing types in all residential zoning districts;
2. New development with interesting street patterns, site planning and neighborhood design;
3. Connections among new neighborhoods with the rest of the City for pedestrians and bicyclists;
4. Incorporation of on-site recreation, pedestrian links between adjoining properties, trails or easements in the vicinity of drainages and water courses in new development;
5. Clustered development that meets the average General Plan density for the property while avoiding development in areas with environmental constraints (e.g., flood, seismic, liquefaction, and habitat);
6. Lot design and building orientation to provide solar access;
7. Ensure that the scale and mass of new development preserves the character and scale of existing residential neighborhoods.
Lands within the R1 L/PZ overlay zone predominantly include vacant land within the city of Hollister in the low density residential (one to eight units per net acre) land use category of the General Plan. An average development density of one to eight units per net acre is required in this overlay zone with a targeted minimum density of at least six units per net acre.
Areas with the R3 M/PZ overlay zone comprise vacant land within the city of Hollister in the medium density residential (eight to 12 units per net acre) land use category of the General Plan. An average development density of eight to 12 units per net acre is required in this overlay zone.
Areas included in the R4-H/PZ overlay zone encompass vacant land within the city of Hollister in the high density residential (12 to 35 units per net acre) land use category of the General Plan. An average development density of 12 to 35 units per net acre is required in this overlay zone.
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Title 17 Amendments
B. Performance Overlay Zoning District Development Requirements.
1. Lot Size Variation. Lot size may vary from the base zoning district with a Performance Agreement as follows:
a. Lots may be reduced below the minimum of the based zone to not less than 2,500 square feet for lots created where the base General Plan designation is low density residential or medium density residential.
b. The lot size may be reduced to less than two thousand five thousand 2,500 square feet and the building height may be increased to 75 feet where the General Plan designation is high density residential.
2. Performance Agreement. A Performance Agreement shall be required for any subdivision or residential development with a variation in lot sizes allowed by this section. The approved Performance Agreement shall be recorded on each lot as a deed restriction. At a minimum, the recorded Performance Agreement shall include the following:
a. Standards for each lot within the subdivision, including but not limited to lot coverage, yards (front, side and rear) for dwelling units and accessory buildings, landscaping and storage; b. A plan for the shared maintenance of useable open space subject to review and approval of the city of Hollister;
c. A plan for the shared maintenance of private roads, sidewalks, other subdivision improvements subject to the review and approval of the city of Hollister; d. Standards for conversion of accessory buildings or nonhabitable portions of buildings (e.g., garages) for human habitation;
e. The Approved Performance Agreement for the construction of dwelling units shall be in conformance with the requirements of subsection C (Finding for Approval of a Performance Agreement) of this section.
3. Housing Types. The range of housing types and densities allowed in the R1, R2, R3 and R4 Zoning Districts shall be allowed subject to the approved Performance Agreement. These housing types include single family homes, small lot homes, and zero lot line homes, manufactured homes on a permanent foundation, duplexes, triplexes, fourplexes, multi-family homes, condominiums and row houses.
4. Future Subdivision. Since the purpose of the district is to allow flexibility in development design while maintaining the density of the base zoning district, a lot once subdivided and recorded under the provisions of the approved Performance Agreement shall not be further divided or significantly reduced in area unless the lot was created as a "remainder lot" under the provisions of th e California Subdivision Map Act.
5. Minimum Lot Sizes Near Subdivision Boundary. Lots located contiguous to an existing residential development shall be similar in size to the adjoining residential zoning district unless it can be found that one of the following conditions exists:
a. That the project boundary is contiguous to a street; b. That the lot is contiguous to properties within a zoning district and general plan designation with a higher or lower development density and the lot sizes would not have been similar; c. The project boundary will abut open space or a nonresidential land use; d. Transitional setbacks and landscaping is incorporated into the project design to assure that the new development is of a scale and character that will preserve and enhance the character of the existing residential neighborhood.
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Title 17 Amendments
6. Setbacks, Lot Coverage. The setbacks and lot coverage requirements established in the R1, R2, R3, R4 and OT Zoning Districts shall be applied to the housing type approved the performance agreement.
Where there is a mix of housing types, the more restrictive setback shall apply.
C. Finding for Approval of a Performance Agreement. The variation of lot sizes and clustered development in the approved performance agreement will fulfill General Plan goals:
1. The development avoids encroachment on watercourses and drainage areas;
2. The development design and improvements provide pedestrian and bicycle connectivity between developments to assure safe routes to schools and reduced vehicle trips;
3. The development is designed to provide a diversity of housing types and sizes;
4. The development includes the provision of usable open space with a mechanism for maintenance of the open space areas;
5. The development is designed to preserve and enhance the character of the surrounding residential neighborhoods;
6. The development design will contribute to stable and attractive neighborhoods;
7. The average development density is not less than the average and not more than the maximum development density for the applicable general plan land use designation;
8. Where the base general plan designation is high density residential, at least 30 percent of the housing stock shall be multifamily rental housing.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 19, 2022
SUBMITTED: August 19, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330
TITLE OF ITEM: ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY OF
HOLLISTER AMENDING THE EXISTING SHOPPING CART ORDINANCE
DESCRIPTION: This amendment to section 9.30 SHOPPING CART CONTAINMENT section of the Hollister Municipal Code will add additional requirements such as electronic deterrent system, fees and penalties.
RECOMMENDATION: Read by title only, waive full reading, and INTRODUCE Ordinance, Amending Chapter 9.30 SHOPPING CART CONTAINMENT adding additional requirements, fees and penalties for violations.
DEPARTMENT SUMMARY: Code Enforcement and the Hollister Police Department have received numerous complaints from residents concerning shopping carts throughout our city. Shopping carts from existing businesses are frequently removed from the premises of the business and used by individuals to carry belongings around our city. Many of the items carried around the city in the carts include recycling products, personal belongings and contaminated and soiled property.
These carts are often abandoned on our streets, sidewalks and other public areas such as parks and on private property. The existing Cart Ordinance has not been as effective due to the frequency of the carts being removed, businesses no t securing their cart and very little effort by the businesses in general to have their agents driving around our city retrieving their carts.
Staff has asked for modifications to our current ordinance to include features that will reduce the use of the carts in our community that is not consistent with the intended use by the business owners.
The City Attorney has reviewed this proposed modification to our existing ordinance which adds requirements, fines, fees and an Electronic Deterrent system as an option.
Business owners will be required to provide a Cart Containment Plan and have that plan approved by staff. A successful plan will restrict cart removal by the use of at least 2 of 6 options provided by the ordinance.
If the Containment Plan is ineffective, a Theft Deterrent System will be required.
This proposed ordinance amends section 9.30 Shopping Cart Containment. The ordinance will read as follows under TITTLE 9 PUBLIC PEACE, MORALS AND WELFARE.
CHAPTER 9.30. SHOPPING CART CONTAINMENT
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9.30.010 Definitions.
The definitions set forth in this part shall govern the application and interpretation of this chapter.
Abandoned cart means any cart that has been removed, without written consent of the owner, from the owner's business premises and is located on either public or private property, including, but not limited to, public parks, streets, sidewalks, and alleys.
Agent means the person or persons designated in the cart containment plan who the owner of the cart authorizes as the person(s) to perform or provide retrieval services on behalf of the owner.
Business establishment means any business located in the city, regardless of whether the business is advertised or operated as a retail or wholesale business, and regardless of whether the business is open to the general public, a private club, or a membership store.
Cart or shopping cart means a basket which is mounted on wheels, or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. The term "cart" or "shopping cart" includes a laundry cart.
Cart containment plan means a document submitted by the owner of the cart pursuant to Section 9.30.070 of this chapter.
City means the city of Hollister.
Director means the director of public works or community development for the city of Hollister, or the director's designee.
Electronic deterrent system means a mechanical system which automatically locks the wheels of a shopping cart when the shopping cart is pushe d outside the premises.
Typically, such systems include a brake on the shopping cart and a perimeter wire around the premises which triggers the brake on the shopping cart.
Officer means any person designated by the director to enforce the provisions of this chapter.
Owner means any business establishment that owns, leases, possesses, or makes a cart available to customers or the public. For purposes of this chapter, owner shall also include the owner's agent.
Premises means the entire area owned, occupied, and/or utilized by an owner which provides carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. (Ord. 1142, § 1, 2017)
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9.30.020 Findings and purpose.
A. Shopping carts and other carts, both abandoned and non -abandoned, constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic, as well as the use and enjoyment of pu blic spaces, including without limitation public parks. The accumulation of abandoned carts on public and private property tends to create conditions that reduce property values and promote blight and deterioration.
B. The intent of this chapter is to ensure that measures are taken by owners to prevent the removal of carts from business premises and to facilitate the retrieval of lost, stolen, or abandoned carts in a manner that complements and supplements provisions of state law, and further to protect the health and safety of public parks. (Ord. 1142, § 1, 2017; Ord. 1196, § 1, 10-19-2020)
9.30.030 Applicability.
This chapter shall apply to all owners within the city of Hollister that provide carts for customer use or the public, as well as to all oth ers using carts for any reason. (Ord. 1142, § 1, 2017; Ord. 1196, § 2, 10-19-2020)
9.30.040 Unauthorized removal and possession prohibited.
It is unlawful for any person to do any of the following:
A. To remove a shopping cart from the business premi ses of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart; B. To be in possession of a shopping cart that has been removed from the business premises of its owner with the intent to temporarily or permanent ly deprive the owner of possession of the cart;
C. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof; or to remove or alter the serial number on a shopping cart; or to be in possession of any shopping cart with se rial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner of possession of the cart;
D. To possess, use, leave or abandon a shopping cart at any public or private property, including public parks, sidewalks, alleys, and streets, other than the business premises of the owner of the shopping cart, with the intent to temporarily or permanently deprive the owner of possession of the cart; and
E. To possess, use, leave, or abandon a shopping cart at any publ ic park. This prohibition against shopping carts shall include, without exception, movement or transporting of a shopping cart over, across, or through a public park at any time or for any reason.
Any person who violates the provisions of this chapter is subject to enforcement procedures permitted by law, including, but not limited to, prosecution of a misdemeanor or infraction, civil action for injunction, administrative citations and enforcement procedures, and revocation of a use permit, if applicable. Enforcement may also include, without limitation, immediate removal of a cart from a public park and/or seizure F.1
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and removal of a cart where the owner refuses to remove the cart from a public park or the owner is not identifiable.
(Ord. 1142, § 1, 2017; Ord. 1196, § 3, 10-19-2020)
9.30.050 Cart identification and warning signs.
A. Every cart owned or provided by any owner must have a sign permanently affixed to the cart that contains all of the following information:
1. Name of cart owner.
2. The address or valid telephone number of the cart owner.
3. Notice to the public that the removal of the cart from the premises is a violation of state law.
4. Notice that carts may not be removed from the premises without the express written consent of the owner.
B. Every owner must post and maintain cart removal warning signs at all customer interior exits which meet all of the following minimum specifications:
1. Contains a statement in one or more languages that unauthorized removal of a shopping cart from the business premises is a violation of state law.
2. Be conspicuously and prominently displayed on the interior walls of the building within two feet of all customer exits.
(Ord. 1142, § 1, 2017)
9.30.060 Measures to prevent the removal of carts from business premises.
A. Within 180 days of the effective date of the ordinance codified in this chapter, owners shall implement two or more of the following measures to prevent the removal of carts from the business premises:
1. Increased signs directing customers not to remove the carts from the premises.
2. Employee assistance to carry purchases for the customer.
3. Providing personal carts for customers for rental or purchase.
4. Physical barriers located at doors, near loading areas or other defined perimeters that will prevent the passage of carts beyond the premises barriers. The physical barriers may also be placed on the carts themselves so that the carts cannot pass though door openings or other defined perimeters.
5. Electronic disabling devices on all carts, which are activated when they cross a barrier at the perimeter of the premises.
6. Any other reasonable containment measure that has been proven to be successful.
B. An owner must implement an effective combination of the measures des cribed in subsection (A) in order to prevent the removal of carts from business premises. (Ord. 1142, § 1, 2017)
9.30.070 Mandatory cart containment plan.
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Every owner who provides carts to customers or intends to provide carts to customers shall develop, implement, and comply with the terms and conditions of an approved Cart Containment Plan to prevent unauthorized removal of carts from a premises and, if removed, to retrieve the cart within 24 hours of removal or notice of removal. Such Cart Containment Plan shall be submitted to the Police Department within 180 days of the effective date of this ordinance and shall be approved by the Director to be effective.
The mandatory Cart Containment Plan shall include the following elements:
A. Name of Owner. The name of the owner and the business name, the physical address where the business is conducted, name, address, and phone number(s) of the on-site and off-site owner if different.
B. Designation of agent for cart retrieval including direct contact info rmation including phone, text, or email information.
C. Inventory of Carts. A complete list of all carts maintained on or in the premises.
D. Community Outreach. A description of a community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited and is a violation of state and local law. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in promine nt places near door and parking lot exits, direct mail, announcements using intercom systems at the premises, web site, or other means demonstrated to be effective to the reasonable satisfaction of the director. Any and all posting of signs shall comply with the provisions of the Hollister Municipal Code and shall be posted in multiple languages as necessary.
E. Cart Identification. Owners shall attach an example of the ownership identification sign which shall conform to California Business and Professions Code Section 22345.1 and this chapter.
F. Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other di sabling devices on the carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the carts to the store, use of security personnel to prevent removal, security deposit for us e of cart, or other demonstrable measures acceptable to the director that are likely to prevent cart removal from the premises. The plan must contain at least one physical containment measure.
G. Employee Training. A description of an ongoing employee trai ning program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned cart prevention plan and conditions contained therein no less frequently than annually.
H. Mandatory Cart Retrieval. A plan for retrieval of abandoned carts by the owner within 24 hours.
Once an initial plan implementing an effective Cart Containment Plan is approved, such plan shall be re-submitted for renewal every two years at least (30) days prior to the businesses business license renewal application.
(Ord. 1142, § 1, 2017)
9.30.080 Plan approval or denial and penalties.
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A. The officer may approve or deny the proposed plan and notify the owner of such decision within 30 days of receipt. If approved, the cart contain ment plan shall be implemented by the owner no later than 30 days from the date of approval.
B. A plan may be denied based upon one or more of the following grounds:
1. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police, or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety in this chapter.
2. The plan fails to include all of the information required by this chapter.
3. The plan is insufficient or inadequate to prevent removal of carts from the premises.
4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts.
5. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter.
C. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or rep ort or other information required to be made. If the plan is rejected as incomplete or inadequate, the officer shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan.
D. An owner who fails to submit a complete plan to the satisfaction of the officer or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including, without limitation, institution of the administrative remedies process pursuant to this chapter.
E. The officer's decision to deny a plan may be appealed to the director.
F. The decision of the director to approve or deny a plan is final. (Ord. 1142, § 1, 2017)
9.30.090 Plan modification.
At any time after the officer's approval of any Cart Containment Plan, the owner may submit to the officer, along with the appropriate fee, a modification of the previous ly approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan or modify an inadequate or ineffective plan. (Ord. 1142, § 1, 2017)
9.30.100 Electronic Theft Deterrent System Required
Electronic theft deterrent systems are required for the following businesses:
A. Cart Containment Plan deemed ineffective. A Cart Containment Plan shall be deemed ineffective if, during any three (3) month period, more than one (1) of an owner’s shopping carts are f ound abandoned in the public right-of-way and have not been timely retrieved in accordance with the Cart Containment Plan. In such case, the F.1
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Director shall provide the owner with written notification that its Cart Containment Plan has been deemed ineffective. The owner shall then submit to the Director a written plan to remedy the problem, which the owner shall then implement. If the Cart Containment Plan is deemed ineffective a second time, the owner shall be required to install an electronic theft deterrent system, if none already present, within ninety (90) calendar days of notification by the Director. If an electronic theft deterrent system has already been installed, the owner shall revise its Cart Containment Plan to include, and shall implement, supplemental loss prevention measures to ensure that the shopping cart thefts and abandonment cease.
B. New Commercial and Industrial Businesses. All new commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart electronic theft system at their business premises.
C. Existing Development. All existing commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart theft deterrent system at their business premises when constructing any tenant improvement project that exceeds a cost of one hundred thousand dollars ($100,000.00).
Owners who are required to install electronic theft deterrent systems in accordance with this article shall maintain the systems in working order.
9.30.110 Power to Contract.
The city may, in accordance with the applicable city policies and as approved by the city Council, cause the city to engage a contractor to retrieve abandoned carts and such contractor shall comply with the provisions of this chapter and applicable state law including, but not limited to, Business & Professions Code section 22453.10 et seq.
9.30.120 Authority to impound.
The city may retrieve and impound any shopping cart left on public or private property when the shopping cart has a sign permanently affixed as required by 9.30.050 of this chapter. The city shall deem discarded any shopping cart that lacks the signs required by 9.30.050 of this chapter and may retrieve and immediately dispose of any shopping cart without a sign permanently affixed.
9.30.130 Notice of retrieval or location.
The city may opt not to retrieve a shopping cart left on public or private property and instead notify the shopping cart owner of the shopping cart’s location.
9.30.140 Reclamation of shopping cart by owners.
Any shopping cart reclaimed by its owner within three (3) business days following the date of receipt of actual notice of impoundment or notice of the shopping cart’s location shall be released and surrendered to the own er at no charge whatsoever, including the waiver of any impound or storage fees or fines that otherwise would be applicable pursuant to section 9.30.150 and 9.30.180. Any shopping cart reclaimed within three (3) business-day period shall not be deemed an o ccurrence of an ineffective Cart F.1
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Containment Plan for the purpose of section 9.30.080. Any shopping cart that is allowed to remain unclaimed on public or private property or at the place of storage for longer than three (3) business days following receipt by the owner of the shopping cart’s location shall be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section 9.30.080 and shall be subject to any impound or storage fees.
9.30.150 Fees.
Every owner who is required to subm it a mandatory cart containment plan or an application for a modified cart containment plan pursuant to this chapter shall submit with the plan or plan modification, a fee for review of the plan or plan modification in the amount set forth in the schedule of fees established by resolution of the city council. (Ord. 1142, § 1, 2017)
9.30.160 Enforcement.
This chapter shall be enforced by the code enforcement division of the city of Hollister, or such other department designated by the city manager to administer this chapter. (Ord. 1142, § 1, 2017)
9.30.170 Retrieval notification.
The city shall notify the owner of an abandoned cart as identified on the signage information permanently affixed to the cart. The city notification shall be documented and provided either by telephone or by written notice. The notification shall require that the identified cart(s) be retrieved pursuant to the conditions for retrieval under state and local law. The city may immediately dispose of any abandoned cart that lacks an identification sign required by this chapter.
(Ord. 1142, § 1, 2017)
9.30.180 Administrative costs and fines.
Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) after receiving the three-day notice by the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner. Consistent with state law, any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specified six-month period shall be subject to an additional $50.00 fine for each occurrence. An occurrence includes all carts owned by the owner found off -site in a one-day period. (Ord. 1142, § 1, 2017)
FINANCIAL IMPACT: No financial impact. Existing employees already on patrol will respond and cite offenders. Possible additional revenues into the City’s general fund in the form of fines paid by violators.
CEQA: N/A
ATTACHMENTS:
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1. CHAPTER_9.30._SHOPPING_CART_CONTAINMENT_Red line2
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ORDINANCE NO. 1221
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE EXISTING
SHOPPING CART ORDINANCE
WHEREAS, shopping carts on our sidewalks, streets and other public and private areas in our community is an ongoing problem causing a nuisance in our community; and
WHEREAS, the constant use of the carts by residents to transport property and other unsanitary uses outside of the intent of the carts to be used in by their original owner; and
WHEREAS, the existing ordinance is in need for modifications to increase the effectiveness of the ordinance; and
WHEREAS, there is a need to add language, fines, penalties and a new require ment for an Electronic Deterrent System; and
WHEREAS, the responsibility of the carts should be addressed by those companies who own them and who have not taken sufficient steps to address their misuse; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby ordain the following changes to the existing ordinance as follows:
The ordinance of the City of Hollister amending the shopping cart containment ordinance in TITLE 9– Public Peace, Morals and Welfare.
CHAPTER 9.30. SHOPPING CART CONTAINMENT
9.30.010 Definitions.
The definitions set forth in this part shall govern the application and interpretation of this chapter.
Abandoned cart means any cart that has been removed, without written consent of the owner, from the owner's business premises and is located on either public or private property, including, but not limited to, public parks, streets, sidewalks, and alleys.
Agent means the person or persons designated in the cart containment plan who the owner of the cart authorizes as the person(s) to perform or provide retrieval services on behalf of the owner.
Business establishment means any business located in the city, regardless of whether the business is advertised or operated as a retail or wholesale business, and regardless of whether the business is open to the general public, a private club, or a membership store.
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Cart or shopping cart means a basket which is mounted on wheels, or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. The term "cart" or "shopping cart" includes a laundry cart.
Cart containment plan means a document submitted by the owner of the cart pursuant to Section 9.30.070 of this chapter.
City means the city of Hollister.
Director means the director of public works or community development for the city of Hollister, or the director's designee.
Electronic deterrent system means a mechanical system which automatically locks the wheels of a shopping cart when the shopping cart is pushed outside the premises.
Typically, such systems include a brake on the shopping cart and a perimeter wire around the premises which triggers the brake on the shopping cart.
Officer means any person designated by the director to enforce the provisions of this chapter.
Owner means any business establishment that owns, leases, possesses, or makes a cart available to customers or the public. For purposes of this chapter, owner shall also include the owner's agent.
Premises means the entire area owned, occupied, and/or utilized by an owner which provides carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. (Ord. 1142, § 1, 2017)
9.30.020 Findings and purpose.
A. Shopping carts and other carts, both abandoned and non -abandoned, constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic, as well as the use and enjoyment of public spaces, including without limitation public parks. The accumulation of abandoned carts on public and private property tends to create conditions that reduce property values and promote blight and deterioration.
B. The intent of this chapter is to ensure that measures are taken by owners to prevent the removal of carts from business premises and to facilitate the retrieval of lost, stolen, or abandoned carts in a manner that complements and supplements provisions of state law, and further to protect the health and safety of public parks. (Ord. 1142, § 1, 2017; Ord. 1196, § 1, 10-19-2020)
9.30.030 Applicability.
This chapter shall apply to all owners within the city of Hollister that provide carts for customer use or the public, as well as to all others using carts for any reason. (Ord. 1142, § 1, 2017; Ord. 1196, § 2, 10-19-2020)
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9.30.040 Unauthorized removal and possession prohibited.
It is unlawful for any person to do any of the following:
A. To remove a shopping cart from the business premises of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart; B. To be in possession of a shopping cart that has been removed from the business premises of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart;
C. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof; or to remove or alter the serial number on a shopping cart; or to be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner of possession of the cart;
D. To possess, use, leave or abandon a shopping cart at any public or private property, including public parks, sidewalks, alleys, and streets, other than the business premises of the owner of the shopping cart, with the intent to temporarily or permanently deprive the owner of possession of the cart; and
E. To possess, use, leave, or abandon a shopping cart at any public park. This prohibition against shopping carts shall include, without exception, movement or transporting of a shopping cart over, across, or through a public park at any time or for any reason.
Any person who violates the provisions of this chapter is subject to enforcement procedures permitted by law, including, but not limited to, prosecution of a misdemeanor or infraction, civil action for injunction, administrative citations and enforcement procedures, and revocation of a use permit, if applicable. Enforcement may also include, without limitation, immediate removal of a cart from a public park and/or seizure and removal of a cart where the owner refuses to remove the cart from a public park or the owner is not identifiable.
(Ord. 1142, § 1, 2017; Ord. 1196, § 3, 10-19-2020)
9.30.050 Cart identification and warning signs.
A. Every cart owned or provided by any owner must have a sign permanently affixed to the cart that contains all of the following information:
1. Name of cart owner.
2. The address or valid telephone number of the cart owner.
3. Notice to the public that the removal of the cart from the premises is a violation of state law.
4. Notice that carts may not be removed from the premises without the e xpress written consent of the owner.
B. Every owner must post and maintain cart removal warning signs at all customer interior exits which meet all of the following minimum specifications:
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1. Contains a statement in one or more languages that unauthori zed removal of a shopping cart from the business premises is a violation of state law.
2. Be conspicuously and prominently displayed on the interior walls of the building within two feet of all customer exits.
(Ord. 1142, § 1, 2017)
9.30.060 Measures to prevent the removal of carts from business premises.
A. Within 180 days of the effective date of the ordinance codified in this chapter, owners shall implement two or more of the following measures to prevent the removal of carts from the business premises:
1. Increased signs directing customers not to remove the carts from the premises.
2. Employee assistance to carry purchases for the customer.
3. Providing personal carts for customers for rental or purchase.
4. Physical barriers located at doors, near loading areas or other defined perimeters that will prevent the passage of carts beyond the premises barriers. The physical barriers may also be placed on the carts themselves so that the carts cannot pass though door openings or other defined perimeters.
5. Electronic disabling devices on all carts, which are activated when they cross a barrier at the perimeter of the premises.
6. Any other reasonable containment measure that has been proven to be successful.
B. An owner must implement an effective combination of the measures described in subsection (A) in order to prevent the removal of carts from business premises. (Ord. 1142, § 1, 2017)
9.30.070 Mandatory cart containment plan.
Every owner who provides carts to customers or intends to provid e carts to customers shall develop, implement, and comply with the terms and conditions of an approved Cart Containment Plan to prevent unauthorized removal of carts from a premises and, if removed, to retrieve the cart within 24 hours of removal or notice of removal. Such Cart Containment Plan shall be submitted to the Police Department within 180 days of the effective date of this ordinance and shall be approved by the Director to be effective.
The mandatory Cart Containment Plan shall include the following elements:
A. Name of Owner. The name of the owner and the business name, the physical address where the business is conducted, name, address, and phone number(s) of the on-site and off-site owner if different.
B. Designation of agent for cart retrieval including direct contact information including phone, text, or email information.
C. Inventory of Carts. A complete list of all carts maintained on or in the premises.
D. Community Outreach. A description of a community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited and is a violation of state and local law. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct F.1
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mail, announcements using intercom systems at the premises, web site, or other means demonstrated to be effective to the reasonable satisfaction of the director. Any and all posting of signs shall comply with the provisions of the Hollister Municipal Code and shall be posted in multiple languages as necessary.
E. Cart Identification. Owners shall attach an example of the ownership identification sign which shall conform to California Business and Professions Code Section 22345.1 and this chapter.
F. Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the carts to the store, use of security personnel to prevent removal, security deposit for use of cart, or other demonstrable measures acceptable to the director that are likely to prevent cart removal from the premises. The plan must contain at least one physical containment measure.
G. Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned cart prevention plan and conditions contained therein no less frequently than annually.
H. Mandatory Cart Retrieval. A plan for retrieval of abandoned carts by the owner within 24 hours.
Once an initial plan implementing an effective Cart Containment Plan is approved, such plan shall be re-submitted for renewal every two years at least (30) days prior to the businesses business license renewal application.
(Ord. 1142, § 1, 2017)
9.30.080 Plan approval or denial and penalties.
A. The officer may approve or deny the proposed plan and notify the owner of such decision within 30 days of receipt. If approved, the cart containment plan shall be implemented by the owner no later than 30 days from the date of approval.
B. A plan may be denied based upon one or more of the following grounds:
1. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police, or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety in this chapter.
2. The plan fails to include all of the information required by this chapter.
3. The plan is insufficient or inadequate to prevent removal of carts from the premises.
4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retenti on and prevention efforts.
5. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter.
C. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made. If the plan is rejected as incomplete or inadequate, the officer shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan.
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D. An owner who fails to submit a complete plan to the satisfaction of the officer or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including, without limitation, institution of the administrative remedies process pursuant to this chapter.
E. The officer's decision to deny a plan may be appealed to the director.
F. The decision of the director to approve or deny a plan is final. (Ord. 1142, § 1, 2017)
9.30.090 Plan modification.
At any time after the officer's approval of any Cart Containment Plan, the owner may submit to the officer, along with the appropriate fe e, a modification of the previously approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan or modify an inadequate or ineffective plan. (Ord. 1142, § 1, 2017)
9.30.100 Electronic Theft Deterrent System Required
Electronic theft deterrent systems are required for the following businesses:
A. Cart Containment Plan deemed ineffective. A Cart Containment Plan shall be deemed ineffective if, during any three (3) month period, more than one (1) o f an owner’s shopping carts are found abandoned in the public right -of-way and have not been timely retrieved in accordance with the Cart Containment Plan. In such case, the Director shall provide the owner with written notification that its Cart Containme nt Plan has been deemed ineffective. The owner shall then submit to the Director a written plan to remedy the problem, which the owner shall then implement. If the Cart Containment Plan is deemed ineffective a second time, the owner shall be required to in stall an electronic theft deterrent system, if none already present, within ninety (90) calendar days of notification by the Director. If an electronic theft deterrent system has already been installed, the owner shall revise its Cart Containment Plan to i nclude, and shall implement, supplemental loss prevention measures to ensure that the shopping cart thefts and abandonment cease.
B. New Commercial and Industrial Businesses. All new commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart electronic theft system at their business premises.
C. Existing Development. All existing commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart theft deterrent system at their business premises when constructing any tenant improvement project that exceeds a cost of one hundred thousand dollars ($100,000.00).
Owners who are required to install electronic theft deterrent systems in accordance with this article shall maintain the systems in working order.
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9.30.110 Power to Contract.
The city may, in accordance with the applicable city policies and as approved by the city Council, cause the city to engage a contractor to retrieve abandoned carts and such contractor shall comply with the provisions of this chapter and applicable state law including, but not limited to, Business & Professions Code section 22453.10 et seq.
9.30.120 Authority to impound.
The city may retrieve and impound any shopping cart left on public or private property when the shopping cart has a sign permanently affixed as required by 9.30.050 of this chapter. The city shall deem discarded any shopping cart that lacks the signs required by 9.30.050 of this chapter and may retrieve and immediate ly dispose of any shopping cart without a sign permanently affixed.
9.30.130 Notice of retrieval or location.
The city may opt not to retrieve a shopping cart left on public or private property and instead notify the shopping cart owner of the shopping cart’s location.
9.30.140 Reclamation of shopping cart by owners.
Any shopping cart reclaimed by its owner within three (3) business days following the date of receipt of actual notice of impoundment or notice of the shopping cart’s location shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any impound or storage fees or fines that otherwise would be applicable pursuant to section 9.30.150 and 9.30.180. Any shopping cart reclaimed within three (3) business-day period shall not be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section 9.30.080. Any shopping cart that is allowed to remain unclaimed on public or private property or at the place of storage for longer than three (3) business days following receipt by the owner of the shopping cart’s location shall be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section 9.30.080 and shall be subject to any impound or storage fees.
9.30.150 Fees.
Every owner who is required to submit a mandatory cart containment plan or an application for a modified cart containment plan pursuant to this chapter shall submit with the plan or plan modification, a fee for review of the plan or plan modification in the amount set forth in the schedule of fees established by resolution of the city council. (Ord. 1142, § 1, 2017)
9.30.160 Enforcement.
This chapter shall be enforced by the code enforcement division of the city of Hollister, or such other department designated by the city manager to administer this chapter. (Ord. 1142, § 1, 2017)
9.30.170 Retrieval notification.
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The city shall notify the owner of an abandoned cart as identified on the signage information permanently affixed to the cart. The city noti fication shall be documented and provided either by telephone or by written notice. The notification shall require that the identified cart(s) be retrieved pursuant to the conditions for retrieval under state and local law. The city may immediately dispose of any abandoned cart that lacks an identification sign required by this chapter.
(Ord. 1142, § 1, 2017)
9.30.180 Administrative costs and fines.
Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) after receiving the three-day notice by the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner. Consistent with state law, any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specified six-month period shall be subject to an additional $50.00 fine for each occurrence. An occurrence includes all carts owned by the owner found off -site in a one-day period. (Ord. 1142, § 1, 2017)
INTRODUCED at a regular City Council meeting on the 19th day of September, 2022.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1221 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of September, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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TITLE 9 ‐ PUBLIC PEACE, MORALS AND WELFARE
CHAPTER 9.30. SHOPPING CART CONTAINMENT
Hollister, California, Code of Ordinances Created: 2022‐06‐14 12:37:44 [EST] (Supp. No. 5)
CHAPTER 9.30. SHOPPING CART CONTAINMENT
9.30.010 Definitions.
The definitions set forth in this part shall govern the application and interpretation of this chapter.
Abandoned cart means any cart that has been removed, without written consent of the owner, from the owner's business premises and is located on either public or private property, including, but not limited to, public parks, streets, sidewalks and alleys.
Agent means the person or persons designated in the cart containment plan who the owner of the cart authorizes as the person(s) to perform or provide retrieval services on behalf of the owner.
Business establishment means any business located in the city, regardless of whether the business is advertised or operated as a retail or wholesale business, and regardless of whether the business is open to the general public, a private club or a membership store.
Cart or shopping cart means a basket which is mounted on wheels or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. The term "cart" or "shopping cart" includes a laundry cart.
Cart containment plan means a document submitted by the owner of the cart pursuant to Section 9.30.070 of this chapter.
City means the city of Hollister.
Director means the director of public works or community development for the city of Hollister, or the director's designee.
Electronic deterrent system means a mechanical system which automatically locks the wheels of a shopping cart when the shopping cart is pushed outside the premises. Typically, such systems include a brake on the shopping cart when the shopping cart is pushed outside the premises. Typically, such systems include a brake on the shopping cart and a perimeter wire around the premises which triggers the brake on the shopping cart.
Officer means any person designated by the director to enforce the provisions of this chapter.
Owner means any business establishment that owns, leases, possesses, or makes a cart available to customers or the public. For purposes of this chapter, owner shall also include the owner's agent.
Premises means the entire area owned, occupied, and/or utilized by an owner which provides carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use.
(Ord. 1142, § 1, 2017)
9.30.020 Findings and purpose.
A. Shopping carts and other carts, both abandoned and non‐abandoned, constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic, as well as the use and enjoyment of public spaces, including without limitation public parks. The accumulation of abandoned carts on public and private property tends to create conditions that reduce property values, and promote blight and deterioration.
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B. The intent of this chapter is to ensure that measures are taken by owners to prevent the removal of carts from business premises and to facilitate the retrieval of lost, stolen or abandoned carts in a manner that complements and supplements provisions of state law, and further to protect the health and safety of public parks.
(Ord. 1142, § 1, 2017; Ord. 1196 , § 1, 10‐19‐2020)
9.30.030 Applicability.
This chapter shall apply to all owners within the city of Hollister that provide carts for customer use or the public, as well as to all others using carts for any reason. (Ord. 1142, § 1, 2017; Ord. 1196 , § 2, 10‐19‐2020)
9.30.040 Unauthorized removal and possession prohibited.
It is unlawful for any person to do any of the following:
A. To remove a shopping cart from the business premises of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart; B. To be in possession of a shopping cart that has been removed from the business premises of its owner with the intent to temporarily or permanently deprive the owner of possession of the cart; C. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof; or to remove or alter the serial number on a shopping cart; or to be in possession of any shopping cart with serial numbers removed, obliterated or altered, with the intent to temporarily or permanently deprive the owner of possession of the cart;
D. To possess, use, leave or abandon a shopping cart at any public or private property, including public parks, sidewalks, alleys and streets, other than the business premises of the owner of the shopping cart, with the intent to temporarily or permanently deprive the owner of possession of the cart; and E. To possess, use, leave, or abandon a shopping cart at any public park. This prohibition against shopping carts shall include, without exception, movement or transporting of a shopping cart over, across, or through a public park at any time or for any reason.
Any person who violates the provisions of this chapter is subject to enforcement procedures permitted by law, including, but not limited to, prosecution of a misdemeanor or infraction, civil action for injunction, administrative citations and enforcement procedures, and revocation of a use permit, if applicable. Enforcement may also include, without limitation, immediate removal of a cart from a public park and/or seizure and removal of a cart where the owner refuses to remove the cart from a public park or the owner is not identifiable. (Ord. 1142, § 1, 2017; Ord. 1196 , § 3, 10‐19‐2020)
9.30.050 Cart identification and warning signs.
A. Every cart owned or provided by any owner must have a sign permanently affixed to the cart that contains all of the following information:
1. Name of cart owner.
2. The address or valid telephone number of the cart owner.
3. Notice to the public that the removal of the cart from the premises is a violation of state law.
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4. Notice that carts may not be removed from the premises without the express written consent of the owner.
B. Every owner must post and maintain cart removal warning signs at all customer interior exits which meet all of the following minimum specifications:
1. Contains a statement in one or more languages that unauthorized removal of a shopping cart from the business premises is a violation of state law.
2. Be conspicuously and prominently displayed on the interior walls of the building within two feet of all customer exits.
(Ord. 1142, § 1, 2017)
9.30.060 Measures to prevent the removal of carts from business premises.
A. Within 180 days of the effective date of the ordinance codified in this chapter, owners shall implement measures two or more of the following measures to prevent the removal of carts from the business premises:. Examples of these measures may include, but are not limited to: If they do “one or more” then couldn’t they just do number one and be done with this? It seems it should either read two or more of the things below or add something else to #1 like “and not allow carts to be removed”.
1. Increased signs directing customers not to remove the carts from the premises.
2. Employee assistance to carry purchases for the customer.
3. Providing personal carts for customers for rental or purchase.
4. Physical barriers located at doors, near loading areas or other defined perimeters that will prevent the passage of carts beyond the premises barriers. The physical barriers may also be placed on the carts themselves so that the carts cannot pass though door openings or other defined perimeters.
5. Electronic disabling devices on all carts, which are activated when they cross a barrier at the perimeter of the premises.
6. Any other reasonable containment measure that has been proven to be successful.
B. An owner must implement an effective combination of the measures described in subsection (A) in order to prevent the removal of carts from business premises.
(Ord. 1142, § 1, 2017)
9.30.070 Mandatory cart containment plan.
Every owner who provides carts to customers or intends to provide carts to customers shall develop, implement, and comply with the terms and conditions of an approved Cart Containment Plan to prevent unauthorized removal of carts from a premises and, if removed, to retrieve the cart within 24 hours of removal or notice of removal. Such Cart Containment Plan shall be submitted to the Police Department within 180 days of the effective date of this ordinance and shall be approved by the Director to be effective.
If after 180 days of the effective date of the ordinance codified in this chapter, five or more carts in one seven‐day period are discovered off‐premises, the owner shall be issued a warning notice that the provisions of this chapter must be observed. Only one warning notice per calendar year shall be issued to an owner. After the warning notice is issued any subsequent occurrence in which five or more carts in one seven‐day period are discovered, the owner shall be required to submit a mandatory cart containment plan to the designated code F.1.a
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enforcement officer for review and approval. The mandatory cart containment planCart Containment Plan shall include the following elements:
A. A. Name of Owner. The name of the owner, and the business name, the physical address where the business is conducted, name, address and phone number(s) of the on‐site and off‐site owner if different.
A.B. Designation of agent for cart retrieval including direct contact information including phone, text or email information.
B. Inventory of Carts. A complete list of all carts maintained on or in the premises.
C. Community Outreach. A description of a community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited and is a violation of state and local law. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems at the premises, web site or other means demonstrated to be effective to the reasonable satisfaction of the director. Any and all posting of signs shall comply with the provisions of the Hollister Municipal Code and shall be posted in multiple languages as necessary.
D. Cart Identification. Signs and cart identification requirements which conform to local and state law.
Owners shall attach an example of the ownership identification sign which shall conform to California Business and Professions Code Section 22345.1 and this chapter.
E. Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the carts to the store, use of security personnel to prevent removal, security deposit for use of cart, or other demonstrable measures acceptable to the director that are likely to prevent cart removal from the premises. The plan must contain at least one physical containment measure.
F. Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned cart prevention plan and conditions contained therein no less frequently than annually.
G. Mandatory Cart Retrieval. A plan for retrieval of abandoned carts by the owner within 24 hours.
Once an initial plan implementing an effective Cart Containment Plan is approved, such plan shall be re‐submitted for renewal every two years at least (30) days prior to the businesses business license renewal application. (Ord. 1142, § 1, 2017)
9.30.080 Plan approval or denial and penalties.
A. The officer may approve or deny the proposed plan and notify the owner of such decision within 30 days of receipt. If approved, the cart containment plan shall be implemented by the owner no later than 30 days from the date of approval.
B. A plan may be denied based upon one or more of the following grounds:
1. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety in this chapter.
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2. The plan fails to include all of the information required by this chapter.
3. The plan is insufficient or inadequate to prevent removal of carts from the premises.
4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts.
5. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter.
C. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made. If the plan is rejected as incomplete or inadequate, the officer shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan.
D. An owner who fails to submit a complete plan to the satisfaction of the officer, or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including, without limitation, institution of the administrative remedies process pursuant to this chapter.
E. The officer's decision to deny a plan may be appealed to the director.
F. The decision of the director to approve or deny a plan is final. (Ord. 1142, § 1, 2017)
9.30.090 Plan modification.
At any time after the officer's approval of any Cart Containment Plan, the owner may submit to the officer, along with the appropriate fee, a modification of the previously approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan or modify an inadequate or ineffective plan.
(Ord. 1142, § 1, 2017)
9.30.100 Electronic Theft Deterrent System Required
Electronic theft deterrent systems are required for the following businesses:
A. Cart Containment Plan deemed ineffective. A Cart Containment Plan shall be deemed ineffective if, during any three (3) month period, more than one (1) of an owner’s shopping carts are found abandoned in the public right‐of‐way and have not been timely retrieved in accordance with the Cart Containment Plan. In such case, the Director shall provide the owner with written notification that its Cart Containment Plan has been deemed ineffective. The owner shall then submit to the Director a written plan to remedy the problem, which the owner shall then implement. If the Cart Containment Plan is deemed ineffective a second time, the owner shall be required to install an electronic theft deterrent system, if none already present, within ninety (90) calendar days of notification by the Director. If an electronic theft deterrent system has already been installed, the owner shall revise its Cart Containment Plan to include, and shall implement, supplemental loss prevention measures to ensure that the shopping cart thefts and abandonment cease.
B. New Commercial and Industrial Businesses. All new commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart electronic theft system at their business premises.
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C. Existing Development. All existing commercial and industrial businesses that employ shopping carts shall be required to implement a shopping cart theft deterrent system at their business premises when constructing any tenant improvement project that exceeds a cost of one hundred thousand dollars ($100,000.00).
Owners who are required to install electronic theft deterrent systems in accordance with this article shall maintain the systems in working order.
9.30.110 Power to Contract.
The city may, in accordance with the applicable city policies and as approved by the city Council, cause the city to engage a contractor to retrieve abandoned carts and such contractor shall comply with the provisions of this chapter and applicable state law including, but not limited to, Business & Professions Code Section 22453.10 et seq.
9.30.120 Authority to impound.
The city may retrieve and impound any shopping cart left on public or private property when the shopping cart has a sign permanently affixed as required by 9.30.050 of this chapter. The city shall deem discarded any shopping cart that lacks the signs required by 9.30.050 of this chapter and may retrieve and immediately dispose of any shopping cart without a sign permanently affixed.
9.30.130 Notice of retrieval or location.
The city may opt not to retrieve a shopping cart left on public or private property and instead notify the shopping cart owner of the shopping cart’s location.
9.30.140 Reclamation of shopping cart by owners.
Any shopping cart reclaimed by its owner within three (3) business days following the date of receipt of actual notice of impoundment or notice of the shopping cart’s location shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any impound or storage fees or fines that otherwise would be applicable pursuant to section 9.30.080 and 9.30.130. Any shopping cart reclaimed within three (3) business‐day period shall not be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section
9.30.080. Any shopping cart that is allowed to remain unclaimed on public or private property or at the place of storage for longer than three (3) business days following receipt by the owner of the shopping cart’s location shall be deemed an occurrence of an ineffective Cart Containment Plan for the purpose of section 9.30.080 and shall be subject to any impound or storage fees.
9.30.080 150 Fees.
Every owner who is required to submit a mandatory cart containment plan or an application for a modified cart containment plan pursuant to this chapter shall submit with the plan or plan modification, a fee for review of the plan or plan modification in the amount set forth in the schedule of fees established by resolution of the city council.
(Ord. 1142, § 1, 2017)
9.30.090 Plan approval or denial and penalties.
A. The officer may approve or deny the proposed plan and notify the owner of such decision within 30 days of receipt. If approved, the cart containment plan shall be implemented by the owner no later than 30 days from the date of approval.
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Created: 2022‐06‐14 12:37:44 [EST]
(Supp. No. 5)
B. A plan may be denied based upon one or more of the following grounds:
1. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety in this chapter.
2. The plan fails to include all of the information required by this chapter.
3. The plan is insufficient or inadequate to prevent removal of carts from the premises.
4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts.
5. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter.
C. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made. If the plan is rejected as incomplete or inadequate, the officer shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan.
D. An owner who fails to submit a complete plan to the satisfaction of the officer, or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including, without limitation, institution of the administrative remedies process pursuant to this chapter.
E. The officer's decision to deny a plan may be appealed to the director.
F. The decision of the director to approve or deny a plan is final. (Ord. 1142, § 1, 2017)
9.30.100 Plan modification.
At any time after the officer's approval of any abandoned cart plan, the owner may submit to the officer, along with the appropriate fee, a modification of the previously approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan or modify an inadequate or ineffective plan.
(Ord. 1142, § 1, 2017)
9.30.110 160 Enforcement.
This chapter shall be enforced by the code enforcement division of the city of Hollister, or such other department designated by the city manager to administer this chapter. (Ord. 1142, § 1, 2017)
9.30.120 170 Retrieval notification.
The city shall notify the owner of an abandoned cart as identified on the signage information permanently affixed to the cart. The city notification shall be documented and provided either by telephone or by written notice. The notification shall require that the identified cart(s) be retrieved pursuant to the conditions for retrieval under state and local law. The city may immediately dispose of any abandoned cart that lacks an identification sign required by this chapter.
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Created: 2022‐06‐14 12:37:44 [EST]
(Supp. No. 5)
(Ord. 1142, § 1, 2017)
9.30.130 180 Administrative costs and fines.
Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) after receiving the three‐day notice by the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner. Consistent with state law, any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specified six‐month period shall be subject to an additional $50.00 fine for each occurrence. An occurrence includes all carts owned by the owner found off‐site in a one‐day period.
(Ord. 1142, § 1, 2017)
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 19, 2022
SUBMITTED: September 12, 2022 AGENDA ITEM:
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010
TITLE OF ITEM: RESOLUTION NO. 2022-169, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO USE FUNDS TO DEFEASE AND OPTIONALLY REDEEM $5,000,000 OF WASTEWATER BONDS ON JUNE 1, 2023
BRIEF DESCRIPTION: The Wastewater Fund has sufficient funds to make a bond call on the 2016 Wastewater Revenue Bonds (“2016 Bonds”) issued by the Hollister Joint Powers Financing Authority. With approval, funds will be sent to U.S. Bank Trust Company, National Association, as trustee and escrow agent, to defease $5,000,000 of Bonds due June 1, 2037. The 2016 Bonds were issued by the Authority pursuant to a Trust Indenture, dated as of March 1, 2016, between the Authority and U.S. Bank Trust Company, National Association, as successor trustee to MUFG Union Bank, N.A. The 2037 Bonds are not callable until June 1, 2023. Accordingly, the funds will be held in an escrow fund and invested in federal securities so that interest earnings can also be used to redeem the bonds on the June 1, 2023 redemption date. The 2016 Bonds maturing June 1, 2037 that are called for redemption will be redeemed at the office of the trustee upon surrender on or after the redemption date, and interest shall cease to accrue thereon after the redemption date. Once moneys are placed into the escrow fund in an amount sufficient to “defease” the 2016 Bonds maturing June 1, 2037, they will no longer be secured by the net revenues of the Wastewater Fund.
RECOMMENDATION: That the City Council of the City of Hollister ADOPT a Resolution to defease $5,000,000 of 2016 Bonds and make the early bond call on June 1, 2023, authorize the City Manager to approve all necessary documents and actions, and to make the necessary budget adjustments.
DEPARTMENT SUMMARY: The Wastewater Fund has sufficient funds to make a $5,000,000 early bond call with respect to the 2016 Bonds maturing on June 1, 2037.
The first date on which these 2016 Bonds may be redeemed is June 1, 2023 and, prior to this date, moneys will be held in an escrow fund for this purpose. Defeasing and optionally redeeming these 2016 Bonds will reduce the obligations of the Wastewater Fund, and save interest costs.
FINANCIAL IMPACT: There will be an overall estimated average annual savings of $481,717 to the Wastewater Fund.
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
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Brett Miller, City Manager
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RESOLUTION NO. 2022-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE CITY MANAGER TO USE FUNDS TO DEFEASE AND OPTIONALLY REDEEM $5,000,000 OF WASTEWATER BONDS ON JUNE 1, 2023
WHEREAS, on March 10, 2016, the Hollister Joint Powers Financing Authority issued its $67,975,000 Wastewater Revenue Refunding Bonds, Series 2 016, which bonds are secured primarily by installment payments payable by the City of Hollister from the net revenues of the wastewater enterprise; and
WHEREAS, the City’s wastewater fund has sufficient moneys on hand to make a $5,000,000 bond call with respect to the bonds maturing on June 1, 2037 at the first possible date for redemption, being June 1, 2023, and prior to such date to place such moneys in an escrow fund pursuant to an escrow deposit and trust agreement; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister gives authority to the City Manager to make the $5,000,000 early bond call, authorizes the City Manager to approve all necessary documents and actions with respect thereto, including execution and delivery of an escrow deposit and trust agreement and hiring of professional services consultants, and to make the necessary budget adjustments based on the redemption of the bonds.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-169, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of September, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 19, 2022
SUBMITTED: September 8, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Administrative Services
Cecilia Rodriguez, Management
Analyst
CONTACT: Renee Perales, CIP Manager
831-636-4360 x17
TITLE OF ITEM: RESOLUTION NO. 2022-170, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE BIDS RECEIVED,
APPROVING A SUPPLEMENTAL APPROPRIATION, AWARDING A CONTRACT IN THE AMOUNT OF $1,088,000.00 TO K.J. WOODS CONSTRUCTION, INC.,
AUTHORIZING THE EXECUTION OF CONTRACT AND CHANGE ORDERS FOR THE HILLCREST ROAD STORM & SEWER IMPROVEMENT PROJECT, CIP C2202
BRIEF DESCRIPTION: This resolution will accept the bids opened on September 7, 2022, approve a supplemental appropriation and award a contract to K.J. Woods Construction, Inc.
RECOMMENDATION: Staff recommends that the City Council adopt the resolution accepting the bids, approve a supplemental appropriation, and award the contract to K.J.
Woods Construction, Inc. for the Hillcrest Road Storm & Sewer Improvement Project, CIP C2202.
DEPARTMENT SUMMARY: On August 1, 2022, CIP C2202, also known as the “Hillcrest Road Storm & Sewer Improvement Project” was appro ved by the City Council and staff was authorized to call for sealed bids. The project description is as follows:
Hillcrest Road Sewer Upgrade: consists of replacing approximately 1,360 feet of 8-inch pipe with 12-inch pipe on Hillcrest Road from Memorial Drive to El Cerro.
These pipe segments run 50% to 70% full during future peak flow conditions.
This upgrade increases collection system capacity to serve future flow conditions within the project area.
Hillcrest Road Storm Drain Upgrade: consists of upgrading approximately 655 linear feet of 24-inch storm drain to 42-inch pipe to provide capacity for the 25-yr storm.
The project will also include a type II slurry seal and striping
On September 7, 2022, seven (7) bids were received. The lowest bid was received from K.J. Woods Construction, Inc. in the amount of $1,088,000.00. The other six bids ranged from $1,176,960.00 to $2,148,856.00. The bid tabulation is attached.
Staff is requesting the City Council do the following: Accept the bids received, award the contract to the lowest responsive bidder, and authorize the Mayor to execute the contract with K.J. Woods Construction, Inc. and authorize the City Manager to execute contract change orders not exceeding $163,000.00 for the timely completion of this project.
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The supplemental appropriation includes the contingency of $163,000.00 and the construction contract in the amount of $1,088,000.00 for a total appropriation of $1,251,000.00.
FINANCIAL IMPACT: Expenditures of $1,251,000.00 from fund 662 Storm Drain Fees Fund
CEQA: N/A
ATTACHMENTS:
1. Bid_Results_Export-Hillcrest Road Project C2202
2. Appropriation Adjustment-hillcrest road c2202
3. KJ Woods Contract_Hillcrest Rd CIP C2202
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
ACCEPTING THE BIDS RECEIVED, APPROVING A SUPPLEMENTAL
APPROPRIATION, AWARDING A CONTRACT IN THE AMOUNT OF $1,088,000.00 TO K.J. WOODS CONSTRUCTION, INC., AUTHORIZING THE EXECUTION OF
CONTRACT AND CHANGE ORDERS FOR THE HILLCREST ROAD STORM & SEWER IMPROVEMENT PROJECT, CIP C2202
WHEREAS, on August 1, 2022, the City Council authorized staff to solicit bids for the Hillcrest Road Storm & Sewer Improvement Project, CIP C2202; and
WHEREAS, on August 11, 2022, staff called for sealed bids; and
WHEREAS, on September 7, 2022, seven (7) bids were received; and
WHEREAS, the lowest bid was received from K.J. Woods Construction, Inc.; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids, awards a contract to K.J. Woods Construction, Inc., for the bid amount of $1,088,000.00, approves a supplemental appropriation in the amount of $1,251,000.00.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the Mayor to execute a contract with K.J. Woods Construction, Inc and authorizes the City Manager to execute change orders in aggregate not exceeding an increase in the contract of more than $163,000.00, which is included in the appropriation.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-170, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of September, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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Item #Item Description Quantity Unit of Measure Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 00001 MOBILIZATION/DEMOBILIZATION 1 LS $26,000.00 $26,000.00 $41,000.00 $41,000.00 $75,000.00 $75,000.00 $32,500.00 $32,500.00 $30,000.00 $30,000.00 $23,500.00 $23,500.00 $84,300.00 $84,300.00 00002 TRAFFIC CONTROL AND CONSTRUCTION 1 LS $18,000.00 $18,000.00 $30,000.00 $30,000.00 $10,000.00 $10,000.00 $24,130.00 $24,130.00 $80,000.00 $80,000.00 $120,000.00 $120,000.00 $195,000.00 $195,000.00 00003 CRACK SEALING 1 LS $11,000.00 $11,000.00 $11,000.00 $11,000.00 $16,000.00 $16,000.00 $12,480.00 $12,480.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $17,500.00 $17,500.00 00004 ADJUST UTILITY TO GRADE 11 EA $200.00 $2,200.00 $1,100.00 $12,100.00 $1,500.00 $16,500.00 $634.00 $6,974.00 $1,000.00 $11,000.00 $12.00 $132.00 $2,160.00 $23,760.00 00005 ADJUST SURVEY MONUMENT TO GRADE 3 EA $200.00 $600.00 $1,200.00 $3,600.00 $1,800.00 $5,400.00 $1,662.00 $4,986.00 $1,750.00 $5,250.00 $50.00 $150.00 $4,500.00 $13,500.00 00006 SLURRY SEAL (TYPE II)6615 SY $6.00 $39,690.00 $6.00 $39,690.00 $9.00 $59,535.00 $7.20 $47,628.00 $13.00 $85,995.00 $6.60 $43,659.00 $12.00 $79,380.00 00007 REMOVE EXISTING STORM DRAIN MAIN 713 LF $100.00 $71,300.00 $50.00 $35,650.00 $80.00 $57,040.00 $32.00 $22,816.00 $40.00 $28,520.00 $24.00 $17,112.00 $88.00 $62,744.00 00008 REMOVE EXISTING STORM DRAIN MANHOLE 3 EA $2,000.00 $6,000.00 $4,500.00 $13,500.00 $5,000.00 $15,000.00 $13,650.00 $40,950.00 $2,000.00 $6,000.00 $26,513.00 $79,539.00 $10,600.00 $31,800.00 00009 REMOVE EXSITING STORM DRAIN CATCH 1 EA $1,000.00 $1,000.00 $1,200.00 $1,200.00 $3,500.00 $3,500.00 $10,220.00 $10,220.00 $3,000.00 $3,000.00 $2,800.00 $2,800.00 $12,750.00 $12,750.00 00010 INSTALL 42" HDPE STORM DRAIN 655 LF $500.00 $327,500.00 $570.00 $373,350.00 $650.00 $425,750.00 $681.00 $446,055.00 $650.00 $425,750.00 $696.00 $455,880.00 $965.00 $632,075.00 00011 INSTALL 15" HDPE STORM DRAIN 35 LF $400.00 $14,000.00 $410.00 $14,350.00 $350.00 $12,250.00 $480.00 $16,800.00 $600.00 $21,000.00 $317.00 $11,095.00 $870.00 $30,450.00 00012 INSTALL STORM DRAIN CATCH BASIN 1 EA $7,725.00 $7,725.00 $9,900.00 $9,900.00 $6,500.00 $6,500.00 $21,310.00 $21,310.00 $13,000.00 $13,000.00 $8,100.00 $8,100.00 $24,500.00 $24,500.00 00013 INSTALL STORM DRAIN MANHOLE 5 EA $19,500.00 $97,500.00 $15,500.00 $77,500.00 $14,000.00 $70,000.00 $19,250.00 $96,250.00 $12,000.00 $60,000.00 $19,200.00 $96,000.00 $30,100.00 $150,500.00 00014 INSTALL SEWER MANHOLE 5 EA $9,500.00 $47,500.00 $12,000.00 $60,000.00 $10,000.00 $50,000.00 $18,020.00 $90,100.00 $13,000.00 $65,000.00 $12,000.00 $60,000.00 $20,500.00 $102,500.00 00015 INSTALL 12" PVC SEWER LINE 1360 LF $300.00 $408,000.00 $318.00 $432,480.00 $275.00 $374,000.00 $332.00 $451,520.00 $380.00 $516,800.00 $323.00 $439,280.00 $490.00 $666,400.00 00016 CONNECT TO EXISTING SEWER MANHOLE 2 EA $500.00 $1,000.00 $1,500.00 $3,000.00 $6,500.00 $13,000.00 $8,950.00 $17,900.00 $3,500.00 $7,000.00 $8,400.00 $16,800.00 $4,300.00 $8,600.00 00017 THERMOPLASTIC PAVEMENT MARKING 290 SF $13.55 $3,929.50 $11.00 $3,190.00 $22.00 $6,380.00 $20.00 $5,800.00 $8.00 $2,320.00 $8.70 $2,523.00 $18.25 $5,292.50 00018 THERMOPLASTIC STRIPE (12" WHITE)40 LF $5.00 $200.00 $10.00 $400.00 $20.00 $800.00 $18.00 $720.00 $7.00 $280.00 $8.00 $320.00 $7.00 $280.00 00019 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 21)1215 LF $2.00 $2,430.00 $6.00 $7,290.00 $6.00 $7,290.00 $6.20 $7,533.00 $6.00 $7,290.00 $6.00 $7,290.00 $3.00 $3,645.00 00020 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 1940 LF $1.25 $2,425.00 $4.00 $7,760.00 $4.50 $8,730.00 $4.75 $9,215.00 $3.00 $5,820.00 $3.00 $5,820.00 $2.00 $3,880.00 Bid List $1,087,999.5 $1,176,960.0 $1,232,675.0 $1,365,887.0 $1,386,025.0 $1,402,000.0 $2,148,856.5 Total Bid $1,087,999.5 $1,176,960.0 $1,232,675.0 $1,365,887.0 $1,386,025.0 $1,402,000.0 $2,148,856.5 Hillcrest Road Storm and Sewer Improvement Project
CIP C2202
Owner:City of Hollister
Bid Opening:2022-09-07 * marks an allowance K.J. Woods Construction Inc Anderson Pacific Monterey Peninsula Precision Grade Raminha Construction Inc.The Don Chapin Co. Inc.Specialty Construction, Inc. 560 Crazy Horse Canyon 645 Clarion Court
South San Francisco, CA Santa Clara, CA 95054 Marina, CA 93933 Salinas, CA Atascadero, CA 93422 Salinas, CA 93907 San Luis Obispo, CA 93401 PO Box 947 South San 1370 Norman Ave 192 Healy Ave 6805 Sycamore Rd Bid Status:Under Review Bid Status:Under Review
US US US US US
Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review Bid Status:Under Review bid item list
US US
Listed Subs Asphalt Maintenance
Company of CA
Visalia, CA
License No: 610610
$77,617.40
Chrisp Company
Fremont, CA
License No: 374600
$40,194.73
Chrisp Company
Fremont, CA
License No: 374600
$40,377.60
Graham Contractors, Inc
San Jose, CA
License No: 315789
$50,752.40
Graham Contractors, Inc
San Jose, CA
License No: 315789
$50,713.01
Granite Rock Company -
Estimating
5225 Hellyer Avenue - Suite
220
San Jose, CA 95138
License No: 22
$181,148.60
Graham Contractors, Inc
San Jose, CA
License No: 315789
$45,696.00
Harker Striping & Signage
Bakersfield, CA
License No: 615222
$20,672.00
Chrisp Company
Fremont, CA
License No: 374600
$40,492.64
Graham Contractors, Inc
San Jose, CA
License No: 315789
$51,211.28
Graham Contractors, Inc
San Jose, CA
License No: 315789
$52,018.89
Harker Striping & Signage
Bakersfield, CA
License No: 615222
$26,872.32
Graham Contractors, Inc
San Jose, CA
License No: 315789
$50,674.41
Safety Striping Service
Goshen, CA
License No: 308669
$20,351.72
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APPROPRIATION ADJUSTMENT
1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.
2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.
3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.
4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.
(ROUND UP TO WHOLE DOLLAR)
Fiscal Year: 2022/2023
Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Reserves 662 300101 1,251,000
Improvements 662 9000 750050 C2202 1,251,000
Explanation of Transaction:
Supplemental appropriation request to provide funding for the Hillcrest Road Storm & Sewer Improvement Project, CIP C2202.
Prepared by Date
Department Head
FOR ADMINISTRATION AND FINANCE OFFICE ONLY
Approved
for Entry Date
Finance Office
Approved Date Journal No.
City Manager
Date Resolution No.
City Clerk
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Construction Contract – Page 1
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT, entered into on September 19, 2022 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and K.J.
Woods Construction, Inc. ("Contractor"), is made with reference to the following:
R E C I T A L S
A.City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.
B.Contractor is a corporation duly organized and in good standing in the State of California, License Number 701797. Contractor is a general contractor with a Class A, B contractor’s license, and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.
C.On August 11, 2022, City issued a Notice Inviting Bids to contractors for the Hillcrest Road Storm & Sewer Improvement Project, CIP C2202. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Designation of Subcontractor (Exhibit 6); Non-Collusion Declaration (Exhibit 7); General Conditions (Exhibit 8), Special Provisions and/or Technical Specifications (Exhibit 9) Note: these need to have the project timelines and completion schedule and “Contract Time of Completion”; Payment and Performance Bonds (Exhibit 10); Insurance Requirements (Exhibit 11); and Additional Contract Requirements (if applicable) (Exhibit 12).
D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by the latest editions of the City of Hollister Standard Specifications and the Greenbook at the time bids are opened, including all applicable updates and amendments thereto. In the event of a conflict between the General Conditions , and either the City of Hollister Standard Specifications, the Greenbook, or Caltrans Standard Specifications, the General Conditions shall govern.
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Construction Contract – Page 2
E.City and Contractor desire to enter into this Construction Contract for the Hillcrest Road Storm and Sewer Improvements Project, CIP C2202 , and other services, as identified in the in the Bid Documents for the Hillcrest Road Storm and Sewer Improvements Project, CIP C2202 upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals set forth above are incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.
SECTION 2 THE PROJECT.
The project will install +/-1,345L LF of 12-inch diameter sanitary sewer and +/-634 LF of storm drain line to 42-inch diameter, slurry seal and restriping between Memorial Drive and El Cerro Drive in the City of Hollister.
("Project").
SECTION 3 THE CONTRACT DOCUMENTS.
The Contract Documents consist of the following collection of documents:
(i)Notice Inviting Bids
(ii)Executed Construction Contract between City and Contractor. (iii)Instructions to Bidders
(iv)Statement of Work
(v)Items of Construction
(vi)Designation of Subcontractors
(vii)Non-Collusion Declaration
(xiii)General Conditions
(xvi)Special Provisions and Technical Specifications.
(x)Performance and Payment Bonds.
(xi)Insurance Forms.
(xii)Plans and Drawings.
(xiii)Reports listed in the Bidding Documents.
(xiv)Supplements, Attachments, and Exhibits attached to the above items.
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(xv)Modifications.
(xvi)Change Orders.
(xvii)Field Directives
SECTION 4 THE WORK.
The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.
SECTION 5 PROJECT TEAM.
In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.
6.3 Contract Time.
Contractor shall diligently prosecute the Work to Substantial Completion within ninety (90) working days after the date specified in City’s Notice to Proceed (the Contract Time of Completion).
6.4 Liquidated Damages.
6.4.1 Entitlement.
City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i)Loss of public confidence in City and its contractors and consultants. (ii)Loss of public use of public facilities.
(iii)Extended disruption to public.
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6.4.2 Daily Amount.
City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Cont ractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion. Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages, the amount of $1000.00 per calendar day for each day occurring after the expiration of the Contract Tim e of Completion until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.
6.4.3 Apportionment.
Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.
6.4.4 Exclusive Remedy.
City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.
6.4.5 Damages upon Abandonment.
In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance.
.2 If City elects to waive its right to liquidated damages, then Contra ctor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, F.3.c
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for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.
6.4.6 Other Remedies.
The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.
6.5 Adjustments to Contract Time of Completion.
The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.
6.6 Additional Compensation to Contractor.
The Contract Sum shall be increased by the amount of $1000.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.
Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:
(i)Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
(ii)Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the total Contract Sum of One Million, Eighty Eight Thousand Dollars ($1,088,000.00) (the “Contract Sum”).
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7.2 Full Compensation.
The Contract Sum shall be full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.
SECTION 8 STANDARD OF CARE.
Contractor agrees that the Work shall be performed by qualified, experienced and well - supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.
SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i)Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii)Performance or nonperformance by Contractor or its Subcontractors or Sub - subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii)The construction activities of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv)The payment or nonpayment by Contractor of any of its Subcontractors or Sub - subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v)Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.
However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees F.3.c
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incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.
9.2 Survival.
The provisions of Section 9 herein shall survive the termination of this Construction Contract.
SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.
This Project constitutes "public works" within the meaning of California Labor Code secti on 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; and (ii) [blank]
SECTION 11 INSURANCE AND BONDS.
Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorney. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.
For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
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(ii)On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii)On the date sent if sent by facsimile transmission; or (iv)On the date it is accepted or rejected if sent by certified mail.
13.2 Notice Recipients.
All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:
City of Hollister, Development Services Department Engineering Division 339 Fifth St.
Hollister, CA 95023
Attention: Renee Perales, CIP Manager
Re: Hillcrest Road Storm and Sewer Improvements Project, CIP C2202 .
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:
City of Hollister, City Attorney Office
375 Fifth St.
Hollister, CA 95023
Attention: Mary F. Lerner, City Attorney
Re: Hillcrest Road Storm and Sewer Improvements Project, CIP C2202.
All such Claims shall be delivered personally or sent by certified mail.
All notices, demands, requests or approvals from City to Contractor shall be addressed to:
Kieran Woods, President
K.J. Woods Construction, Inc.
P.O. Box 947
South San Francisco, CA 94083
Re: Hillcrest Road Storm and Sewer Improvements Project, CIP C2202 .
13.3 Change of Address.
In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party may, by written notice only, add delete or replace any listed individuals.
SECTION 14 DISPUTE RESOLUTION.
14.1 Resolution of Contract Disputes.
All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104 - 20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.
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14.2 Resolution of Other Disputes.
14.2.1 Other Disputes.
The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub - subcontractors of any Tier;
(iii) False claims liability under California Government Code section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.
14.2.2 Litigation, City Election.
Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.
Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and fina l determination until after Final Completion of the Work.
14.3 Submission of Contractor Claim.
14.3.1 By Contractor.
Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the General Conditions.
14.3.2 By City.
City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute.
Nothing contained herein shall preclude City from asserting contract disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).
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14.4 Contract Dispute Resolution Process.
The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.
14.4.1 Response by City.
The time periods for the City's response are set forth in the General Conditions.
14.4.2. Meet and Confer Conference.
If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
14.4.3 Mediation.
(i)Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.
The City and the claimant shall mutually agree to a mediator within ten 10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (ii)For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in F.3.c
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dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section. (iii)Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
14.4.4 Binding Arbitration.
If the Contractor Claim or Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5. .2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code; F.3.c
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provided, however, that depositions shall be limited to both of the following:
(i)Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii)Expert witnesses.
Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence.
.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.
.8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.
14.5 Non-Waiver.
There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code section 9204((f)(1) or (2).
Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.
SECTION 15 DEFAULT.
15.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of F.3.c
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default to Contractor in the manner specified for the giving of notices in the Construction Contract.
15.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days af ter receipt of written notice.
SECTION 16 CITY'S RIGHTS AND REMEDIES.
16.1 Remedies Upon Default.
In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pur sue any remedies available under law or equity, including, without limitation, the following:
16.1.1 Delete Certain Services.
City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.
16.1.2 Perform and Withhold.
City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.
16.1.3 Suspend The Construction Contract.
City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.
16.1.4 Terminate the Construction Contract for Default.
City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.
16.1.5 Invoke the Performance Bond.
City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.
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16.1.6 Additional Provisions.
All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equit y.
Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.
16.2 Delays by Sureties.
Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i)Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii)Abandonment of the Work;
(iii)If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv)Willful violation of any terms of the Construction Contract; (v)Failure to perform according to the Contract Documents; or (vi)Failure to follow instructions of City for its completion within the Contract Time.
City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice , City shall have the power to suspend the performance or any part thereof of the sureties.
16.3 Damages to City.
16.3.1 For Contractor's Default.
City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.
16.3.2 Compensation for Losses.
In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor F.3.c
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until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.
16.4 Termination of the Construction Contract for Default.
Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.
16.5 Suspension by City for Convenience.
City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the w ritten order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.
16.6 Termination Without Cause.
City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.
16.6.1 Compensation.
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Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i)Demobilizing and
(ii)Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph
6.6 of this Construction Contract.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.
16.6.2 Subcontractors.
Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms t hat are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.
16.7 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i)Immediately discontinue the Work to the extent specified in the notice; (ii)Place no further orders or subcontracts for materials, equipment, s ervices or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii)Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase orde r or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide F.3.c
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whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv)Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v)Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.
SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.
17.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:
17.1.1 For Work Stoppage.
The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.
17.1.2 For City's Non-Payment.
If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.
17.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.
SECTION 18 ACCOUNTING RECORDS.
18.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take - F.3.c
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offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disput es and other disputes or for such longer period as may be required by law.
18.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.
SECTION 19 INDEPENDENT PARTIES.
Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respecti ve agents, employees, subconsultants, or subcontractors, except as herein set forth.
SECTION 20 NUISANCE.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.
SECTION 21 PERMITS AND LICENSES.
Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.
SECTION 22 WAIVER.
A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.
City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.
SECTION 24 GOVERNING LAW.
This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.
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SECTION 25 COMPLETE AGREEMENT.
This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.
SECTION 26 SURVIVAL OF CONTRACT.
The provisions of the Construction Contract, which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.
SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.
This contract does not have special fund(s) involved requiring additional contract requirements, therefore this section does not apply.
This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
Community Development Block Grant (CDBG)
Housing and Urban Development (HUD)
[Blank]
Other: ___________________________
Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 10), as they may be amended from time to time, in addition to all other requirements imposed by City.
SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854 In accordance with State of California Senate Bill No. 854 (SB 854):
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the De partment of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
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This Project is subject to compliance monitoring and enforcement by the Depart ment of Industrial Relations.
As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).
Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .
SECTION 31 GOVERNMENTAL POWERS.
Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.
SECTION 32 SEVERABILITY.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
SECTION 33 EXHIBITS.
Exhibit 1 – Notice Inviting Bids.
Exhibit 2 – Contractor's Bid.
Exhibit 3 – Instruction to Bidders and Proposal to the City of Hollister.
Exhibit 4 – Statement of Work.
Exhibit 5 – Items of Construction.
Exhibit 6 – Designation of Subcontractor.
Exhibit 7 – Non-Collusion Declaration.
Exhibit 8 – General Conditions.
Exhibit 9 – Special Provisions and/or Technical Specifications.
Exhibit 10 – Payment and Performance Bonds.
Exhibit 11 – Insurance Requirements.
Exhibit 12 – Additional Contract Requirements (if applicable).
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IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.
CITY OF HOLLISTER,
a municipal corporation
By: ____________________________
Ignacio Velazquez, Mayor
APPROVED AS TO FORM:
By: __________________________
Mary F. Lerner, Lozano Smith Attorneys at Law
ATTEST:
By: ____________________________
City Clerk
K.J. Woods Construction, In.c
__________________________________
__________________________________
By _______________________________
Title _____________________________
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EXHIBIT 1
Notice Inviting Sealed Bids
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NOTICE INVITING SEALED BIDS
for the Sally Street Traffic Calming Project
Project Name, CIP C2201
The City Council of the City of Hollister invites sealed bids for the Sally Street Traffic Calming Project, CIP C2201.
The project will reconstruct Sally Street between Nash Road and Hawkins Street in the City of Hollister.
The project also includes replacement of the water main within Sally Street and each intersection within the project. The project will reconstruct the street and curb ramps. New roadway improvements will be conformed to private driveways.
All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.
The Bidder shall possess a Class A with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.
Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.
Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classi- fication, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars.
Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.
All proposals or bids shall be accompanied by cash, cashier’s or certified check payable to the o rder of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier’s checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.
Said sealed bids shall be delivered to the City Clerk of the City of Hollister, 375 Fifth Street, Hollister, CA, 95023, on or before 3:00 p.m. on May 25, 2022, said time being at least ten (10) days from the first Notice Inviting Sealed Bids Page 1of 2
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publication of this notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within sixty (60) calendar days from said bid opening date.
A non-mandatory Pre-bid conference will be held at City Hall in the Council Chambers located at 375 Fifth Street, Hollister, CA 95023 or you may attend via zoom (see link below) on May 11, 2022 at 10:00 a.m. The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on May 19, 2022. Questions must be received prior to this time and date by e-mail at [email protected]. You may also utilize the Q/A feature within ebidboard on the project. All questions received after this date and time will not be answered.
The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at http://www.hollister.ca.gov/Services/open-bids-and-rfps/ Plan holders must register before they can view or purchase the bid package.
To attend the pre-bid or bid opening meeting by zoom, please use the links below.
Pre-bid Meeting
Time: May 11, 2022 10:00 AM Pacific Time (US and Canada) Join Zoom Meeting
https://zoom.us/j/99306162022?pwd=UG9WWGpaSWVKV3IzSVNlTzQvaUVmZz09 Meeting ID: 993 0616 2022
Passcode: UH43xY
Bid Opening
Time: May 25, 2022 03:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://zoom.us/j/94948309420?pwd=ZHg4dTQ3NFJod2wrZDA2Smlqd3Rmdz09 Meeting ID: 949 4830 9420
Passcode: U5YAbm
Dated: April 22, 2022
Christine Black, MMC
City Clerk of the City of Hollister Published: April 29, 2022 & May 6, 2022 Notice Inviting Sealed Bids Page 2of 2
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EXHIBIT 2
Contractor’s Bid
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EXHIBIT 3
Instructions to Bidders
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ITB – 1
INSTRUCTIONS TO BIDDERS
A)GENERAL INFORMATION
The City of Hollister, California, will receive at the office of its City Clerk, 375 Fifth Street, Hollister, California until 3:00 pm August 31, 2022, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “Hillcrest Road Storm and Sewer Improvement Project CIP C2202’ CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE DESCRIBED WORK.
Said bids will be referred to and considered by the city council within 60 calendar days from said bid opening date.
B)PROPOSAL FORMS
All proposals must be made upon the “Schedule of Proposal” contained within the specifications.
All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.
C)BIDDER'S GUARANTY AND RETURN OF GUARANTY
All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall be considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's che cks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.
Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.
Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.
D)CONTRACT BONDS
Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of Hollister Standard Specifications. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a labor and material bond and a faithful perfor mance bond, each equal in amount to one hundred percent (100%) of the total bid price; said bonds shall be secured by a surety satisfactory to the City. The faithful performance bond shall be made effective for a period of one (1) year after date of acceptance of the work guaranteeing the prompt correction of faulty workmanship and the replacement of defective materials. Bonds shall contain provisions to make them enforceable by the City. Said bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.
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ITB – 2
In lieu of said faithful performance bond for maintenance, the Contractor may furnish a maintenance bond in the amount of 10% of the total contract price to cover the one year warranty period. Whenever any surety or sureties on any bonds, or on any bonds required by law for the protection of the claims or laborers and materials men, become insufficient, or the City of Hollister has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
E)REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES
Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities in the proposal.
The right is reserved to reject any and all proposals and to waive any informalities or irregularities in the proposal.
F)AWARD OF CONTRACT
The award of the contract, if it is awarded, will be made within Sixty (60) calendar days after the opening of the proposals.
G)EXECUTION OF CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract.
Failure to execute a contract and file acceptable bonds as provided herein within ten calendar days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
H)STANDARD SPECIFIC ATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of the latest City of Hollister standard specifications, which shall be referred to as the “Standard Specifications” and any amendments thereto. Incorporated into the “Standard Specifications” are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA “Standard Specifications for Public Works Construction” which shall be referred to as the “Green Book”.
The APWA Green Book Specifications may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.
The latest edition of the “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, REVISION 3”, as issued by CALTRANS, are hereby incorporated into these specifications.
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ITB – 3
I)SUPPLEMENTAL PLANS AND SPECIFICATIONS
A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportation (Caltrans), latest edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.
J)EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that he has done so.
K)WORKERS' COMPENSATION INSURANCE
Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7-4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.
L)LIABILITY INSURANCE
Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.
M)PREVAILING WAGES APPLICABLE
Notice is hereby given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.
N)DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding.
Prior to award of contract, Contractor shall provide proof of on -line registration with the Department of Industrial Relations, including listed Subcontractors, by submitting a copy of the DIR database of registered Public Works Contractors, which display Contractor/Subcontractors’ legal name, registration number, license type/number(s), registration date, and expiration date .
Proof of DIR registration is not required to be submitted with the Bid.
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ITB – 4
O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.
P) HOURS OF CONSTRUCTION
In accordance with the City of Hollister Municipal Code section 17.16.100 “Noise”, Construction shall be limited between the hours as follows:
7:00 A.M. and 6:00 P.M. Monday through Friday
8:00 A.M. and 6:00 P.M. Saturday
Work is prohibited on Sundays and Federal Holidays
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EXHIBIT 4
Statement of Work
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SOW - 1
STATEMENT OF WORK
A) LOCATION
Hillcrest Road between Memorial Drive and El Cerro Drive in the City of Hollister.
B) DESCRIPTION OF WORK
The project will install +/-1,345L LF of 12-inch diameter sanitary sewer and +/-634 LF of storm drain line to 42-inch diameter, slurry seal and restriping between Memorial Drive and El Cerro Drive in the City of Hollister.
C) CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specifications/Project Manual.
No hard copy sets will be provided to the Contractor.
D) FIELD MEASUREMENT
The Contractor shall do all surveying deemed necessary by the Contractor, for the location of a control point and temporary bench mark. The Contractor shall be responsible for construction surveying to determine line and grade at no additional cost to the City.
E) TIME FOR COMPLETION
Work shall begin within ten (10) days after the written “Notice to Proceed” has been received by the Contractor.
The work shall be diligently prosecuted to completion before the expiration of ninety (90) working days from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.
Contractor shall provide a project schedule at the construction kick -off meeting.
F) REGISTRATION OF CONTRACTORS
As stated in Notice Inviting Sealed Bids.
G) DELETION OF CONSTRUCTION ITEMS
The City reserves the option to delete any item or items of construction in entirety without penalty.
Section 2, “Scope of Work” of the Standard Specifications shall not apply.
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EXHIBIT 5
Items of Construction
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IOC- 1
ITEMS OF CONSTRUCTION
Payment on all items listed below shall include furnishing all materials, labor, tools, fittings, accessories, trenching, backfill and compaction, and equipment necessary to perform the work as spe cified in the latest edition of the Standard Specifications for Public Works Construction (Greenbook) as modified by the City of Hollister Standards Specifications dated November 2019. Any discrepancies will follow the Greenbook.
All work is paid for through corresponding bid items and n o additional compensation shall be provided, unless noted otherwise.
1.MOBILIZATION/DEMOBILIZATION
Measurement: MOBILIZATION/DEMOBILIZATION shall be measured on a lump sum basis.
Payment: Payment for MOBILIZATION/DEMOBILIZATION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MOBILIZATION/ DEMOBILIZATION. MOBILIZATION/DEMOBILIZATION shall be compensated according to the following schedule: 70% for completion of mobilization and 30% for completion of demobilization. Compensation for mobilization/demobilization shall not exceed 2.5% of the contract total of the base bid not including the cost of mobilization/demobilization. There will be no additional cost for mobilization/demobilization if added alternate work is included.
2.TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS
Measurement: TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall be measured on a lump sum basis.
Payment: Payment for TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in TRAFFIC CONTROLAND CONSTRUCTION AREA SIGNS. TRAFFIC CONTROL AND CONSTRUCTOIN AREA SIGNS shall be compensated according to the following schedule: 70% for set up of traffic control and construction area signs and 30% for completion of traffic control and removal of construction area signs.
3.REMOVE EXISTING STORM DRAIN MAIN
Measurement: REMOVE EXISTING STORM DRAIN MAIN shall be measured on a linear foot basis.
Payment: Payment for REMOVE EXISTING STORM DRAIN MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in REMOVE EXISTING STORM DRAIN MAIN, at locations as directed by the Engineer.
4.INSTALL 12” PVC SANITARY SEWER MAIN
Measurement: INSTALL 12” PVC SANITARY SEWER MAIN shall be measured on a linear foot basis.
Payment: Payment INSTALL 12” PVC SANITARY SEWER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL 12” PVC SANITARY SEWER MAIN, at locations as directed by the Engineer.
5.INSTALL 42” HDPE STORM DRAIN MAIN
Measurement: INSTALL 42” HDPE STORM DRAIN MAIN shall be measured on a linear foot basis.
Payment: Payment INSTALL 42” HDPE STORM DRAIN MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL 42” HDPE STORM DRAIN MAIN, at locations as directed by the Engineer.
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6. INSTALL 15” HDPE STORM DRAIN MAIN
Measurement: INSTALL 15” HDPE STORM DRAIN MAIN shall be measured on a linear foot basis.
Payment: Payment INSTALL 42” HDPE STORM DRAIN MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL 15” HDPE STORM DRAIN MAIN, at locations as directed by the Engineer.
7. INSTALL STORM DRAIN MANHOLE
Measurement: INSTALL STORM DRAIN MANHOLE shall be measured on a per each.
Payment: Payment INSTALL STORM DRAIN MANHOLE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL STORM DRAIN MANHOLE, at locations as directed by the Engineer.
8. INSTALL SEWER MANHOLE
Measurement: INSTALL SEWER MANHOLE shall be measured on a per each.
Payment: Payment INSTALL SEWER MANHOLE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL SEWER MANHOLE, at locations as directed by the Engineer.
9. CONNECT TO EXISTING STORM DRAIN MANHOLE
Measurement: CONNECT TO EXISTING STORM DRAIN MANHOLE shall be measured on a per each.
Payment: Payment CONNECT TO EXISTING STORM DRAIN MANHOLE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CONNECT TO EXISTING STORM DRAIN MANHOLE, at locations as directed by the Engineer.
10. CONNECT TO EXISTING STORM DRAIN INLET
Measurement: CONNECT TO EXISTING STORM DRAIN INLET shall be measured on a per each.
Payment: Payment CONNECT TO EXISTING STORM DRAIN INLET shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CONNECT TO EXISTING STORM DRAIN INLET, at locations as directed by the Engineer.
11. CONNECT TO EXISTING SEWER MANHOLE
Measurement: CONNECT TO EXISTING SEWER MANHOLE shall be measured on a per each.
Payment: Payment CONNECT TO EXISTING SEWER MANHOLE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CONNECT TO EXISTING SEWER MANHOLE, at locations as directed by the Engineer.
12. CRACK SEALING
Measurement: CRACK SEALING shall be measured on a lump sum basis.
Payment: Payment for CRACK SEALING shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CRACK SEALING.
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13. SLURRY SEAL (TYPE II)
Measurement: SLURRY SEAL (TYPE II) shall be measured on a square yard basis
Payment: Payment for SLURRY SEAL (TYPE II) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SLURRY SEAL (TYPE II). Payment for this item includes all utility coordination necessary to protect utility manholes and vaults during slurry seal.
14. STOP APPROACH LINE
Measurement: STOP APPROACH LINE shall be measured on a linear foot basis.
Payment: Payment for STOP APPROACH LINE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in STOP APPROACH LINE.
STOP APPROACH LINE shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
15. THERMOPLASTIC PAVEMENT MARKING (WHITE)
Measurement: THERMOPLASTIC PAVEMENT MARKING (WHITE) shall be measured on a square foot basis.
Payment: Payment for THERMOPLASTIC PAVEMENT MARKING (WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING (WHITE). THERMOPLASTIC PAVEMENT MARKING (WHITE) shall be compensated on a square foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
16. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B)
Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B). THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
17. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39)
Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) shall include full compensation for providing all labor, materials, tools, equipment and F.3.c
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incidentals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39). THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
18. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21)
Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21). THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefo re.
19. THERMOPLASTIC STRIPE (6” YELLOW)
Measurement: THERMOPLASTIC STRIPE (6” YELLOW) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC STRIPE (6” YELLOW) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC STRIPE (6” YELLOW). THERMOPLASTIC STRIPE (6” YELLOW) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no add itional compensation shall be allowed therefore.
20. THERMOPLASTIC STRIPE (6” WHITE)
Measurement: THERMOPLASTIC STRIPE (6” WHITE) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC STRIPE (6” WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC STRIPE (6” WHITE). THERMOPLASTIC STRIPE (6” WHITE) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
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Designation of Subcontractors
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Non-Collusion Declaration
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General Conditions
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TABLE OF CONTENTS
PAGE
SECTION 1 DEFINITIONS AND TERMS ................................................................................ 1 G1.01 GENERAL ............................................................................................................... 1 G1.02 DEFINITIONS ......................................................................................................... 1 G1.03 ABBREVIATIONS .................................................................................................. 5 SECTION 2 PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS ................. 8 G2.01 OBTAINING PROPOSAL FORMS ..................................................................... 8 G2.02 ENGINEER'S ESTIMATE..................................................................................... 8 G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK ...... 8 G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA .............. 8 G2.05 EXPLANATIONS ................................................................................................... 9 G2.06 PREPARATION OF PROPOSALS ..................................................................... 9 G2.07 SUBMISSION OF PROPOSALS ........................................................................ 9 G2.08 LIST OF SUBCONTRACTORS ........................................................................... 9 G2.08A IDENTIFICATION OF SURETY COMPANY FURNISHING
PERFORMANCE AND PAYMENT BONDS ................................................... 10 G2.09 PROPOSAL GUARANTY ................................................................................... 10 G2.10 NON-COLLUSION DECLARATION. ................................................................ 10 G2.11 WITHDRAWAL OF PROPOSALS .................................................................... 10 G2.12 PUBLIC OPENING OF PROPOSALS.............................................................. 10 G2.13 REJECTION OF PROPOSALS ......................................................................... 10 G2.14 DISQUALIFICATION OF BIDDERS ................................................................. 11 G2.15 LICENSING OF BIDDERS ................................................................................. 11 G2.16 RESPONSIBILITY OF BIDDERS ..................................................................... 11 G2.16A INELIGIBILITY OF CONTRACTORS ............................................................... 11 G2.17 RELIEF OF BIDDERS ........................................................................................ 11 G2.18 BID PROTEST PROCEDURE ........................................................................... 12 G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. ............. 12 G2.20 IRAN CONTRACTING ACT ............................................................................... 12 SECTION 3 AWARD AND EXECUTION OF CONTRACT ................................................. 13 G3.01 AWARD OF CONTRACT ................................................................................... 13 G3.02 TIME OF AWARD ................................................................................................ 13 G3.03 EXECUTION OF CONTRACT ........................................................................... 13 G3.04 CONTRACT BONDS .......................................................................................... 14 G3.05 FAILURE TO EXECUTE CONTRACT ............................................................. 14 G3.06 RETURN OF PROPOSAL GUARANTY .......................................................... 14 SECTION 4 SCOPE OF WORK ............................................................................................. 15 G4.01 INTENT OF CONTRACT DOCUMENTS ......................................................... 15 G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS ..... 15 G4.03 DIFFERING SITE CONDITIONS ...................................................................... 15 F.3.c
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G4.04 CHANGES; CONTRACT CHANGE ORDER .................................................. 16 G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK ......................... 16 G4.06 PROPOSED CONTRACT CHANGE ORDER ................................................ 17 G4.07 EXECUTED CONTRACT CHANGE ORDER ................................................. 17 G4.08 CONTRACT PRICE ADJUSTMENT ................................................................ 17 G4.09 PROTEST PROCEDURE .................................................................................. 18 G4.10 CONTINUANCE OF CONSTRUCTION ........................................................... 19 G4.11 FIELD CHANGES ................................................................................................ 19 G4.12 DETOURS ............................................................................................................ 19 G4.13 ARCHAEOLOGICAL DISCOVERIES .............................................................. 19 G4.14 PRESERVATION AND CLEANING.................................................................. 19 G4.15 GUARANTY OF WORK...................................................................................... 19 G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD ........................ 20 G4.17 VALUE ENGINEERING ...................................................................................... 20 SECTION 5 CONTROL OF WORK ........................................................................................ 23 G5.01 AUTHORITY OF ENGINEER ............................................................................ 23 G5.02 CONTRACT DRAWINGS ................................................................................... 23 G5.03 SHOP DRAWINGS.............................................................................................. 23 G5.04 CONFORMITY WITH CONTRACT DOCUMENTS ........................................ 24 G5.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS ...................................................................................................... 24 G5.06 ORDER OF WORK ............................................................................................. 25 G5.07 SUPERINTENDENCE ........................................................................................ 25 G5.08 LINES AND GRADES ......................................................................................... 25 G5.09 INSPECTION........................................................................................................ 26 G5.10 DOCUMENTS ON JOB SITE ............................................................................ 27 G5.11 CORRECTION, REMOVAL OF REJECTED WORK ..................................... 27 G5.12 EQUIPMENT AND PLANTS .............................................................................. 27 G5.13 CHARACTER OF WORKERS ........................................................................... 27 G5.14 FINAL INSPECTION ........................................................................................... 27 G5.15 SUBMITTAL OF AS-BUILT DATA .................................................................... 28 G5.16 EMERGENCIES .................................................................................................. 28 G5.17 RIGHTS-OF-WAY................................................................................................ 28 SECTION 6 CONTROL OF MATERIALS .............................................................................. 29 G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS ............................. 29 G6.02 CITY-FURNISHED MATERIALS ...................................................................... 29 G6.03 STORAGE OF MATERIALS .............................................................................. 30 G6.04 DEFECTIVE MATERIALS .................................................................................. 30 G6.05 TRADE NAMES AND ALTERNATIVES .......................................................... 30 G6.06 PLANT INSPECTION.......................................................................................... 30 G6.07 PRODUCT AND REFERENCE STANDARDS ............................................... 31 G6.08 SAMPLES ............................................................................................................. 31 G6.09 TESTING OF MATERIALS OR WORK............................................................ 31 G6.10 CERTIFICATE OF COMPLIANCE .................................................................... 32 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES ............................................ 33 G7.01 LAWS TO BE OBSERVED ................................................................................ 33 G7.02 LABOR CODE REQUIREMENTS .................................................................... 33 F.3.c
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G7.03 AIR POLLUTION CONTROL ............................................................................. 36 G7.04 WATER POLLUTION CONTROL ..................................................................... 36 G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING
UTILITIES ............................................................................................................. 38 G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION ......................................... 38 G7.07 SOUND CONTROL REQUIREMENTS ............................................................ 39 G7.08 USE OF PESTICIDES ........................................................................................ 39 G7.09 WEIGHT LIMITATIONS ...................................................................................... 39 G7.10 PAYMENT OF TAXES ........................................................................................ 39 G7.11 PERMITS AND LICENSES ................................................................................ 39 G7.12 PATENTS.............................................................................................................. 40 G7.13 SAFETY REQUIREMENTS ............................................................................... 40 G7.14 TRENCH EXCAVATION SAFETY PLAN ........................................................ 41 G7.15 SANITARY PROVISIONS .................................................................................. 41 G7.16 PUBLIC CONVENIENCE ................................................................................... 41 G7.17 PUBLIC SAFETY ................................................................................................. 42 G7.18 PRESERVATION OF PROPERTY ................................................................... 42 G7.19 RESPONSIBILITY FOR DAMAGE ................................................................... 43 G7.20 RESPONSIBILITY FOR WORK AND MATERIALS ....................................... 44 G7.21 CONTRACTOR'S LIABILITY INSURANCE .................................................... 44 G7.22 PROPERTY INSURANCE ................................................................................. 46 G7.23 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE ............................. 47 G7.24 COOPERATION .................................................................................................. 47 G7.25 OCCUPANCY PRIOR TO ACCEPTANCE...................................................... 48 G7.26 ACCEPTANCE OF THE WORK ....................................................................... 48 G7.27 PROPERTY RIGHTS IN MATERIALS ............................................................. 48 G7.28 RIGHTS IN LAND AND IMPROVEMENTS ..................................................... 48 G7.29 ANTITRUST CLAIMS.......................................................................................... 48 G7.30 ACCESS TO THE WORK .................................................................................. 49 G7.31 PERSONAL LIABILITY ....................................................................................... 49 G7.32 THIRD PARTY RIGHTS ..................................................................................... 49 G7.33 INDEPENDENT CONTRACTOR STATUS ..................................................... 49 G7.34 HAZARDOUS CHEMICALS AND WASTES ................................................... 49 SECTION 8 PROSECUTION AND PROGRESS ................................................................. 50 G8.01 SUBCONTRACTING .......................................................................................... 50 G8.02 ASSIGNMENT...................................................................................................... 51 G8.03 NOTICE TO PROCEED ..................................................................................... 51 G8.04 BEGINNING OF WORK ..................................................................................... 51 G8.05 SCHEDULES AND PROGRESS REPORTS .................................................. 51 G8.06 SITE MEETINGS ................................................................................................. 52 G8.07 TIME OF COMPLETION .................................................................................... 52 G8.08 ADDITIONAL SHIFT WORK .............................................................................. 52 G8.09 CITY'S RIGHT TO STOP THE WORK ............................................................. 52 G8.10 LIQUIDATED DAMAGES ................................................................................... 52 G8.11 DELAYS AND EXTENSIONS OF TIME .......................................................... 53 G8.12 TERMINATION OF RIGHT TO PROCEED ..................................................... 54 G8.13 TERMINATION OF CONTRACT ...................................................................... 55 G8.14 CITY AND NON-CITY FACILITIES .................................................................. 57 F.3.c
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G8.15 TEMPORARY UTILITIES ................................................................................... 57 SECTION 9 MEASUREMENT AND PAYMENT ................................................................... 58 G9.01 MEASUREMENT OF QUANTITIES ................................................................. 58 G9.02 SCOPE OF PAYMENT ....................................................................................... 58 G9.03 FORCE ACCOUNT PAYMENT ......................................................................... 58 G9.04 FORCE ACCOUNT RECORDS ........................................................................ 64 G9.05 NOTICE OF POTENTIAL CLAIM ...................................................................... 65 G9.06 RECORDS ............................................................................................................ 65 G9.07 DISPUTE RESOLUTION.................................................................................... 66 G9.08 STOP PAYMENT NOTICES .............................................................................. 66 G9.09 PAYMENT SCHEDULES ................................................................................... 66 G9.10 PROGRESS ESTIMATES AND INVOICES FOR WORK
COMPLETED ...................................................................................................... 67 G9.11 RETENTION ......................................................................................................... 67 G9.12 PARTIAL PAYMENTS ........................................................................................ 67 G9.13 PAYMENT OF WITHHELD FUNDS ................................................................. 68 G9.14 PROMPT PAYMENT TO CONTRACTOR ...................................................... 68 G9.15 FINAL PAYMENT ................................................................................................ 68 F.3.c
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SECTION 1
DEFINITIONS AND TERMS
G1.01 GENERAL. Whenever the following abbreviations and terms, or pronouns in place of them, appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "flagman" and the pronoun "he," are utilized for the sake of brevity, and are intended to refer to persons of either sex.
G1.02 DEFINITIONS. As used herein, unless the context otherwise requires, the following terms have the following meaning:
Acceptance: The formal written acceptance by the City of an entire contract which has been completed in all respects in accordance with the Contract Documents.
Addenda: Written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening.
Agents: The term "agents" means, in the case of the City, its Consulting Engineer, (if not the Engineer of the work and defined as the Engineer in the Contract Documents), the City Legal Counsel and others retained by the City to provide services associated with contract work.
As Approved: The words "as approved," unless otherwise qualified, shall be understood to be followed by the words "by the Engineer for conformance with the Contract Documents."
As -Built Drawings: Contract plans revised to reflect any modifications resulting during the construction phase and conditions found to differ from those shown on the contract plans.
As Shown; and As Indicated: The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Contract Plans," "in the Specifications" or "by the Contract Documents" as appropriate.
Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
Caltrans: The Department of Transportation, Business & Transportation Agency, State of California.
City: The City of Hollister.
City Manager: The City Manager of the City.
City Clerk: The City Clerk of the City.
Contract Change Order: An order authorized by the City and issued to the contractor amending the Contract Documents. An "approved Contract Change Order" is an order signed by the Engineer or the City Manager. An "executed Contract Change Order" is an order signed by the Engineer or the City Manager and the Contractor.
Contract: The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. The Contract shall include the Contract Documents, and any and all supplemental agreements. Supplemental agreements are F.3.c
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written agreements covering alterations, amendments or extensions to the Contract and include contract change orders.
Contract Completion: The date the City accepts the entire work as being in compliance with the Contract Documents, or formally waives nonconforming work to the extent of nonconformity, and issues the final payment in accordance with Section 9 of these General Conditions.
Contract Documents: The Contract Documents consist of the Notice to Bidders; General Conditions; Special Provisions; Technical Specifications; Proposal (as accepted); Contract; Contract Drawings; Addenda; Change Orders and any other documents specified and required to be part of the Contract.
Contractor: The person or persons, firm, partnership, corporation or combination thereof, private or municipal, who enters into the Contract with the City. Requirements set out in the Contract Documents for the Contractor shall apply to all of the Contractor's agents, subcontractors and suppliers as applicable.
Contract Drawings: The official plans, profiles, cross sections, elevations, details, and supplemental drawings furnished by the Engineer, which show the locations, character, dimensions and details of the work to be performed. Contract Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents regardless of the method of binding. Also referred to as "Contract Plans," "Plans," and "Drawings."
Council or City Council: The City Council of the City of Hollister.
County: The County of San Benito.
Days: Unless otherwise designated, "days" will be understood to mean calendar days.
Engineer: The City's Director of Public Works or City Engineer, unless otherwise defined in the Special Provisions. The term may also include representatives or agents of the City acting in contract administration capacities such as a Resident Engineer or Inspector when such inclusion is appropriate such as in the context of a Notice of Potential Claim and Safety Requirements.
Engineer's Estimate: The list of estimated quantities of work to be performed as may be contained in the Proposal Form.
Federal Agencies: Whenever, in the Specifications, reference is made to any Federal agency or officer, such reference shall be deemed made to any agency or officer succeeding, in accordance with law, to the powers, duties, jurisdiction and authority of the agency or officer mentioned.
Field Changes/Directives: A document that records minor variations or changes in the plans and/or specifications, which minor variations do not affect the basic design, schedule, compensation or other material terms of the contract.
Fixed Costs: Any necessary labor, material and equipment costs directly expended on the item or items under consideration, which remain constant regardless of the quantity of the work done.
General Notes: The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings, and so identified thereon, which pertain to the performance of the work.
Legal Holidays: Those days designated as State holidays by the Government Code or declared by F.3.c
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the City Council.
Liquidated Damages: The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the Contractor for each calendar day's delay in completing the whole, or any specified portion, of the work beyond the time allowed in the Contract Documents.
Notice to Proceed: A written notice given by the City to the Contractor fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform its obligation under the Contract Documents.
Office of the City: Whenever reference is made to the Office of the City or the City's office, such reference shall be deemed made to the City's office at 375 Fifth Street, Hollister, California 95023.
Or Equal: The term "or equal" shall mean that the "equal" product is the same or better than the product named in function, performance, reliability, quality and general configuration. Determination of equality in reference to the project design requirements will be made by th e Engineer. Such equal products shall not be purchased or installed by the Contractor without written acknowledgment of the Engineer.
Owner: The City.
Plans: Refer to Contract Drawings.
Professional Engineer: An engineer licensed by the Board of Registration for Professional Engineers, State of California.
Project: A term sometimes used to reference the work of improvement called for under the Contract.
Proposal: The offer of the bidder for the work, when made out and submitted on the prescribed proposal form, properly signed and guaranteed.
Proposal Form: The approved form upon which the City requires formal bids be prepared and submitted for the work.
Proposal Guaranty: The cashier's check, certified check or Bidder's Bond accompanying the proposal submitted by the bidder, as a guaranty that the bidder will enter into a contract with the City for the performance of the work, if the Contract is awarded to him. Also referred to as "Bidder's Security."
Provide: The term "provide" shall be understood to mean "furnish and install, complete and in place."
Responsive: A "responsive" Proposal is one, which complies with the requirements prescribed herein for Proposals.
Responsible: A "responsible" proposer is one who has the ability and will to satisfactorily perform the contract as evidenced by the proposer's experience and skills in the kind of work contemplated by the contract, access to resources, financial stability, dependability and integrity and who has demonstrated trustworthiness, as well as quality of fitness.
Special Provisions: The Special Provisions are specific clauses setting forth conditions or requirements of the work and supplementary to these General Conditions. Also referred to as F.3.c
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"Supplementary Conditions."
Specifications: The term "Specifications" refers to those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship set forth in the latest edition of the City of Hollister Standard Specifications; the latest edition of the Greenbook; the latest edition of the California Manual on Uniformed Traffic Control Devices; and, the latest edition of the California Department of Transportation Standard Specifications, except Sections 1-9 are omitted in their entirety; as applied to the work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. If referenced specifications conflict with Specifications contained herein, the requirements contained herein shall prevail. Also referred to as "Technical Specifications."
State: The State of California.
Substantial Completion: There is substantial completion or substantial performance of the contract when all essentials necessary to the full accomplishment of the purpose for which the things contracted for are performed with such an approximation to complete performance that the City obtains substantially what is called for by the contract. The City shall determine substantial completion in its own judgment.
Work: The term "W ork" includes all material, labor, tools, and all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure.
Work Site: The area or areas of actual construction and the areas immediately adjacent thereto.
Note: The use of any particular gender pronoun shall mean either or both genders without qualification or reservation. The use of a particular pronoun is for convenience of document construction only.
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G1.03 ABBREVIATIONS. As used herein, unless the context otherwise requires, the following abbreviations have the following meanings:
AAMA Architectural Aluminum Manufacturers' Association
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers' Association
AGA American Gas Association
AGMA American Gear Manufacturers' Association
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Movement and Control Association
ANSI American National Standards Institute
APA American Plywood Association
APWA American Public Works Association
API American Petroleum Institute
AREA American Railway Engineering Association
ARI American Refrigeration Institute
ASA American Standards Association
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
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AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
CRSI Concrete Reinforcing Steel Institute
CS Commercial Standards (US Department of Commerce)
CSI Construction Specifications Institute
DOT United States Department of Transportation
EIA Electronic Industries Association
EPA Environmental Protection Agency
FGMA Flat Glass Marketing Association
FHWA Federal Highway Administration
FM Factory Mutual
FS Federal Specification
IAMPO International Association of Mechanical and Plumbing Officials ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronics Engineers
NAAMM National Association of Architectural Metal Manufacturers NBFU National Bureau Fire Underwriters
NEC National Electrical Code
NEMA National Electrical Manufacturers' Association
NFC National Fire Code
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Administration
PEI Porcelain Enamel Institute
PG&E Pacific Gas and Electric Company
PS Product Standard (US Department of Commerce)
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PacBell Pacific Bell
SAE Society of Automotive Engineers
SCFM Standard Cubic Feet per Minute
SCPO Structural Clay Products Institute
SDR Standard Dimension Ratio
SMACNA Sheet Metal and Air Conditioning Contractors' National Association
SSPC Steel Structures Painting Council
TCA Tile Council of America
TPI Truss Plate Institute
UBC Uniform Building Code
UL Underwriters' Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
WWPA Western Wood Products' Association
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SECTION 2
PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS
G2.01 OBTAINING PROPOSAL FORMS. Proposal forms and other bid documents shall be obtained electronically via the City of Hollister website at the following link:
http://www.hollister.ca.gov/services/open-bids-and-rfps/
G2.02 ENGINEER'S ESTIMATE. If an Engineer's Estimate of quantities is given in the Proposal, the quantities are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work.
G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK. The bidder shall examine carefully the Contract Documents and the site of work and shall inform himself of the conditions relating to the execution of the work. Failure to do so will not relieve the successful bidder of its obligation to enter into a Contract and complete the work in strict accordance with the Contract Documents. "Conditions relating to the execution of the work" include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of the work, including, but not limited to, applicable regulations concerning minimum wage rates, non-discrimination in the employment of labor, protection of public and employee health and safety, and environmental protection. The submission of a Proposal shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.
G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA. Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective bidders may inspect the records of such investigations at the City office subject to and upon the conditions set forth in these Contract Documents.
Investigations of surface topography and/or subsurface conditions were made for the purpose of study and design only and neither the City nor the Engineer(s) which conducted such investigations assumes any responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. There is no warranty or guaranty, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered.
Logs of test borings, geotechnical reports, or topographic maps showing a record of the data obtained by the City's investigations of surface and subsurface conditions that are made available shall not be considered a part of the Contract Documents. Such logs, reports and maps represent only the opinion of the consultant retained by the City as to the character of the materials encountered by him in its investigations and are available only for the convenience of the bidder or Contractor.
The availability or use of information described in this Section G2.04 is not intended to be and shall not be construed to be a waiver of the provisions of Section G2.03, and will not relieve the bidder or Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents.
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G2.05 EXPLANATIONS. Any explanation of the Contract Documents desired by a prospective bidder shall be requested in writing from the Engineer, and delivered to City no less than fourteen (14) calendar days prior to the date for opening of proposals. Any explanation, instruction, or change to Contract Documents will be made by written addendum, which will be mailed or delivered to each firm receiving a set of the Contract Documents. Upon mailing or delivery, such addendum will become a part of Contract Documents and binding on all bidders. The receipt of the addendum by the bidder shall be acknowledged and so noted in the space provided on the Proposal Form. All addenda shall be attached to the Proposal. Only written explanations, instructions or changes so given by the City will be effective. Oral explanations or instructions will not be binding on the City.
G2.06 PREPARATION OF PROPOSALS. The form of Proposal in this book, when filled out and executed by the bidder, shall be submitted as its bid. Bids not presented on such forms will be disregarded.
All blank spaces in the Proposal form must be filled in, as required, preferably in black ink. All price information shall be shown, clearly legible, in both words and figures, where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in the case of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and extended totals, unit prices shall prevail.
The bidder shall sign its Proposal in the blank space provided therefor. If bidder is the sole owner, the Proposal shall be signed by the owner. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If bidder is a partnership, the true name of the firm shall be set forth above , the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the bidder is a joint venture, the Proposal shall be signed by each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the bidder other than an officer of a corporation or a member of a partnership, a notarized power -of-attorney must be on file with the Owner prior to opening of Proposals or must be submitted with the Proposal. If requested by the City, the bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal.
G2.07 SUBMISSION OF PROPOSALS. All Proposals must be submitted not later than the time prescribed, at the place, and in the manner set forth in the Notice to Bidders. Proposals must be made on the Proposal forms provided herewith. Proposals and other required forms may be copied and submitted as a separate package or may be left attached to this book. Any Proposal received after the prescribed time shall be rejected, regardless of whether or not Proposals are opened exactly at the prescribed time.
Each Proposal must be submitted in a sealed envelope. The envelope must be clearly marked to show the bidder's name and the Contract name, without being opened, and be addressed in conformance with the instructions in the Notice to Bidders.
G2.08 LIST OF SUBCONTRACTORS. The bidder shall submit with its Proposal, on the List of Subcontractors provided, the names and business addresses of each subcontractor who will perform work under this Contract in excess of 1/2 of 1 percent of the amount of the total Proposal, and F.3.c
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shall list the portion of the work which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform that portion of the work himself, and represents that he is qualified to perform that portion of the work himself.
G2.08A SURETY COMPANY FURNISHING PERFORMANCE AND
PAYMENT BONDS. The surety(ies) shall be California admitted insurer(s) with a high bond rating.
G2.09 PROPOSAL GUARANTY. All Proposals shall be accompanied by a cashier's check or certified check, payable to the City Clerk of the City, or a Bid Bond so payable executed by a corporation authorized to transact business as a surety in the State of California in an amount not less than 10 percent of the total amount of the Proposal submitted.
This bid security shall be given as a guaranty that the bidder will not withdraw its Proposal for ninety (90) days after bid opening, and that if awarded the Contract, the successful bidder will execute the attached Contract and furnish a properly executed Performance Bond and Payment Bond each in the full amount of the Contract price within the time specified.
If the bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith; additional forms may be obtained from the City. The Attorney-in-Fact who executes this bond on behalf of the surety must attach a notarized copy of its power-of-attorney as evidence of its authority to bind the surety on the date of execution of the bond. Any conditions or limitation placed upon said check or any alteration of the form of said bond, or imperfection in the execution thereof, will render it informal and may, at the option of the City, result in the rejection of the Proposal.
If the Bidder elects to furnish a cashier's check, he shall also submit therewith the Bid Security Form included herewith.
G2.10 NON-COLLUSION DECLARATION. All Proposals shall be accompanied by an executed non-collusion declaration in the form required by Public Contract Code Section 7106.
G2.11 WITHDRAWAL OF PROPOSALS. A bidder may withdraw its Proposal at any time prior to the time fixed in the Notice to Bidders for the opening of bids only by filing a written notice with the City. The notice shall be executed by the bidder in conformance with Section G2.06. A telegraphic or telefax notice of withdrawal is not effective. Withdrawal of a Proposal does not prejudice the right of a bidder to submit a new Proposal. No Proposal may be withdrawn after the time scheduled for opening of Proposals, unless and until the time specified in Section G3.02, Time of Award, has elapsed.
G2.12 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read aloud publicly at the date, time and place designated in the Notice to Bidders. The City official opening the bids will determine the official time and such determination will be final.
G2.13 REJECTION OF PROPOSALS. Proposals may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the Proposals incomplete, indefinite or ambiguous; obviously unbalanced F.3.c
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prices; no acceptable Bid Security; or if the Proposal is not properly executed.
G2.14 DISQUALIFICATION OF BIDDERS. More than one Proposal from an individual, firm, partnership, corporation or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated may cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all Proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. A Proposal may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state or local project because of a violation of law or a safety regulation.
G2.15 LICENSING OF BIDDERS. Bidders and their proposed subcontractors shall hold such licenses as may be specified in the Notice to Bidders and as may be required by Division 3, Chapter 9 of the California Business and Professions Code concerning the licensing of contractors.
As a matter of bidder responsibility, each bidder shall be properly licensed in accordance with the laws of the State of California at the time of bid opening. Failure to be so licensed may be reason to reject a bid totally in the sole discretion of the City. If the bid is subm itted by a joint venture, then each member of the joint venture must be licensed at the time of bid opening, but a joint venture license is not required until contract award.
G2.16 RESPONSIBILITY OF BIDDERS. Bidders shall, if requested by the City, submit a statement of qualifications which shall include experience in the type of work to be performed, financial condition, available construction equipment, and listing of all agencies for which work has been performed during the past two years. The City may reject the Proposal of any bidder on the basis of insufficient work experience and/or skills in the kind of work contemplated in the contract, insufficient financial capability, inadequate equipment, poor performance on work previously completed for the City or other agencies, or previous violation of safety or other legal requirements resulting in disqualification or otherwise being prevented from bidding on federal, state or local agency projects.
To be responsible a bidder must have clearly demonstrated trustworthiness as well as quality of fitness, capacity and experience to satisfactorily perform the contract.
G2.16A INELIGIBILITY OF CONTRACTORS. Pursuant to Public Contract Code Section 6109, by submitting its bid, a bidder certifies that it has not been deemed ineligible to bid, work on or be awarded a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7 and that it will not use any subcontractors to perform work on the public works project that have been deemed ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 and 1777.7. Any contract on a public works project between a contractor and a debarred subcontractor is void as a matter of law. Any public money paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contractor shall be responsible for the payment of wages to any workers of the debarred subcontractor who worked on the project.
G2.17 RELIEF OF BIDDERS. Pursuant to California Public Contract Code Section 5103, unless the City in its sole discretion elects otherwise, a bidder shall not be relieved of its bid nor shall any change be made in its bid because of mistake, but he may bring an action against the City in a court of competent jurisdiction in the county in which the bids were opened for the recovery of the amount forfeited, without interest or costs. In the event the bidder who brings an action against the F.3.c
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City fails to recover a judgment, the bidder shall pay all costs incurred by the City in the suit, including reasonable attorneys' fees to be fixed by the court.
If the bidder brings such action it shall be its responsibility to establish that:
a. A mistake was made;
b. He gave the City written notice within five (5) days after the opening of the Proposals of the mistake, specifying in the notice in detail how the mistake occurred;
c. The mistake made the Proposal materially different than he intended it to be; and
d. The mistake was made in filling out the Proposal and was not due to error in judgment nor to carelessness in inspecting the site of the work, nor in reading the Contract Documents.
G2.18 BID PROTEST PROCEDURE. The City maintains written protest procedures that must be followed for all bid protests. All protests must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon restrictive specifications or alleged improprieties in the bidding procedure which are apparent or reasonably should have been discovered prior to the bid opening shall be filed in writing with the City Clerk, at least five (5) calendar days prior to bid opening. Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to bid opening shall be submitted in writing to the City clerk, within forty-eight (48) hours from receipt of notice from the City advising of the recommendation for award of contract.
G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at the time of bid.
For federally funded projects, the contractor and subcontractors must be registered at the time of contract award. (See Labor Code section 1771.1(a).)
This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Sectio n 1771.4. The Contractor must post Site notices, as prescribed by regulation. (8 CCR 16451(d).)
G2.20 IRAN CONTRACTING ACT. By submission of the a bid, the undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).
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SECTION 3
AWARD AND EXECUTION OF CONTRACT
G3.01 AWARD OF CONTRACT. The City reserves, in its sole discretion, the right to reject any and all Proposals and to waive any informalities and irregularities in Proposals received, other provisions in the Contract Documents notwithstanding.
The Proposals will be compared on the basis of the Total Bid Price, which is the sum of the lump sum bid items and, for unit price items, the sum of the products of the Engineer's Estimate of quantities shown in the Proposal multiplied by the unit bid price. In the event of a discrepancy between the unit bid price and the extension price, the unit price shall govern. Any mathematical errors that appear on the face of the bid shall be corrected by the City and the City will use the mathematically correct total bid price in determining the lowest monetary bidder.
The award of the Contract, if it be awarded, will be made to the lowest responsible, responsive bidder.
In addition, the City reserves, in its sole discretion, the right to award the Contract for all or some of the bid items included in the Bid Schedule. The City may eliminate some of the bid items prior to or after award of the Contract due to budgetary constraints.
G3.02 TIME OF AWARD. Within sixty (60) days after the opening of Proposals, the City will either reject all Proposals or award the Contract to the lowest responsible, responsive bidder. If the lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the second lowest responsible, responsive bidder. Such award, if made, will be made within seventy-five (75) days after the opening of Proposals. If the second lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the third lowest responsible, responsive bidder. Such award, if made, will be made within ninety (90) days after the opening of Proposals. The periods of time specified above within which an award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing by the City and the bidder or bidders concerned.
G3.03 EXECUTION OF CONTRACT. The successful bidder shall, within fifteen (15) days after having received notice that the Contract has been awarded, sign and deliver to the Owner a Contract in the form hereto attached together with the Contract Bonds and insurance certificates executed as required in the Contract Documents. Within ten (10) days (not including Saturdays, Sundays and legal holidays) after receiving the signed Contract with acceptable bonds and insurance certificates from the successful bidder, the City will sign the Contract. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is an individual, the contract shall be executed personally by the Contractor. If the Contractor is a co-partnership, it is desirable that the contract be executed by all of the partners, but it may be executed by one of them. If the Contractor is a joint venture, the contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to bind the joint venture. If the Contractor is an F.3.c
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LLC, the contract must be executed by an officer or member who has full and proper authorization to bind the LLC.
G3.04 CONTRACT BONDS. The bidder to whom the Contract is awarded shall furnish the following bonds ("Contract Bonds"):
a. Performance Bond, in an amount not less than 100 percent of the Contract price, to secure faithful performance of the and in the amount of not less than 10 percent (10%) of the Contract price to guarantee the correction of work during the warranty period of one year from the date final acceptance of the work by the City.
b. Payment Bond, in an amount not less than 100 percent of the Contract price, to secure payment of all persons supplying labor or materials for the construction of the work.
Contract bonds shall be on the forms bound herewith and shall be executed by an admitted surety insurer authorized to transact business in the State of California, with a financial condition and record of service satisfactory to City.
All alterations, extensions of time, extra and additional work and other changes authorized by the Contract Documents may be made without securing the consent of the surety or sureties on the Contract Bonds.
G3.05 FAILURE TO EXECUTE CONTRACT. Failure of a bidder to whom the Contract is awarded to promptly and properly execute the Contract or furnish acceptable Contract bonds, or certificates of insurance, shall be just cause for the annulment of the award and the forfeiture of such bidder's Proposal Guaranty. The Proposal Guaranty shall be retained by the City as liquidated damages and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the successful bidder fails to enter into a Contract.
G3.06 RETURN OF PROPOSAL GUARANTY. Within fifteen (15) days after the award of the Contract, the City will return the Bidder's Bond or the certified or cashier's check to all the Bidders except for the three lowest Bidders. When the Contract is executed, the bonds of the two remain ing unsuccessful Bidders will be returned. Retained Proposal guaranties will be held until seventy-five (75) days after opening of Proposals or until a Contract has been finally executed, whichever occurs first, after which all Proposal guaranties, other than Bidder's Bonds and any guaranties that have been forfeited, will be returned.
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SECTION 4
SCOPE OF WORK
G4.01 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. When the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning, are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect on the first published date of the Notice to Bidders, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or any of City's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.
The Contract Documents are divided into parts, divisions and sections for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.
The City makes no warranty whatsoever, express or implied, with respect to the Contract Documents other than that the Contract Plans and Specifications were prepared by a professional engineer and/or professional architect registered to practice in the State of California and so endorsed.
G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and determine the nature and location of the work, the general and local conditions, and all other matters, which can in any way affect the work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of this Contract. No oral agreement or conversation with any officer, agent or employee of the Owner, or with the Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents.
G4.03 DIFFERING SITE CONDITIONS. Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of:
(1)material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II F.3.c
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or class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
The Engineer shall promptly investigate the conditions. If the Engineer finds that such conditions do materially differ or do involve hazardous waste and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result of such conditions, then an equitable adjustment shall be made and the Contract modified in accordance with the change order procedures set forth herein. In the event of any dispute between the City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth below, but shall retain such rights it may have as provided in these Contract Documents.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section, except that the City may extend the prescribed time. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract.
G4.04 CHANGES; CONTRACT CHANGE ORDER(S). The City may, without notice to the sureties, and without invalidating the Contract, at any time make alterations, deviations, additions to or deletions from the Contract Documents, and may increase or decrease the quantity of any item or portion of the work, or delete any item or portion of the work, and may require extra work, as deter - mined by the City to be necessary or advisable. All such work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered.
Any such changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order will specify: (1) the work to be done in connection with the change to be made; (2) the amount of the adjustment of the Contract price, if any, and the basis for compensation for the work ordered; and (3) the extent of the adjustment in the Contract time, if any. A Contract Change Order shall not become effective until it has been signed by the Engineer or the City Manager; when signed by the Engineer or the City Manager it is an "approved Co ntract Change Order."
No changes or deviations from the Contract Documents shall be made without the authority of an approved Contract Change Order, except that in cases of emergency the Engineer may direct a change in writing. Upon receipt of such written directive, the Contractor shall proceed with the ordered work and the Engineer will prepare a written Contract Change Order for approval and issuance to the Contractor as soon thereafter as practicable.
Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order.
When ordered by the Engineer, the Contractor shall halt work in the area affected by a proposed change. Whenever it appears to the Contractor that a change is necessary, the Contractor shall immediately, but no later than five (5) days after becoming aware of the need for a change, notify the Engineer of the change he believes necessary and the reasons for such change; however, work in the area affected shall not be discontinued unless ordered by the Engineer.
G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK. City may request Contractor to provide quotations for performing proposed changes to the work. Such requests for F.3.c
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quotations shall not be considered authorization to proceed with the change prior to issuance of an approved Contract Change Order, nor shall such request justify any delay in executing existing work.
Contractor shall, upon such a request, provide quotations for increases or decreases in the Contract Price and the Contract time associated with performing the proposed change within the timeframe specified by the Engineer. Quotations shall be in the form specified by the Engineer and shall include substantiating documentation with an itemized breakdown of Contractor and Subcontractor costs, including labor, materials, rentals, services, overhead and profit. The cost of preparing such quotations is included in the Contract price and Contractor shall not be entitled to any additional compensation for preparing them. Failure of the Contractor to submit a quotation in the timeframe or form specified by the Engineer shall limit the effect of any protest to an Approved Change Order as set forth in Section G4.09.
G4.06 PROPOSED CONTRACT CHANGE ORDER. A Contract Change Order may be presented to the Contractor for its consideration prior to its having been approved. If the Contractor accepts the terms and conditions of such proposed Contract Change Order, and if the Contract Change Order is then approved and issued to the Contractor, the Contract Change Order shall be considered to be an executed Contract Change Order for all purposes to the same extent as if the Contract Change Order had been initially issued to the Contractor as an approved Contract Change Order. The City need not present a proposed Contract Change Order to the Contractor for its review prior to issuing it as an approved Contract Change Order.
G4.07 EXECUTED CONTRACT CHANGE ORDER. An approved Contract Change Order which has been signed by the Contractor is an "executed Contract Change Order." Compensation paid pursuant to Contract Change Orders shall comprise the total compensation for the work described in the Contract Change Order. By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the work or change, including but not limited to payment for interruption of schedules, extended overhead, home office overhead, delay or any other "impact" claim or "ripple effect" claim. By signing the Contract Change Order, the Contractor also specifically waives any reservation or claim for additional compensation or Contract time in respect to the Contract Change Order.
G4.08 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract price, the increased payment to Contractor, or the deduction to the credit of the City, shall be determined by one of the following methods, or a combination of these methods, as determined by the City and at its sole option:
A. Unit Prices. The unit prices set forth in the Proposal may be used where they are applicable. If the Contract Change Order increases or decreases the quantity of an item of work by more than twenty-five percent (25%), such that the application of unit prices in the Proposal will cause substantial inequity to the City or Contractor, unit prices will be adjusted by mutual agreement or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09. Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09.
Payment for any contract item of work which has a final total value of less than five percent of the total contract bid price will be made at the contract unit price regardless of increased or decreased quantities, if such unit price is to be used.
B. Lump Sum. A total lump sum addition or deduction from the Contract Price.
Lump sum quotations for changes to the work shall include substantiating documentation with an F.3.c
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itemized breakdown of Contractor and Subcontractor costs, including labor, materials, equipment rental, approved services, overhead and profit, all as negotiated. The costs of a negotiated change order for work performed by Contractor's own forces shall be limited to a maximum markup of fifteen percent (15%) to include up to ten percent (10%) for overhead and up to five percent (5%) for profit.
These percentages shall apply to subcontractor work also. Markups for items such as fringe benefits, liability insurance, social security and unemployment insurance, where proper and appropriate, shall be determined on the basis of actual costs as documented and supported by the contractor and subject to the approval of the Engineer. Where the whole or a part of the work under a negotiated change order is performed by a first tier subcontractor, the City shall limit the Contractor's markup on the direct costs of the subcontractor to a total of not more than eight percent (8%) to include up to five percent (5%) for overhead and three percent (3%) for profit. No markup will be considered or allowed for costs of a negotiated change order involving subcontractors below the first tier. The overhead markup percentages referenced above shall cover all overhead costs of the Contractor, including administrative, field office, home office, extended overhead and similar costs and expenses.
C. Force Account Payment. Payment for the work may be made on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment and other items of cost as required to do the work.
If compensation for work done under a Contract Change Order is to be made on a force account basis, the compensation will be calculated as set forth in Section G9.03, "Force Account Payment." Contractor agrees that the markups provided in Section G9.03 are adequate.
In any case in which the method of payment cannot be agreed upon prior to the beginning of the work, the City may direct that the work be done on a unit price, lump sum or force account basis depending on the nature of the work and at the sole discretion of the City.
G4.09 PROTEST PROCEDURE. If the Contractor disagrees with any terms or conditions set forth in an approved Contract Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) calendar days after receipt of such approved Contract Change Order. The protest shall state the points of disagreement, Contract Document references, quantities and costs involved, contract time impacts and shall propose a modification of the items with which he does not agree. Such protest shall not be considered complete or acceptable unless and until the quotation requested pursuant to Section G4.05 has been received by the Engineer in satisfactory form. If a written protest is not submitted within this 15 -day period, payment will be made as set forth in the approved Contract Change Order without right of further protest. Approved Contract Change Orders which are not protested within 15 days or protests not supported by the requested quotation in satisfactory form within fifteen (15) days of request will be considered as executed Contract Change Orders and such payment will constitute full compensation for all work included therein or required thereby and so will any changes in contract time or completion date.
When the protest of an approved Contract Change Order relates to compensation, the Contractor shall keep full and complete records of such work and shall permit the City a nd the Engineer to have access to all records relating to the protested Contract Change Order to determine the compensation payable. The Contractor shall cooperate with the Engineer to reach agreement at the earliest practical date on the terms of compensation for the Contract Change Order. When agreement has been reached, a revised Contract Change Order may be approved by the City and issued to the Contractor for signature. Unless and until the City and Contractor agree upon other terms of compensation incorporated in a revised executed Contract Change Order, the compensation shall be as specified under the protested approved Contract Change Order.
When the protest of an approved Contract Change Order relates to the adjustment of Contract Time F.3.c
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for the completion of the work, the time will be determined in accordance with the provisions of Section G8.11.
G4.10 CONTINUANCE OF CONSTRUCTION. Disagreement by the Contractor with the City's determination of the need for, or amount of, an adjustment in Contract price or Contract time associated with an approved Contract Change Order (or disagreement by the Contractor with the City's determination that a change has not occurred and no Contract Change Order is needed) shall not, under any circumstances, relieve the Contractor from its obligation to promptly begin and diligently perform the work, including the change, as described in the approved Contract Change Order.
G4.11 FIELD CHANGES. Conditions may arise during the prosecution of the work on construction necessitating minor variations in the contract plans and/or specification. In order to address these conditions, the City may without notice to the sureties and without invalidating the contract, make minor alterations, deviations or changes to the Contract, including the plans or specifications, without affecting any of the material or basic terms of the contract, including the contract price, schedule for performance, the basic design, or other terms. Such minor alterations, deviations or changes shall be documented in a Field Change on a form provided by the City and executed by the Engineer and the Contractor. By execution of the Field Change, Contractor agrees to make the specified change at no additional cost and without an alteration in the schedule of performance or other terms and conditions of the Contract.
G4.12 DETOURS. When required by the Special Provisions, Technical Specifications, or shown on the Contract Plans, or required by responsible public agencies, the Contractor shall construct, maintain and remove detours for the use of public pedestrian and vehicular traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions or Technical Specifications.
The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public pedestrian and vehicular traffic.
G4.13 ARCHAEOLOGICAL DISCOVERIES. All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer. Contractor shall acquire no interest in any such discoveries unless granted by the City in its sole discretion.
G4.14 PRESERVATION AND CLEANING. The Contractor shall clean up the work at frequent intervals and at other times when directed by the Engineer to maintain the job site in a clean and sanitary condition. While finish work is being accomplished, floors shall be kept clean, free of dust, construction debris and trash.
Before final inspection of the work, the Contractor shall clean the project site, material sites, surrounding roadways and all ground occupied by him in connection with the work, of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Final cleaning shall include washing, dusting and sweeping, as applicable, of exposed architectural finish surfaces. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and the Contractor will not receive a separate payment for final cleaning.
G4.15 GUARANTY OF WORK. Notwithstanding inspections and acceptance by the City of F.3.c
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work furnished under this Contract, the Contractor warrants to the City that all materials and equipment furnished under the Contract, including that provided pursuant to Change Orders, will be of good quality and new, that the work will be free from defects in material or workmanship, and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.
This warranty by the Contractor is in addition to any warranties or guarantees required by the Special Provisions or Technical Specifications for specified items of equipment or materials. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.
G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD. If, within one year after the date of final acceptance of the work by the City, any of the work is found not to be in accordance with the Contract Documents, specifically including Section G4.15 ("Guaranty of Work"), the Contractor shall correct it promptly after written notice from the City to do so, and pay for any damage to other property resulting from such non-conforming work. If the Contractor fails to make the repairs or replacements promptly, or in an emergency when delay could cause risk of damage or loss, the City may have the non-conforming work removed, replaced or corrected at the expense of the Contractor and its surety. If the amount of the performance bond is insufficient to cover the cost of such work, the Contractor shall be liable to pay any such deficiency on demand by the City. Non- conforming work, which is remedied under this Section, shall be subject to an extended warranty obligation, identical in terms to that provided by Section G4.15 and this Section for a period of two years after the non-conforming work has been remedied.
The City's records setting forth the fair and reasonable cost of repairing, rep lacing or restoring the damage or defects when performed by any party other than the Contractor shall be binding and conclusive as to the amount thereof upon the Contractor.
Nothing contained in this Section G4.16 shall be construed to establish a period of limitation with respect to other obligations which the Contractor may have under the Contract Documents.
Establishment of the period of two years as described in this Section relates only to the specific obligation of the Contractor to correct the work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the work.
G4.17 VALUE ENGINEERING. The Contractor may submit to the Engineer, in writing, value engineering proposals for modifying the plans, specifications or other requirements of the Contract for the sole purpose of reducing the total cost of construction. The value engineering proposal shall not impair, in any manner, the essential functions or characteristics of the project, including, but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.
Value engineering proposals shall contain the following information:
(1) Description of the existing contract requirements, which are involved in the value engineering proposal.
(2) Description and justification of the proposal.
(3) An itemization of the contract requirements that must be changed if the F.3.c
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proposal is adopted.
(4) A detailed estimate of the cost of performing the work under the existing contract and under the proposed change.
(5) A detailed estimate of additional costs to the Project attributable to the proposal on the construction, operation, and maintenance of the project.
(6) A statement of the time within which the Engineer must make a decision thereon.
(7) The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.
The provisions of this Section shall not be construed to require the Engineer to consider any value engineering proposal which may be submitted.
The City will not be liable to the Contractor for failure to accept or act upon any value engineering proposal submitted pursuant to this Section nor for any delays to the work attributable to any such proposal. If a value engineering proposal is similar to a change in the plans or specifications, under consideration by the City for the Project, at the time said proposal is submitted or if such proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the Contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this Section. The Contractor shall continue to perform the work in accordance with the requirements of the Contract until an executed change order, incorporating the value engineering proposal has been issued. If any executed change order has not been issued by the date upon which the Contractor's value engineering proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such value engineering proposal shall be deemed rejected.
The Engineer shall be the sole judge of the acceptability of a value engineering proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted.
The City reserves the right where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a value engineering proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed the Contractor shall indicate its acceptance in writing, and such acceptance shall constitute full authority for the City to deduct amount payable to the City from any monies due or that may become due to the Contractor under the Contract.
If the Contractor's value engineering proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this Section.
Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the value engineering proposal or such parts of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the value engineering proposal effectuated by the change order and shall further provide that the Contractor be paid 50% of said estimated net savings amount. The Contractor's cost F.3.c
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of preparing the value engineering proposal and the City's costs of investigating a value engineering proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. The cost to the City for any required redesign associated with a value engineering proposal will be taken into account and added in determining the value of such proposal.
Acceptance of the value engineering proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the proposal.
The amount specified to be paid to the Contractor in the change order, which effectuates a value engineering proposal shall constitute full compensation to the Contractor for the proposal and the performance of the work thereof pursuant to the said change order.
The City expressly reserves the right to adopt a value engineering proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted value engineering proposal is adopted for general use, only the contractor who first submitted such proposal will be eligible for compensation pursuant to this Section, and in that case, only as to those contracts awarded to him prior to submission of the accepted value engineering proposal and as to which such value engineering proposal is also submitted and accepted. Value engineering proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this Section if the identical or similar previously submitted proposals were adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted value engineering proposal wi thout obligation or compensation of any kind to the Contractor.
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SECTION 5
CONTROL OF WORK
G5.01 AUTHORITY OF ENGINEER. The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation and contract time. The Engineer will have authority to reject work which does not conform to the Contract Documents. His/her decision shall be final and he/she shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.
G5.02 CONTRACT DRAWINGS. The Contract Drawings 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 Drawings shall be in writing.
Upon written request, the City will furnish to the Contractor for its use, at no expense to the Contractor, five (5) copies of all Contract Documents, including the Contract Drawings unless otherwise specified in the Special Provisions. Additional copies may be obtained at cost.
G5.03 SHOP DRAWINGS. The Contract Drawings shall be supplemented by shop drawings furnished by the Contractor. Shop drawings shall have been approved by the Engineer before any work involving such drawings is performed. No change shall be made by the Contractor in any shop drawing after it has been approved by the Engineer.
Shop drawing submittals shall contain adequate information to permit the Engineer to evaluate each submission for conformance with the Contract Documents. Each submittal shall be complete; partial submittals will not be reviewed. All drawings shall include a graphical scale and indicate the amount of reduction used, if any. The quality of lettering and draftsmanship shall be such as to insure easily read reproductions by microfilming process.
Each shop drawing submitted by the Contractor (including any provided by suppliers and/or subcontractors) shall bear the approval stamp of the Contractor, and shall be clearly and conspicuously marked to indicate any deviation in the shop drawing from the requirements of the Contract Documents. By approving and submitting shop drawings, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing with the requirements of the work and the Contract Documents. Where applicable, shop drawings will be certified for construction by the manufacturer. City review of any shop drawing shall not constitute a change to the Contract. Contract changes can be effected through Change Orders only.
Each submittal shall be accompanied by a transmittal letter in the form specified by the Engineer from the Contractor stating the name of the material or equipment items as shown on the Contract Documents, a specification reference consisting of a section number, and any proposed deviations from the Contract Documents requested or shown on the submittal.
Review of shop drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Review and approval of the Contractor's shop drawings shall not relieve Contractor of any of its responsibility for the F.3.c
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successful completion of the work in conformity with the requirements of the Contract Documents.
The Contractor is responsible for conformance with all requirements of the Contract Documents, including, but not limited to, dimensions which shall be conformed and correlated at the job site, fabrication processes and techniques of construction, coordination of work with that of all others, and satisfactory performance of all work. Approval of shop drawings shall not waive any requirement of the Contract Documents and defective work may be rejected notwithstanding such approval.
It is the Contractor's responsibility to submit shop drawings and other submittals so as to allow sufficient time for review, for securing necessary approvals, and for possible revisions and resubmittal. Minimum review time by the Engineer shall be thirty (30) calendar days; complex submittals may require up to forty-five (45) days. Review time periods shall not begin until a complete submittal with Contractor's approval stamp is received with properly completed transmittal documentation. Incomplete, unstamped or otherwise improper submittals may be rejected without further comment for correction and proper submittal. The Contractor shall schedule its shop drawing submittals so that this anticipated shop drawing review time does not delay its work.
City will make its best efforts to review submittals within the time period scheduled by the Contractor, provided it is consistent with the minimum time period specified in the preceding paragraph, but the City's inability to do so shall not automatically entitle the Contractor to additional time to complete the Contract. If the Engineer fails to complete its review of shop drawing submittals within a reasonable time (not to be less than the time period specified in this section), and if the Contractor's controlling operation is delayed by reason of the delay in review, an extension of time commensurate with the delay in completion of the work thus caused will be granted pursuant to Section G8.11, but no additional compensation will be allowed for such delay.
Shop drawings reviewed by the Engineer will be returned to the Contractor. The Engineer's action on each submittal will consist of one of the following: "No Exceptions Taken," "Exceptions Taken as Noted," "Revise and Resubmit" or "Rejected" unless otherwise specified in the Special Provisions are/or transmittal forms to be used. When shop drawings are required to be resubmitted, the revisions are to be clearly defined on the revised drawings. Resubmittals will be reviewed in accordance with the provisions applicable to initial submittals and the time period for the Engineer's review shall be equal to that for initial submittals.
Submittal and processing of shop drawings shall conform to the requirements of the Special Provisions and Technical Specifications.
Full compensation for furnishing all shop drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefor.
When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in strict accordance therewith. Any further changes will require a resubmittal of the drawings.
G5.04 CONFORMITY WITH CONTRACT DOCUMENTS. Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the Contract Drawings or indicated in the Specifications. Although measurement, sampling and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the Contract Drawings and Specifications, and its decision as to any allowable deviations therefrom shall be final.
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G5.05 COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS.
The General Conditions, Special Provisions, Technical Specifications, Contract Drawings, Contract Change Orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary, and to describe and provide for a complete work .
In the event of inconsistencies between requirements contained in different components of the Contract Documents, and unless otherwise specified in the Special Provisions, the order of precedence to govern interpretation is as follows: (1) Change Orders, (2) Addenda, (3) Contract, (4) Special Provisions, (5) General Conditions, (6) the Greenbook, (7) Technical Specifications, (8) Contract Drawings, (9) Notice Inviting Sealed Bids, and (10) Bid Forms (all documents submitted by the bidder). In case of differences between small and large scale drawings, the large scale drawings shall govern. Schedules on drawings shall take precedence over conflicting notations on drawings. In the event of any discrepancy between any drawing and the figures written thereon, the figures, unless otherwise directed, will govern over scaled dimensions.
Should it appear that the work to be done or any of the related matters is not sufficiently detailed or explained in the Contract Documents, the Contractor shall promptly apply to the Engineer for such further written explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, clarification in writing shall be promptly sought by Contractor from the Engineer, whose decision thereon shall be final.
G5.06 ORDER OF WORK. When required by the Special Provisions or Contract Drawings, the Contractor shall follow the sequence of operations as set forth. Full compensation for conforming with such requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation to Contractor will be allowed.
G5.07 SUPERINTENDENCE. The Contractor, at all times, shall supervise and direct the Work using its best skill and attention. The Contractor shall keep at the project site competent supervisory personnel at all times while W ork is in progress. The Contractor shall designate, in writing, before starting work, a project superintendent who shall be an employee of Contractor and shall have complete authority to represent and act for the Contractor. The Contractor shall promptly notify the Engineer in writing prior to any change in superintendent assignment.
The Contractor shall be solely responsible for and have control over construction means, methods, techniques and procedures for providing adequate safety precautions and coordinating all portions of the work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.
G5.08 LINES AND GRADES. Only such primary control lines, monuments and bench marks will be set by the Engineer as he determines to be necessary to control establishment of the lines and grades required for the completion of the work. In general, these will consist of the primary horizontal and vertical control points shown on the Contract Drawings. The Contractor shall notify Engineer a minimum of five (5) working days before such stakes or marks are needed.
Monuments, stakes and marks set by the Engineer shall be carefully preserved by the Contractor. If such monuments, stakes or marks are destroyed or damaged, they wi ll be replaced by the Engineer at his/her earliest convenience. The Contractor shall be charged for the cost of replacing or restoring monuments, stakes and marks destroyed or damaged by reason of its operations including failure to protect such points from other normal activity in the project area that can be reasonably anticipated.
This charge will be deducted from any monies due or to become due the Contractor unless the Contractor has agreed in writing, with the approval of the Engineer, to otherwise directly pay the party doing the work and has provided satisfactory evidence that such payment has been properly made.
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The Contractor shall temporarily suspend work at such points and for such reasonable times as the Engineer may require for transferring or setting monuments, stakes or marks, and the Contractor shall not be entitled to any additional compensation or extension of time therefor.
All other stakes or marks required to establish the lines and grades required for the completion of the work shall be the responsibility of the Contractor. Payment for such work shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
Contractor shall take field measurements and verify field conditions consistent with prudent construction industry standards and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing construction activities on the work site. Errors, inconsistencies or omissions in the Contract Documents discovered by Contractor shall be reported to the Engineer at once.
G5.09 INSPECTION. The Engineer, and all authorized representatives of the City, shall at all times have safe 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 by Contractor shall be subject to the Engineer's on-site and off-site inspection.
The inspection and observation of the work or materials by the Engineer shall not relieve the Contractor of any obligations to fulfill its Contract as prescribed. Work and materials not meeting such requirements shall be corrected, and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer, or that payment therefor has been included in a progress estimate.
Re-examination of questioned work may be ordered by the Engineer at any time before final acceptance. If so ordered, the work shall be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removal, recovering and replacing of the parts removed; but if such work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work which has been covered prior to observation by the Engineer does not qualify as re-examined work; the City may order it uncovered for observation without payment of costs.
The Contractor shall give due notice to the Engineer before backfilling so that the Engineer may observe the materials and installation.
The Contractor shall notify the Engineer in advance as to those times when no construction activities will take place. Absent such notification, all costs incurred by the City as a result of attending to the project site at times when no construction is taking place will be charged to the Contractor.
Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he shall give notice to the Engineer of such intention 24 hours prior to performing such work, or such longer period as may be specified, so that the Engineer may make necessary arrangements.
The observations and inspections performed by the Engineer shall not relieve the Contractor of its responsibility to conduct comprehensive inspections of the work and to furnish materials and perform work in conformance with the Contract Documents.
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G5.10 DOCUMENTS ON JOB SITE. The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, material test results and approved progress payments on the job site, in good order, available to the Engineer and all authorized representatives of the City. Other requirements may be specified in the Special Provisions.
G5.11 CORRECTION, REMOVAL OF REJECTED WORK. The Contractor shall promptly correct work rejected by the Engineer as failing to conform to the requirements of the Contract Documents, whether or not fabricated, installed or completed, so that it does comply with the Contract Documents. The Contractor shall bear the costs of correcting such rejected work, including additional testing, inspections and compensation for the Engineer's services and expenses made necessary thereby.
The Contractor shall remove, at its cost, from the site portions of the work which are not in accordance with the Contract Documents or which are not corrected by the Contractor.
The Contractor shall correct, at its cost, damaged or destroyed construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of work which is not in accordance with the requirements of the Contract Documents.
Any work done beyond the lines shown on the Contract Drawings or established by the Engineer, and all extra work done without written authority, will be considered as volunteer or unauthor ized work.
Upon order of the Engineer, unauthorized work shall be remedied, removed or replaced at the Contractor's cost.
If the Contractor fails to promptly correct non-conforming or rejected work, or to comply promptly with any order of the Engineer under this Section, the City may cause such work to be remedied, removed or replaced and the costs thereof will be deducted from any monies due or to become due the Contractor.
Failure on the part of the Engineer to reject non-conforming work shall not be construed to imply acceptance of such work.
G5.12 EQUIPMENT AND PLANTS. The Contractor shall use or permit only equipment and plants suitable to produce the quantity and quality of work and materials required, and meeting all State and federal safety requirements.
Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of materials needed to complete the work in accordance with the Contractor's schedule and the Contract time.
When ordered by the Engineer, the Contractor shall remove unsuitable equipment from the work and discontinue the operations of unsafe or unsatisfactory plants.
All vehicles used on existing structures, highways and streets shall be equipped with pneumatic tires unless otherwise permitted in writing by the Engineer.
G5.13 CHARACTER OF WORKERS. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. T he Contractor shall not permit employment of unfit persons nor persons not properly skilled or unskilled in tasks assigned to them.
G5.14 FINAL INSPECTION. When the work has been completed, the Engineer will make F.3.c
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the final inspection. The Contractor shall notify the Engineer in writing when it considers the work complete and shall request a final inspection.
G5.15 SUBMITTAL OF AS-BUILT DATA. The Contractor shall maintain up-to-date a separate, neat and legible set of construction drawings showing as-built conditions. The intention is that a separate full-size set of the construction drawings will be neatly and accurately marked in red pencil to show any condition, dimension, installation or location that is different from that originally shown. Change Orders; deviations from the contract documents including drawings; the locations of installations of utilities and services, mechanical and electrical lines; details; and other work shall be incorporated and accurately shown on this set. The locations of installed underground and hidden utilities will be shown and dimensioned to appropriate reference points. No work shall be permanently concealed until the required information has been recorded. The requirement is that thes e as-built construction drawings and the "as-built" material and equipment drawing submittals provided will reflect the complete as-built condition of the project.
Where the contract drawings are not of sufficient size, scale, or detail, the Contractor shall furnish its own drawings for incorporation of details and dimensions. In such cases, the Contractor shall provide a reproducible set of its drawings, suitably cross-referenced to the contract drawings.
The as-built drawings will be maintained up to date on a "day by day" basis. That is, information will be recorded as it is known. Prior to any progress payments, the Engineer will review the status of the as-built construction drawings. The Engineer may withhold approval of progress payments until such time as the as-built drawings are brought up to date.
Prior to the completion of the contract, the Contractor shall furnish a satisfactory as-built construction drawing record and certify on each drawing that conditions shown are as-built. Submittal of the as- built record is made a condition for acceptance of the project and final payment under the contract.
G5.16 EMERGENCIES. In an emergency affecting the safety of life, the work, or adjoining property, the Contractor, without special instructions or authorization from the Engineer, shall act at his/her discretion to prevent such threatened loss or injury. In such an emergency, the Contractor shall perform such additional work as is required. Any compensation claimed by the Contractor on account of emergency work and determined by the Engineer to be warranted shall be determined in accordance with the provisions of Section 9 unless a more appropriate method is determined by the Engineer in his/her sole discretion.
G5.17 RIGHTS-OF-WAY. The City will provide the rights-of-way over private lands or the site for permanent works or installations, and right-of-way for access thereto, unless otherwise indicated. The Contractor will be permitted to use such land for construction purposes, but any additional right-of-way or land desired by the Contractor for construction purposes shall be provided by the Contractor without expense to the City.
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SECTION 6
CONTROL OF MATERIALS
G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS. The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City and materials furnished by the City in accordance with force account work as described in Section G9.03. As used in this Section, the term "materials" shall mean materials and equipment furnished for incorporation in the work.
Notwithstanding any prior inspection, only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.
The materials furnished and used shall be new, except as may specifically be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the Contract Documents.
The Contractor shall submit to the Engineer a list of its sources of materials and the locations at which such materials will be available for inspection. The list shall be submitted in sufficient time to permit proper inspection and testing of materials to be furnished from such listed sources in advance of their use. The Contractor shall assure that the Engineer or his/her authorized representative has free access at all times to the material to be inspected, sampled or tested. The Engineer may inspect, sample or test materials at the source of supply or other locations. It is understood that such inspections and tests in no way shall be considered as a guaranty of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or its suppliers of responsibility for quality control.
Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the work, shall be delivered to the Engineer in organized, indexed, neat and adequately bound volumes that are marked as to content before acceptance of the Contract.
Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor and the Engineer.
G6.02 CITY-FURNISHED MATERIALS. Materials furnished by the City will be available at locations designated in the Specifications, or if not designated in the Specifications, they will be available at the City Office. They shall be hauled to the site of the work by the Contractor, at its own expense, including any necessary loading and unloading that may be involved. The cost of handling and placing City-furnished material shall be considered as included in the price paid for the Contract item involving such City-furnished material.
The Contractor shall be held responsible for all materials furnished to him, and he shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor, at its expense. The Contractor will be liable to the City for the cost of replacing City-furnished material, and such costs may be deducted from any monies due or to become due the Contractor. All City-furnished materials that are not used on the work shall remain the property of the City and will be delivered to the City corporation yard.
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G6.03 STORAGE OF MATERIALS. Materials shall be stored by the Contractor in such a manner as to ensure their security and the preservation of their quality and fitness for the work and to facilitate inspection.
G6.04 DEFECTIVE MATERIALS. All Contractor-furnished materials not conforming to the requirements of the Contract Documents may be rejected, whether in place or not. They shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work unless approval in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions of this Section, the Engineer may cause the removal, disposal and replacement of rejected material and deduct the cost thereof from any monies due or to become due the Contractor.
G6.05 TRADE NAMES AND ALTERNATIVES. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended may be permitted, subject to the following requirements:
1. The Contractor shall submit its Proposal for an alternative in writing.
Such request shall be made in ample time to permit review and approval without delaying the work.
2. No such Proposal will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the Engineer. The Contractor shall satisfy the Engineer as to the comparative quality, suitability or performance of the offered materials, articles or equipment. In the event that the Engineer rejects the use of such alternative materials, articles or equipment, ("material") then one of the particular products designated by brand name will be furnished.
3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Engineer.
The Engineer shall be the sole judge as to the quality and suitability of alternative articles, equipment or materials and its decisions shall be final. Where use of an alternative material, article or equipment involves redesign of, or changes to, other parts of the work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material, article or equipment. Cost of redesign by the Engineer will be borne by the Contractor.
4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, proposal for use of alternative materials shall be accompanied by reports from the listed or equivalent recognized and industry accepted independent testing laboratory indicating compliance with specification requirements. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative material shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any Contract requirement.
G6.06 PLANT INSPECTION. The Engineer may inspect the production of material, or the manufacture of products, at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or his/her authorized representative shall have free entry at all times F.3.c
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to such parts of the plant as concern the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The Engineer assumes no obligation to inspect materials at the source of supply. The responsibility of incorporating satisfactory materials in the work rests entirely with the Contractor, notwithstanding any prior inspections or tests.
G6.07 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Bidders for the work is dated.
G6.08 SAMPLES. After the award of the Contract, the Contractor shall furnish to the Engineer samples indicated in the Specifications or requested by the Engineer. Samples shall be submitted without charge, with shipping charges prepaid. Materials for which samples are required shall not be used in the work until approved in writing by the Engineer.
Each sample shall be submitted in duplicate unless otherwise directed, and shall be labeled with the following data: name of project; name of Contractor; material represented and location in the project including specification reference; and producer information including brand, model, place of origin, and other pertinent information.
The Contractor shall forward a transmittal letter to the Engineer with each shipment of samples containing the information required in the previous paragraph. Approval of a sample shall be only for the characteristics and use named in the submittal and approval shall not be construed to change or modify any Contract requirement. Before submitting samples, the Contractor shall assure himself that the materials or equipment will be available in the quantities required in the project, as no change or substitution will be permitted after a sample has been approved unless approved by the Engineer in writing.
Samples of material from local sources shall be taken by or in the presence of the Engineer if so required by the Engineer; otherwise the samples will not be considered for testing.
Approved samples not damaged in testing may be incorporated in the finished work if marked for identification and approved by the Engineer. Materials incorporated in the work shall match the approved samples.
Failure of any material to pass the specified tests will be sufficient cause for refusal to consider under this Contract any further samples of the same brand, make or source of that material. The Engineer reserves the right to disapprove any material which has previously proven unsatisfactory in service.
Samples of material delivered on the site or in place may be taken by the Engineer for testing. Failure of samples to meet Contract requirements will annul previous approvals of the item tested.
G6.09 TESTING OF MATERIALS OR WORK. Materials to be used in the work will be subject to inspection and tests by the Engineer or his/her designated representative. The Contractor shall furnish, without charge, such samples as may be required and make available locations for required in place testing.
Materials and work shall be tested in accordance with the methods in use by the State of California, Department of Transportation, or by nationally recognized testing organizations or as specified in the Contract Documents. The Engineer will make or approve all testing. Unless otherwise noted in the Specifications, testing will be made at the expense of the Contractor. In any case, in the event that F.3.c
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any materials and work fail to pass tests, the cost of subsequent testing of similar materials and work as may be required by the Engineer shall be borne by the Contractor.
Test methods developed by the State of California, Department of Transportation are identified by the prefix Calif., followed by the serial number. Copies of individual test methods are available at the Transportation Laboratory, Sacramento, California.
Whenever a reference is made in the Specifications to a test method by Calif. number, it shall mean the test method in effect on the date of the Notice to Bidders for the work. Whenever a reference is made in the Specifications to a specification or test designation of the American Society for Testing and Materials, the American Association of State Highway Officials, Underwriters' Laboratories, Inc., or any other recognized national organization, and the number accompanying the test designation representing the year of adoption of the test has been omitted, the reference shall mean the test method in effect on the date of the Notice to Bidders for the work.
Whenever the Contract Documents provide an option between two or more test methods, the Engineer will determine the test method to be used.
Whenever a specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Engineer. The manufacturer's test report shall supplement the inspection, sampling and testing provisions of this Section and shall not constitute a waiver of the City's right to inspect.
When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at his/her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Engineer.
G6.10 CERTIFICATE OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Special Provisions or Specifications require that such Certificate be furnished. In addition, the Engineer may permit the use of certain materials prior to sampling and testing if accompanied by a Certificate of Compliance stating that the materials involved comply in all respects with the requirements of the Specifications. The Certificate shall be signed by the manufacturer of the material. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lots so certified shall be clearly identified in the Certificate.
All materials used on the basis of a Certificate of Compliance may be sampled and tes ted at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any such material not conforming to such requirements will be subject to rejection whether in place or not.
The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as approved by the Engineer.
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SECTION 7
LEGAL RELATIONS AND RESPONSIBILITIES
G7.01 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed concerning all requirements of law, including but not limited to all State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
The Contractor shall at all times observe, and shall cause all its agents and employees to observe, all such requirements of laws and shall protect, indemnify and hold harmless the City and the Engineer, and all of their respective officers, agents and employees against all claims and liabilities arising from or based on the violation of any such requirement of law whether by the Contractor or its employees.
If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any such requirements of laws, the Contractor shall immediately report the same to the Engineer in writing. The Contract Documents shall be governed by the laws of the State of California.
G7.02 LABOR CODE REQUIREMENTS. Attention is directed to the following requirements of the Labor Code:
A. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor shall forfeit, as penalty to the City, Twenty-Five Dollars ($25) for each workman employed in the performance of the Contract by the Contractor or by any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight hours in any one day and forty (40) hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815 thereof, inclusive, except that work performed by employees of the Contractor in excess of eight hours per day and forty (40) hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half (1 ½) times the basic rate of pay, as provided in said Section 1815.
B. Labor Non-Discrimination. Attention is directed to Section 1735 of the Labor Code which provides the Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age of such persons, except as provided in Section 12940 of the Government Code.
C. Prevailing Wages. The Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to an amount determined by the Labor Commissioner not to exceed Fifty Dollars ($200.00) for each calendar day or portion thereof for each workman paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the Contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
Pursuant to the provisions of Section 1773 of the Labor Code the City shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies F.3.c
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of the prevailing rates are on file at the City Office and are available to any interested party on request, or may be obtained directly from the DIR website at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm . Such wage rates must be prominently posted at the construction site.
The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.
D. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776 and 1771.4. The Contractor shall be responsible for the compliance with these provisions by its subcontractors.
(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
(d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within ten (10) days after receipt of a written request.
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(e) Each contractor and subcontractor shall furnish the records specified in Cal. Labor Code section 1776 directly to the Labor Commissioner monthly in a format prescribed by the Labor Commissioner. (Cal Lab Code § 1771.4)
(f) Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.
(g) The Contractor shall inform the City of the location of records enumerated under subdivision (a), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
(h) In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section.
In the event that the Contractor fails to comply within the 10-day period, he/she shall, as a penalty to the State or the City, forfeit Twenty-Five Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.
The penalties specified in subdivision (h) Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the Contractor.
The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.
E. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.
F. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers' 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 City, a certification in the following form:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' 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." F.3.c
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Said certification is included in the Contract, and signature and return of the Contract as provided in Section G3.03, "Execution of Contract," of the General Conditions, shall constitute signing and filing of the said certificate.
G7.03 AIR POLLUTION CONTROL. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes that apply to any work performed pursuant to the Contract.
Material to be disposed of shall not be burned, either inside or outside the work site.
G7.04 WATER POLLUTION CONTROL. The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule its operations so as to avoid or minimize the introduction of sediment into the stormwater system and muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside or other vegetation beyond the limits of construction. The use of the term "stream(s)" in this Section shall also include and mean any and all stormwater collection and conveyance systems/facilities whether private or public except when such definition is not appropriate/does not make sense.
Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways and other bodies of water, and shall consist of constructing those facilities which may be shown on the plans, specified herein or in the Special Provisions, or directed by the Engineer and instituting Best Management Practices and/or Performance Standards set forth in City's National Pollutant Discharge Elimination System Permit for the discharge of water into the waters of the State and/or conditions set forth in a project specific permit if so required by the State Water Resources Board/SF Regional Water Quality Board. Bidders and Contractor shall inform themselves of all relevant water pollution control requirements.
In order to provide effective and continuous control of water pollution it may be necessary for the Contractor to perform the Contract work in small or multiple units, on an out of phase schedule, and with modified construction procedures. The Contractor shall provide temporary water pollution control measures, Best Management Practices and Performance Standards, including but not limited to, dikes, basins, ditches, and applying straw and seed, which become necessary as a result of its operations. The Contractor shall coordinate water pollution control work with all other work done on the Contract.
Before starting any work on the project, the Contractor shall submit, for acceptance by the Engineer, a program to control water pollution effectively during construction of the project. Such program shall show the schedule for the erosion control work included in the Contract and for all water pollution control measures that the Contractor proposes to take in connection with construction of the project to minimize the effects of its operations upon adjacent streams and other bodies of water. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other tha n that specifically authorized in writing by the Engineer, until such program has been accepted.
If the measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may direct the Contractor to revise its operations and its water pollution control program.
Such directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate. No further work shall be performed on said items until the water pollution control measures are adequate and, if also required, a revised water pollution control F.3.c
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program has been accepted.
The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program in not more than five (5) days.
The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to t he Contractor's failure to submit an acceptable water pollution control program.
The Contractor may request the Engineer to waive the requirement for submission of a written program for control of water pollution when the nature of the Contractor's operat ion is such that erosion is not likely to occur. Waiver of this requirement will not relieve the Contractor from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written program for control of water pollution will not preclude requiring submittal of a written program at a later time if the Engineer deems it necessary because of the effect of the Contractor's operations.
Where erosion which will cause water pollution is probable due to the nature of the material or the season of the year, the Contractor's operations shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.
Nothing in the terms of the Contract nor in the provisions in this Section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution.
The Contractor shall also conform to the following provisions:
1. Where working areas encroach on streams, barriers adequate to prevent the flow of muddy water into streams shall be constructed and maintained between working areas and streams, and during construction of such barriers, muddying of streams shall be held to a minimum.
2. Removal of material from beneath a flowing stream shall not be commenced until adequate means, such as a bypass channel, are provided to carry the stream free from mud or silt around the removal operations.
3. Should the Contractor's operations require transportation of materials across streams, such operations shall be conducted without muddying the stream. Mechanized equipment shall not be operated in the stream channels of such streams except as may be necessary to construct crossings or barriers and fills at channel changes.
4. Water containing mud or silt from aggregate washing or other operations shall be treated by filtration, or retention in a settling pond, or ponds, adequate to prevent muddy w ater from entering streams.
5. Oily or greasy substances originating from the Contractor's operations shall not be allowed to enter or be placed where they will later enter a stream.
6. Portland cement or fresh portland cement concrete shall not be allowed to enter flowing water of streams.
7. When operations are completed, the flow of streams shall be returned as nearly as possible to a meandering thread without creating possible future bank erosion and settling, F.3.c
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pond sites shall be graded so they will drain and will blend in with the surrounding terrain.
8. Material derived from roadway work shall not be deposited in a stream channel where it could be washed away by high stream flows.
9. Where there is possible migration of anadromous fish in streams affected by construction on the project, the Contractor shall conduct its operations so as to allow free passage of such migratory fish.
Compliance with the requirements of this Section shall in no way relieve the Contractor from its responsibility to comply with the other provisions of the Contract, in particular its responsibility for damage and for preservation or property.
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES. Pursuant to California Government Code section 4215, the City or other appropriate utility company shall identify and provide for the timely removal, relocation or protection of any existing main or trunkline utility facilities located on the site of the work to be completed with reasonable accuracy in the plans and specifications made part of the invitation for bids. If the contractor discovers utility facilities not identified by the City or others while performing the work, the Contractor shall immediately notify the City and owner of the utility in writing. For those utilities discovered by the Contractor, the City or other appropriate party as required will compensate the Contractor for the costs of locating, removing or relocating such utility facilities; repairing damage not due to the failure of the contractor to exercise reasonable care; and for equipment on the project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delays in completion of the project due to the failure of the City or owner of the utility to provide for removal or relocation of such ut ility facilities.
The Contractor shall contact the regional notification center, "Underground Service Alert," and schedule the work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.
G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION.
The following provisions, drawn from Section 7104 of the Public Contracts Code, shall apply to any work which involves digging trenches or other excavations which extend deeper than four feet below the surface:
(a) The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
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(b) The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Contract.
(c) In the event that a dispute arises between the Owner and the Contractor as to whether the conditions materially so differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests.
G7.07 SOUND CONTROL REQUIREMENTS. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.
G7.08 USE OF PESTICIDES. The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies, which govern the use of pesticides required in the performance of the work on the Contract.
Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.
Any substance or mixture of substances intended for preventing, repelling, mitigating or destroying weeds, insects, diseases, rodents or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.
G7.09 WEIGHT LIMITATIONS. Unless expressly permitted in the Technical Specifications, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code, over completed or existing base, surfacing, pavement or structures.
G7.10 PAYMENT OF TAXES. The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exempti on certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
G7.11 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses F.3.c
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(except those procured or to be procured by the City which are listed in the Special Provisions or Specifications), procure a City of Hollister business license, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.
The Contractor shall comply with permits obtained by the City for the work, which are listed in the Special Provisions or Specifications.
G7.12 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 and shall indemnify and save harmless the City, the Engineer, and their duly authorized representatives from all suits at law, or actions of every nature for, or on account of, the use of patented materials, equipment, devices or processes. In case such materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall: (a) secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or (b) replace such materials, equipment, devices or processes, or (c) modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City or the Engineer.
G7.13 SAFETY REQUIREMENTS. The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, enforce compliance with the safety and first aid requirements prescribed by applicable State and Federal laws and regulations, rules and orders and as may be necessary to the end that work shall be done in a safe manner and that the safety and health of the employees and the people of local communities is safeguarded. The Contractor shall comply with OSHA regulations applicable to Contractor regarding necessary safety equipment or procedures. In the event of conflicting requirements, the most stringent requirement as it pertains to the Contractor’s safety responsibility applies.
Compliance with the provisions of this Section by subcontractors shall be the responsibility of the Contractor. All installed material, equipment and structures, without separate charge therefor to the City, shall fully conform with all applicable State and Federal safety laws, rules, regulations and orders and it shall be the Contractor's responsibility to furnish only such material, equipment and structures, notwithstanding any omission in the Contract Documents thereof or that a particular material, equipment or structure was indicated. During the performance of the work, the Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.
Upon the failure of the Contractor to comply with any of the requirements of this Section, the Engineer shall have the authority, but not the duty, to stop any operations of the Contractor affected by such failure until such failure is remedied. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for increased costs or damages by the Contractor.
In no case shall the actions of the Engineer impose a duty of care on the City.
The Contractor shall maintain an accurate record of, and shall report to the Owner in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract. If death F.3.c
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or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger. In addition, the Contractor shall furnish the City with a copy of the Employer’s Report of Injury immediately following any incident requiring the filing of said report during the prosecution of the Work. The Contractor also shall furnish the City with a copy of the Employer’s Report of Injury involving any subcontractors on the project. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the Work being performed under the Contract.
The Contractor may not submit a claim for extension of time or for extra costs or for any damages as a result of any stop work order for items related to this Section that is issued by a proper authority, including the City.
No provisions of this Contract will act to make the City and Engineer/Architect, its consultants, or any other party other than the Contractor responsible for safety. The Contractor will indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against any and all actions, damages, fines, and loses arising from the Contractors failure to meet all the safety requirements or provide a safe work site.
G7.14 TRENCH EXCAVATION SAFETY PLAN. Attention is directed to California Labor Code section 6705. At least five (5) days in advance of excavation of any trench five feet or more in depth, the Contractor shall submit to the Engineer for acceptance a detailed plan showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the State Construction Safety Orders, the plan shall be prepared and signed by a registered civil or structural engineer. Nothing in this Section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this Section shall be construed to impose liability on the City, the Engineer or any of their employees.
Acceptance by City or Engineer/Architect constitutes acknowledgement of the submission, and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submission, applicability to areas of intended use or implementation of the plan, all of which are s olely the responsibility of the Contractor.
G7.15 SANITARY PROVISIONS. The Contractor shall conform to the rules and regulations pertaining to sanitary provisions established by the State, and to County, City and municipal laws and ordinances as may be applicable. Toilets for use of employees on the work shall be furnished where needed and shall be maintained by the Contractor. Their use shall be strictly enforced. City sanitary facilities will not be available for use by the Contractor's employees, except where specifically designated in writing by the Engineer.
G7.16 PUBLIC CONVENIENCE. The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public.
All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. The Contractor shall obtain approval of its plans for the routing and control of traffic from the appropriate city, county or State agency. Where the temporary rerouting or closing to traffic of any public street or highway is necessary, the Contractor shall make all necessary arrangements with the appropriate city, county or State agency.
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All trucks coming to the site or leaving the site with materials or loose debris shall be loaded in a manner that will prevent dropping of material or debris on public streets. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately at the Contractor's expense.
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to owners of abutting property. Convenient access to driveways, houses and buildings along the line of work shall be maintained, and temporary approaches to roads or highways shall be provided and kept in good condition. Roadway excavations shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times.
For work in public right-of-way, the Contractor shall comply with the rules and regulations of the State, County or local agency that owns the right-of-way.
All costs of complying with public convenience requirements of the City or other agencies shall be included in the Contract price.
The Engineer shall have the authority, but not the duty, to stop the Contractor from beginning new work until the provisions of this Section have been met.
G7.17 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during construction, and all costs arising therefrom shall be included in the Contract amount.
Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions. For work in public right - of -way, the Contractor shall comply with the rules and regulations of the State, County, City or local agency that owns the right-of-way.
G7.18 PRESERVATION OF PROPERTY. Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property and trees, shrubs and other plants that are not to be removed.
Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored 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 Specifications if any such objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made such temporary repairs as are necessary to restore to service any damaged 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.
The fact that any underground facility is not shown on the Contract Plans shall not relieve the Contractor of its responsibility under Section G8.14, "Non-City Facilities," of the General Conditions.
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underground improvements or facilities that may be subject to damage by reason of its operations.
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 considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
G7.19 RESPONSIBILITY FOR DAMAGE. Neither City, nor any of its Councilmembers, officers, employees, the Engineer, representatives, consultants, engineers, attorney or insurers shall be liable, responsible, answerable or accountable in any manner from any of the following: (1) damage to the work itself or any part thereof, or any machinery, equipment, materials, supplies or facilities or appurtenances of any person or entity used in connection with the work hereunder; (2) personal injury (including, without limitation, physical injury, m ental or emotional injury or distress and loss of consortium) or wrongful death to any person (including without limitation personal injury or wrongful death to any of the following (who shall hereinafter be referred to as "Potential Claimants"):
Contractor; all subcontractors; consultants; the owners, lessees, sublessees, tenants and other occupiers of the property upon, over or in which the work hereunder is being performed or of any property near, adjacent thereto, or in the vicinity of such property, affected by such work or by construction of the project; the employees, agents, representatives, business invitees of any of the foregoing; any third persons and members of the public; and City and its Councilmembers, agents, employees and consultants; (3) property damage to the real, personal or intangible property of any person, firm or entity, including without limitation that of any Potential Claimant; (4) Business losses and business interruption losses suffered by any owners, lessees, sublessees, tenant s or other occupiers of the real property upon, over or in which the work hereunder is being performed or of any property near, adjacent thereto, or in the vicinity of such property, affected by such work or by construction of the project. The matters from which City is absolved from liability or responsibility under the foregoing provisions of this Section shall be referred to collectively as "Potential Liabilities and Claims."
To the maximum extent permitted by law, the Contractor shall be responsible for and shall indemnify, defend and save harmless the City, its Councilmembers, officers, employees, the Engineer, agents, representatives, engineers, consultants, attorneys and insurers ("Indemnitees") from and against any claims, demands, actions, causes of action, costs, expenses, liabilities, fines, penalties, judgments, liens, losses and damages of any kind whatsoever (including, without limitation, the Potential Liabilities and Claims), arising from any breach or failure of Contractor to perform its obl igation or duties under this Agreement, from Contractor's activities, actions and conduct in performing the work hereunder or from any other cause whatsoever during the progress of the work or at any time before its final completion and acceptance. The duty of the Contractor to indemnify and save harmless includes the duties to defend (by legal counsel satisfactory to the City) as set forth in Section 2778 of the Civil Code and to pay attorney's fees and litigation costs required by such defense.
With respect to third party claims against Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its Councilmembers, officers, employees, the Engineer, representatives, agents, consultants, engineers, attorneys and insurers. It is the intent of the parties that the Contractor's duties of defense and indemnity apply and are in full and undiminished force and effect hereunder regardless of the existence or degree of negligence or other fault on the part of the parties herein indemnified or on the part of any other person, firm or entity, save and except the active negligence or willful misconduct of City, its Councilmembers, consultants, engineers, officers, or employees and the Engineer. Should any part of the indemnity provisions of this Section be held invalid or unenforceable, the Contractor shall nonetheless be responsible to indemnify and defend and save each of the Indemnitees hereunder harmless to the maximum extent F.3.c
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provided by law. The requirements of this provision shall survive termination of the contract. Pursuant to Public Contract Code Section 9201, the City shall have full authority to compromise or otherwise settle any claim relating to the Contract at any time.
G7.20 RESPONSIBILITY FOR WORK AND MATERIALS. Until the 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 he has received partial payment, and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. Relief from maintenance and responsibility for a portion of the total work will not be granted by the City, unless specifically provided for in the Special Provisions. The Contractor shall rebuild, repair or restore all injuries, losses or damages to any portion of the work and materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Should such injuries, losses or damages be caused by a third party, Contractor shall remain responsible and shall pursue on its own any proper response or payment by such third party for the injury, loss or damage. Where necessary, the Contractor shall, at its expense, provide suitable drainage and erect such temporary structures as are necessary to protect the work and materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of its responsibility for the work and materials as herein specified. The Contractor shall properly store materials that have been partially paid for by the City. Such storage by the Contractor shall be on behalf of the City and the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer.
G7.21 CONTRACTOR'S LIABILITY INSURANCE.
A. Contractor shall purchase from and maintain in full force and effect from a company or companies lawfully authorized to do business in California (and acceptable to the City) policies of liability insurance as will protect the Contractor and the City, its Councilmembers, officers, agents, employees, the Engineer, representatives, engineers, consultants and attorneys from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
1. claims under workers' compensation, disability benefits and any other similar employee benefit acts, statutes, rules or regulations which are applicable to the work;
2. claims for damage because of bodily injury, mental or emotional distress, occupational sickness or disease, or death of the Contractor's employees and loss of consortium claimed to be suffered by a spouse of such an employee;
3. claims for damages because of bodily injury, mental or emotional injury or distress, sickness or disease, loss of consortium or death of any person other than the Contractor's employees;
4. claims for damages insured by comprehensive personal injury liability coverage which are sustained by (1) a person as a result of an offense, act or omission dir ectly or indirectly related to employment of such person by the Contractor, or (2) by another person; F.3.c
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5. claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;
6. claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and
7. claims arising from or covered by the Contractor's indemnity obligations under Section
B. The liability insurance required by Paragraph A shall include all major divisions of coverage and be on a comprehensive basis including:
1. Course of Construction/Property Damage/Premises Operations (Including X, C & U coverages)
2. Independent Contractors' Protective
3. Products and Completed Operations
4. Personal Injury Liability with Employment Exclusion deleted
5. Broad Form Blanket Contractual, including specified provision for Contractor's obligation under Section G7.19
6. Automobile liability coverage for Owned, Non-Owned and hired motor vehicles
7. Broad Form Property Damage, including Completed Operations.
C. The liability insurance required by Paragraph A shall be written for not less than the limits of liability specified in the Special Provisions or as required by law, whichever is greater. Coverages shall be written on an occurrence basis and shall be maintained without interruption from the date of commencement of work until the date of acceptance and final payment, and thereafter as may be required in the Special Provisions.
D. City, its Councilmembers, officers, employees, the Engineer, consultants, engineers, agents, and attorneys shall be named as additional insureds on the Contractor's and subcontractor's liability coverage policies.
E. In the event any work is subcontracted, the Contractor shall require the subcontractors to provide statutory workers' compensation insurance and employer's liability insurance for all of the subcontractors' employees engaged in such work. In addition, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed by a subcontractor, to the extent such liability is not covered by the subcontractor's insurance.
F. Within fifteen (15) calendar days from date of the notice of award, Contractor shall furnish to the City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type, amount, class of operations covered, effective dates and date of expiration of policies and shall contain substantially the following statements:
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1. That the insurance covered by this certificate shall not be canceled (or not renewed) and coverage will not be materially altered without thirty (30) days' prior written notice to City.
2. That the City, its Councilmembers, officers, employees, agents, the Engineer, consultants, engineers, agents and attorneys are additional insureds on the policies.
3. That the policy is primary insurance and the company providing such policy shall be liable thereunder for the full amount of any claim or loss up to and including the total limits of liability, without right of contribution from any other insurance maintained by the City or the other additional insureds.
4. That the policy provides that inclusion of the City as an insured shall not affect the City's rights as respects any claim, demand, suit or judgment brought or recovered against the Contractor. Said policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the company's liability as set forth in this policy beyond the amount shown or to which the company would have been liable if only one interest had been named as an insured.
5. That such policy applies separately to each insured or additional insured against whom claim is made or suit is brought.
6. That such policy shall provide for severability of interests.
7. That an act or omission of one of the insureds which would void or otherwise reduce coverage shall not do so as to as to any other insured.
Upon City's requirement, copies of each such policy of insurance and all endorsements shall also be promptly delivered to City.
G. The Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not be interpreted as relieving Contractor from any obligation under the Contract Documents. If any claim is made by any third person against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the insurance carrier and the City.
H. If Contractor fails to procure and maintain any insurance required under this Section, the City may take out and maintain, at the Contractor's expense, such insurance as the City may deem proper and deduct the cost thereof from any monies due the Contractor.
I. For projects located within public right of way, additional insurance requirements may be imposed by the owner of the right of way as a condition of issuing an encroachment or street opening permit to the Contractor. The Contractor shall provide such insurance at its sole cost and expense.
G7.22 PROPERTY INSURANCE. Unless otherwise provided in the Special Provisions, the Contractor will purchase and maintain, in a company or companies lawfully authorized to do business in California, and acceptable to the City, property insurance upon the entire work, in the amount of the Contract price on a replacement cost basis. Such property insurance shall be maintained until final payment has been made.
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Property insurance shall be on an all-risk policy form (commonly known as "Builder's Risk-All Risk") and shall insure against the perils of earthquake, landslide, flood, collapse, loss due to the result of faulty workmanship or design, and all other risks and shall cover reasonable compensation for Engineer's services and expenses required as a result of such insured loss. This insur ance shall insure the interests of the Owner, the Contractor, and subcontractors in the work. Contractor and City will be named as additional insureds on the policy.
The property insurance may contain deductibles not to exceed the amounts specified in the Special Provisions. If no amounts are specified, the insurance shall be written without deductibles. The Contractor shall pay costs not covered because of such deductibles.
Complete copies of each policy of insurance and certificates of each policy, in f orm and substance satisfactory to City, shall be filed with City within fifteen (15) calendar days after date of notice of award. The policies and certificates shall provide:
(1) that City is included as a named insured;
(2) that losses shall be payable to Contractor and City as their interests appear; and
(3) the policy will not be canceled, nor coverage materially altered, without thirty (30) days' prior written notice to City.
G7.23 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise specified in the Specifications, the Contractor shall make its own arrangements for disposing of materials outside the work site and he shall pay all costs involved.
When any material is to be disposed of outside the work site, the Contractor shall first obtain a writ ten permit from the property owner on whose property the disposal is to be made and he shall file with the Engineer said permit or a certified copy thereof, together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property, and before any material is disposed of on said property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in said permit.
When material is disposed of as above provided and the disposal location is visible from a highway, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.
G7.24 COOPERATION. Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified, 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.
The right is reserved to perform other or additional work at or near the site at any time, by the use of other forces.
When two or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to its unnecessary delays or failure to finish the work within the time specified for completion.
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G7.25 OCCUPANCY PRIOR TO ACCEPTANCE. The City reserves the right to occupy all or any part of the project prior to completion of the entire Contract, upon written order therefor. In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the City.
If the Contractor carries insurance against damage to such premises or against liability to third persons covering the premises so used and occupied by the City, and if such occupancy results in increased premiums for such insurance, the City will pay to the Contractor the added cost for such insurance during the period of occupancy.
Such occupancy does not constitute acceptance by the City either of the complete work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective work or materials found at any time before the formal written acceptance of the entire Contract by the City or during the full guarantee period after such acceptance.
G7.26 ACCEPTANCE OF THE WORK. When the Engineer has made the final inspection as provided in Section G5.14 and determines that the work has been completed in all respects in accordance with the Contract Documents, he will recommend that the City formally accept the work.
Immediately upon and after such formal written acceptance by the City, the Contractor will be relieved of the duty of maintaining the work as a whole, and he will not be required to perform any further work thereon except as provided in Sections G4.15, "GUARANTY OF W ORK" and G4.16, "CORRECTION OF WORK DURING WARRANTY PERIOD."
G7.27 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in Section 9.
G7.28 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the work as shown on the Contract Drawings unless he obtains prior written approval.
G7.29 ANTITRUST CLAIMS. The Contractor's attention is directed to the following provision of Public Contract Code Section 7103.5(b) which shall be applicable to the Contractor and its subcontractors:
"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 right, 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 acknowledgment by the F.3.c
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parties."
G7.30 ACCESS TO THE WORK. The Contractor shall satisfy himself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.
G7.31 PERSONAL LIABILITY. Neither the City's Councilmembers, City Manager, City Clerk, City Attorney, Engineer, Officers, Agents, Representatives nor Employees shall be personally responsible for any liability arising under or by virtue of this Contract.
G7.32 THIRD PARTY RIGHTS. Nothing in the Contract is intended to create the public or any member thereof a third party beneficiary hereunder.
G7.33 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all work under this Contract and shall not be considered as an agent or employee of the City, nor shall the Contractor's subcontractors or employees be considered as subagents of the City.
G7.34 HAZARDOUS CHEMICALS AND WASTES. The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of performance of this Contract and for all proper and required reporting, cleanup and disposal and other activities as may be required by law or regulation. The Contractor shall immediately report any such release to the Engineer. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the City by any agency as a result of such release and shall hold harmless, indemnify and defend the City from any claims arising from such release. For purposes of this Section only, the term "claims" shall include (i) all notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and (ii) any claim, cause of action, or administrative or judicial proceeding brought against the City, its Councilmembers, officers, agents or employees, or for any loss, cost (including reasonable attorney's fees), damage or liability, sustained or suffered by any person or entity, including City.
If the performance of the work outlined by these contract specifications creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The contractor shall notify the Engineer of any such hazardous wastes and the City reserves the right to a copy of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend the City from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.
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SECTION 8
PROSECUTION AND PROGRESS
G8.01 SUBCONTRACTING. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its direct control and supervision.
No subcontractor will be recognized as such and nothing in the Contract Documents shall create any contractual relationship between the City and any subcontractor. The Contractor is as fully responsible to the City for the acts and omissions of the Contractor’s subcontractors and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor.
The Contractor shall perform with its own organization Contract work amounting to not less than fifty percent (50%) of the original total Contract price, unless otherwise specified in the Special Provisions.
Where an entire item is subcontracted, the value of the subcontracted work will be based on the Contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to approval by the Engineer.
Attention is directed to the requirements of (commencing with California Public Contract Code Section 4100) the California Public Contract Code, which are applicable to this Contract. Each bidder shall list in its Bid the name and business address of each subcontractor to whom the bidder proposes to subcontract a portion of the work, and shall list each subcontractor, licensed by the State of California, proposed by the bidder to specially fabricate and install a portion of the work. Said list shall include a description of the portion of the work which shall be done by each subcontractor. The bidder shall execute and submit with its Bid the "List of Subcontractors" on the form included in this book.
Additional forms may be obtained from the Engineer. The Contractor shall not, without the written consent of the City, either substitute any person as subcontractor in place of the subcontractor designated in the original List of Subcontractors, or sublet or subcontract any portion of the work in excess of one-half of one percent of the total amount of its proposal for which he did not originally designate a subcontractor.
When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately by Contractor on the request of the City, and shall not again be employed on the work.
The on-site production of materials produced by any person or entity other than the Contractor's forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the work, shall conform to the requirements relating to labor set forth in the Contract Documents.
The Contractor shall require, by written agreement, each subcontractor to be bound to the Contractor by terms of the Contract Documents and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the City, to the extent of the work to be performed by the subcontractor. Each subcontract agreement shall preserve and protect the rights of the City under the Contract Documents with respect to the work to be performed by the subcontractor, so that subcontracting will not prejudice such rights.
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G8.02 ASSIGNMENT. The performance of the Contract may not be assigned by Contractor except upon the written consent of the City. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the work to be performed under the Contract.
The Contractor may assign monies due or to become due him under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of monies shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract, and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.
G8.03 NOTICE TO PROCEED. As soon as practicable after execution of the Contract by the City, approval by the City of the Contract Bonds and all other documents listed in the Contract, and after receipt of acceptable insurance certificates by the City, and any other items as may be required in the Contract Documents, a written Notice to Proceed will be mailed or hand delivered to the Contractor. The effective date of the Notice to Proceed will be the date stated as such in the Notice to Proceed, provided that the effective date will not be earlier than the calendar day following the issuance of the Notice to Proceed.
G8.04 BEGINNING OF WORK. The Contractor is not authorized to perform any work on the Project until he has received a Notice to Proceed from the City. No later than ten (10) calendar days after the effective date of such Notice to Proceed, the Contractor shall commence work and shall diligently prosecute the same to completion within the time limit provided in the Special Provisions.
The Contractor shall notify the Engineer, in writing, of its intent to begin work at least 72 hours before work is begun and shall specify the date the Contractor intends to start. If the Project has more than one location of work, a separate notice shall be given for each location.
Should the Contractor begin work in advance of receiving the Notice to Proceed and providing notice to the Engineer, any work performed by Contractor in advance of such notice shall be considered as having been done by Contractor at its own risk and as a volunteer.
G8.05 SCHEDULES AND PROGRESS REPORTS. The Contractor shall, within the time specified in the Special Provisions after the effective date of the Notice to Proceed, submit to the Engineer the specified number of copies of a construction schedule covering its operations for the work. Failure to submit at any time a proper and adequate schedule as specified shall be adequate reason alone to delay approval of any partial payments as an improperly submitted payment request until such required schedule is submitted and accepted. The construction schedule shall be in the form required by the Special Provisions or Specifications. The schedule shall show the order in which the Contractor proposes to carry out the work and the dates on which he expects to start and finish each part or division of the work (including procurement of materials, plant and equipment). The construction schedule shall be consistent with the time and order of work requirements of the Contract Documents and shall provide for expeditious and practicable execution of the work; provided that it shall not show a completion date earlier than the date by which the Contract must be completed pursuant to Section G8.07 and the corresponding Special Provision unless this early completion date was submitted with the Contractor's Proposal and the Contractor agrees to sign a Change Order reducing the completion time to that proposed by its schedule. If the Contractor desires to revise its construction schedule, or if it becomes necessary to revise it due to major changes, he shall submit the specified number of copies of the revised schedule for review and comment by the Engineer.
The Contractor shall, within ten (10) days after the effective date of the Notice to Proceed, also submit F.3.c
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to the Engineer three copies of a schedule of submittals which is coordinated with the Contractor's construction schedule and within the review times provided in the Contract Documents.
For a payment request to be complete and proper, the Contractor shall submit to the Engineer, at the time of submittal of the invoice for work completed (See Section G9.08), a schedule summary report in a form and of sufficient detail and character as specified in the Special Provisions. The schedule summary report shall include the updated current construction schedule and shall specify whether the project is on schedule and, if not, the reasons therefor and actions being taken to get back on schedule if work is behind schedule. The monthly schedule summary report shall also indicate the delivery status of major and critical items of purchased equipment and material, the status of shop drawings and field fabricated work and such other information as may be required and set out in the Special Provisions.
G8.06 SITE MEETINGS. The Contractor shall schedule meetings with the Engineer and each active subcontractor at the work site weekly, or at such other frequency as specified in the Special Provisions. Each subcontractor shall have present a competent representative to report the conditions of its work and to discuss problems.
G8.07 TIME OF COMPLETION. The Contractor shall complete all or any designated portion(s) of the work called for under the Contract in all parts, manner and requirements within the time set forth in the Special Provisions.
G8.08 ADDITIONAL SHIFT WORK. The time limits specified for the completion of the work contemplated may be insufficient to permit completion of the work by the Contractor working a normal number of hours per day or week on a single shift basis. Where additional shifts or premium time pay are necessary to ensure that the work will be completed within the time limits specified, any resulting additional costs will be considered to be included in the price paid for the various Contract items of work and no additional compensation to Contractor will be allowed therefor.
If the Contractor desires to carry on work at night or outside regular working hours, he shall give timely written notice to the Engineer to allow satisfactory arrangements to be made for observing the work in progress.
G8.09 CITY'S RIGHT TO STOP THE WORK. If the Contractor fails to promptly correct work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out work in accordance with the Contract Documents, the Engineer may, in writing, order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated.
The Contractor shall immediately comply with a written order of the Engineer to stop the Work. The W ork stopped shall be resumed as and when ordered by the Engineer.
G8.10 LIQUIDATED DAMAGES. It is agreed by the parties herein to the Contract that in case all the work called for under the Contract, in all parts and requirements, is not completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor shall pay to the City, as liquidated damages for delay and not as a penalty, the sum set forth in the Special Provisions per day for each and every calendar day's delay in completing the work in excess of the number of days prescribed; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract if the Contractor has not paid within seven (7) days any demand from the City for liquidated damages. If, based on the current
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approved progress schedule and rate of progress, it is determined by the Engineer that completion will exceed the Contract time, as extended by any change orders, the Engineer may prospectively assess and withhold liquidated damages from any progress payments to Contractor. If and at such time as progress by Contractor improves to indicate timely completion, liquidated damages so withheld may be released at the next regular progress payment.
G8.11 DELAYS AND EXTENSIONS OF TIME. The Contractor will be granted an extension of time and will not be assessed with liquidated damag es or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time set forth in the Special Provisions caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor or subcontractor. Examples of such causes include acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes and other work stoppages caused by a labor dispute, shortage of materials as conditioned below, and freight embargoes, changes made under Section 4.04 ("Changes") or acts or neglect of the City or Engineer not contemplated by the Contract Documents. In all cases, any extension of time is conditioned on the following: (1) that the cause is not due in any respects to the fault of the Contractor or subcontractor and the Contractor has taken reasonable precautions to prevent delays due to such cause, (2) that the Contractor has developed and implemented work-around plans, schedules and actions to mitigate or avoid project completion delays to the extent practical and possible, (3) that any delayed activities are on the critical path and (4) that the Contractor notifies the Engineer in writing within ten (10) calendar days from the beginning of such delay specifying the nature of the delay, the number of days actually delayed or expected to be delayed and the measures taken to prevent, mitigate or minimize the delay. Failure by Contractor to submit written notice to the Engineer within this time shall constitute an absolute waiver by Contractor of any claim for a time extension; failure to submit all the required information by Contractor shall be sufficient cause for denial of the request for a time extension; and failure by Contractor to have a current and updated schedule on file with the Engineer at the time of request for a time extension or claim of delay shall be sufficient cause alone for the City to reject a claim and deny a request for a time extension.
Further, no extension of time will be granted to Contractor for a delay caused by a shortage of or delay in delivery of materials, unless the Contractor promptly furnishes to the Engineer documentary proof that he has diligently made on a timely basis every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, in the form of schedule data as required in Section G8.05, that the inability to obtain such materials when originally planned did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the Engineer that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.
The term "shortage of materials," as used in this Section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract.
No extension of time will be granted for storms or adverse weather conditions which may reasonably be expected for the area in which the work is being performed, based on official records of monthly precipitation and other historical data. The intensity alone of any single or series of storms shall not be the basis for a time extension. In submitting a bid the bidder is certifying its understanding of the conditions for any time extension for storms or adverse weather and that he has included full F.3.c
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consideration of delays in work due to weather conditions that reasonably can be expected in the project area.
No extensions of time will be granted for delays that have no measurable impact on the completion of the total work under the Contract. When extensions of time are granted, they will be limited to the period equivalent to the actual number of workdays lost on the critical path or controlling operation of construction, taking into account the extent to which that delay could be decreased by reasonable mitigation and work around measures by the Contractor or its subcontractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it.
Within a reasonable period of time after the Contractor submits the notice and information required by this Section, the Engineer will determine whether an extension of time is justified and, if so, the number of days for the extension.
The Contractor shall have no claim for damage or compensation against City for any delay or hindrance and shall be fully compensated by an extension of time provided as set forth in this Section.
Notwithstanding the preceding sentence, the Contractor may only submit a claim for compensable delay caused by acts or omissions of the City but only if such acts or omissions: (1) cause delay which is unreasonable in the circumstances and (2) are not such as to be within the contemplation of the parties. It is expressly agreed that delays by the City in providing access to the work site are not within the contemplation of the parties but that delays by the City in reviewing shop drawings and submittals and the risk of delays due to errors or omissions in the Contract Drawings are within the contemplation of the parties as expectable events in the construction process.
G8.12 TERMINATION OF RIGHT TO PROCEED. If the Contractor should appear to the Engineer to be in default and the Contractor fails to remedy its default within ten (10) days after receipt from the Engineer of notice of such default, the City may terminate the Contractor's right to proceed with the W ork or that portion which the Engineer determines is most directly affected by the default.
The term "default" for purposes of this Section includes, but is not limited to, the performance of work in violation of the terms of the Contract; abandonment, assignment or subletting of the Contract without approval of the City; bankruptcy of Contractor or appointment of a receiver for Contractor's property; refusal or failure by Contractor to properly to prosecute the work; Contractor’s use of materials, supplies, plant or equipment of improper quality or quantity; refusal or failure by Contractor to use an adequate number of properly skilled workers; failure by Contractor to provide proper workmanship; failure by Contractor to take effective steps to end a prolonged labor dispute; and Contractor’s performance of the Contract in bad faith.
Upon the City's termination of the Contractor's right to proceed with the Work, or a portion of it, the City shall have the right to complete the W ork, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor's materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the W ork, or a portion of them, without being responsible to the Contractor for fair wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City's sole judgment, best accomplish such completion.
The expense of completing such work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be F.3.c
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due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Contract, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due to the City.
The City may, in its sole discretion, withhold all or any part of any progress payments otherwise due the Contractor until completion and final settlement of the work covered by such notice of default.
G8.13 TERMINATION OF CONTRACT.
A. Termination for Cause. The City may terminate the Contract if the Contractor:
1. persistently or repeatedly fails or refuses to supply enough properly skilled workers or proper materials;
2. fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and subcontractor;
3. persistently disregards laws, ordinances or rules, regulations or orders of a public authority having jurisdiction; or
4. otherwise is guilty of a material breach of a provision of the Contract Documents. A "default" as defined in Section G8.12 shall constitute a substantial breach of the Contract Documents.
When any of the above reasons exist, the City may, without prejudice to any other rights or remedies of the City under this Contract or otherwise, upon ten (10) days' written notice, terminate the Contract and may:
1. take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor;
2. finish the work by whatever means the City deems expedient.
When the City terminates the Contract under this Section, the Contractor shall not be entitled to receive any further payments to which the Contractor is actually due until the W ork is completed and accepted by the City, and the Contractor is properly due any further payment.
The provisions of the last two paragraphs of Section G8.12 shall apply if the City terminates the Contract.
The City will issue the Contractor a written notice specifying that the Contract is to be terminated.
Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
1. stop all work under the Contract except that work specifically directed to be completed prior to acceptance;
2. perform work the Engineer deems necessary to secure the project for termination;
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3. remove equipment from the site of work, as directed by the Engineer;
4. take such action as is necessary to protect the work and materials from damage;
5. notify all subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer;
6. provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request;
7. dispose of materials not used in the work as directed by the Engineer.
It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section G9.10, "Partial Payments," of these General Conditions and with bills of sale or other documents of title for such materials;
8. subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the rights, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder;
9. furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which state and/or federal funds are involved, all documentation required under the state and/or federal requirements included in the Contract; and
10. take such other actions as the Engineer may direct.
B. Termination for Convenience. The City, at its sole discretion, may terminate this Contract in whole, or from time to time in part, at any time and for any reason, whenever the City shall determine that such termination is in the best interests of the City. Any termination which is not based on the circumstances set forth in Subsection A above, shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. In such event, Contractor shall be paid for all actual substantiated direct costs of materials furnished and work performed up to the date of termination and such additional compensation as the City deems proper and reasonable to effect termination.
Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease work as to those portions of the project so terminated and shall undertake the steps outlined in Subsection A above.
In the event that the City terminates this Contract under Subsection A above and it is determined for F.3.c
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any reason that there was not sufficient cause to do so, the City's termination automatically will convert to a termination for convenience under this Subsection B and the terms and conditions outlined in this Subsection automatically will be applied to effectuate the Contract termination.
G8.14 CITY AND NON-CITY FACILITIES. The Contractor shall protect from damage those utilities and City and non-City facilities that are to remain in place, be installed, relocated or otherwise arranged.
Attention is directed to the possible existence of any and all facilities not shown, and of facilities in a location different from that which is indicated. The Contractor shall take all steps necessary to ascertain the exact location of all facilities prior to doing work which may damage such facilities or interfere with their service. Where the location of a facility is not indicated or is in doubt, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. The cost of such excavations and explorations will be considered as a part of the cost of other items of work and no additional payment will be made to Contractor. Such excavations and exploratory work shall also not entitle the Contractor to an extension of time.
Where it is determined by the Engineer that the rearrangement of an underground facility, the existence of which is not shown on the drawings, is essential in order to accommodate the work, the Engineer will provide for the rearrangement of such facility by other forces or, when so ordered by Change Order, such rearrangement shall be performed by the Contractor and will be paid for as provided under the Change Order.
The Contractor shall maintain all utility facilities placed by him in temporary locations, and all utilities within the construction area not required to be relocated but which are required to be shored or supported during the construction period. The cost of such shoring, supports and maintenance shall be borne by the Contractor and no other compensation shall be due the Contractor for this work.
The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work.
G8.15 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any services he may require in performance of the work of this Contract and shall pay all costs of these services directly to these utility organizations.
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SECTION 9
MEASUREMENT AND PAYMENT
G9.01 MEASUREMENT OF QUANTITIES. All work to be paid for at a Contract price per unit of measurement will be measured by the Engineer in accordance with United States Standard Measures unless otherwise specified in the Special Provisions or Bid Schedule.
G9.02 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; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the City; and for all risks of every description connected with the prosecution of the work, also for all expense incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to the Contract Documents. 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 materials.
No compensation will be made in any case for loss of anticipated profits.
Except as specifically provided otherwise, no separate payment will be made for work covered in any of these General Conditions, the Special Provisions, the Greenbook, and if used, the Technical Specifications, and the cost thereof will be considered as included in the prices paid for the various Contract items included in the Bid.
If the "payment" clause in the Contract Documents relating to any unit price in the bid schedule requires that the said unit price cover and be considered compensation for cer tain work or material essential to the item, this same work or material will not also be measured nor paid for under any other pay item which may appear elsewhere in the Contract Documents.
G9.03 FORCE ACCOUNT PAYMENT. When extra work or other work done pursuant to a Change Order is to be paid for on a force account basis, the labor, materials and equipment used in the performance of such work shall be subject to the approval of the Engineer and compensation will be determined as follows:
A. Work Performed by Contractor. The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereafter provided in Sections 9.03A(1), "Labor," 9.03A(2), "Materials," and 9.03A(3), "Equipment Rental," except wh ere agreement has been reached to pay in accordance with Section 9.03B, "Work Performed by Special Forces or Other Special Services."
To the total of the direct costs computed as provided in Sections 9.03.A(1), "Labor," 9.03.A(2), "Materials" and 9.03.A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials, 15 percent to the cost of Contractor - owned equipment, and 15 percent to rented equipment.
The above markups shall constitute full compensation, covering the cost of general supervision, overhead, profit and any other general expense not specifically designated as cost or equipment rental in Sections 9.03.A(1), (2) and (3). The total payment made as provided F.3.c
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above shall be deemed to be the actual cost of such work and shall constitute full compensation therefor.
When work paid for on a force account basis is performed by subcontractor(s), the Contractor shall reach agreement with subcontractor(s) as to the distribut ion of the payment made by the City for such work. No additional payment therefor will be made by the City by reason of the performance of the work by a subcontractor(s) or other forces. (1)Labor. The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
(la) Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes.
(lb) Labor Surcharge. To the actual wages, as defined in Section
9.03A(la), will be added a labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract. Said labor surcharge shal l constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section
9.03A(la) and subsistence and travel allowance as specified in Section 9.03A(lc). (2)Materials. The City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials.
Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:
(2a) If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City notwithstanding the fact that such discount may not have been taken.
(2b) If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of such materials. (2c) If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Contract items or the current wholesale price for such materials delivered to the job site, whichever price is lower, less any discounts as provided in Section 9.03A(2a).
(2d) If the cost of such materials is, in the opinion of the Engineer, excessive, then the cost of such material shall be deemed to be the lowest current wholesale price at which such materials were available in the quantities concerned delivered to the job site, less any discounts as provided in Section 9.03A(2a).
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(2e) If the Contractor does not furnish satisfactory evidence of the cost of such materials from the actual supplier thereof within sixty (60) days after the date of delivery of the materials or within fifteen (15) days after acceptance of the Contract, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which such materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9.03A(2a).
(3)Equipment Rental. The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor. If it is deemed necessary by the Engineer to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Engineer. The Contractor may fu rnish any cost data which might assist the Engineer in the establishment of such rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.
The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.
Operators of rented equipment will be paid for as provided in Section 9.03A(1), "Labor."
All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.
Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates.
Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
Individual pieces of equipment or tools not listed in said publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.
Rental time will not be allowed while equipment is inoperative due to breakdowns.
(3a) Equipment on the Work. The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time that F.3.c
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that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is mo ved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than such extra work.
The following shall be used in computing the rental time of equipment on the work:
(1)When hourly rates are listed, less than 30 minutes of operation shall be considered to be 2 hour of operation.
(2)When daily rates are listed, less than 4 hours of operation shall be considered to be 2 day of operation.
(3b) Equipment Not on the Work. For the use of equipment moved in on the Work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, or determined as provided in Section 9.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
(1)The original location of the equipment to be hauled to the location of the work will be agreed to by the Engineer in advance. (2)The City will pay the costs of loading and unloading such equipment.
(3)The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers. (4)The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission. (5)The rental period shall begin at the time the equipment is unloaded at the site of the extra work or the extra work is available to be accomplished whichever occurs later, shall include each day that the equipment is at the site of the extra work, excluding Saturdays, Sundays, and legal holidays unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of such equipment or its further use is unnecessary. The rental time to be paid per day will be in accordance with the following:
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Hours Equipment Hours to
is in Operation be Paid
0 ...............4
0.5 ...............4.25
1 ...............4.5
1.5 ...............4.75
2 ...............5
2.5 ...............5.25
3 ...............5.5
3.5 ...............5.75
4 ...............6
4.5 ...............6.25
5 ...............6.5
5.5 ...............6.75
6 ...............7
6.5 ...............7.25
7 ...............7.5
7.5 ...............7.75
8 ...............8
Over 8 hours in operation
The hours to be paid for equipment which is operated less than eight (8)hours due to breakdown shall not exceed eight (8) less than the number of hours the equipment is inoperative due to breakdowns.
When hourly rates are listed, less than thirty (30) minutes of operation shall be considered to be one-half (2) hour of operation.
When daily rates are listed, payment for one-half (2) day will be made if the equipment is not used. If the equipment is used, payment will be made for one (1) day.
The minimum rental time to be paid for the entire rental period on an hourly basis shall not be less than eight (8) hours or if on a daily basis, shall not be less than one (1) day.
(6)Should the Contractor desire the return of the equipment to a location other than its original location, the City will pay the cost of transportation in accordance with the above provisions; provided such payment shall not exceed the cost of moving the equipment to the work.
(7) Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis. (3c) Owner-Operated Equipment. When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:
Payment for the equipment will be made in accordance with the provisions in Section 9.03A(3), "Equipment Rental."
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Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workmen operating similar equipment already on the project, or, in the absence of such other workmen, at the rates for such labor established by collective bargaining agreements for the type of workman and location of the work, whether or not the owner-operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein, in accordance with the provisions in Section 9.03A(1b), "Labor Surcharge."
To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 9.03A, "Work Performed by Contractor." (3d) Dump Truck Rental. Dump truck rental shall
conform to the provisions of Section 9.03A(3), "Equipment rental," 9.03A(3a), "Equipment on the Work," and 9.03A(3b), "Equipment not on the Work," except as follows:
Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing contract item work.
In the absence of contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.
The provisions in Section 9.03A(1), "Labor," shall not apply to operators of rented dump trucks.
The rental rates listed for dump trucks in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.
To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. No separate markup will be made for labor.
The provisions of Section 9.03A(3c), "Owner-Operated
Equipment," shall not apply to dump truck rentals.
B.Work Performed by Special Forces or Other Special
Services. When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of its subcontractors, such service or extra work item may be performed by a specialist. Invoices for such service or item of extr a work on the basis of the current market price thereof may be accepted without complete itemization of labor, materials and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization.
In those instances wherein a contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges for that portion of the extra work F.3.c
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performed in such facility may, by agreement, be accepted as a specialist billing.
To the specialist invoice price, less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent in lieu of the percentages provided in Section
9.03A, "Work Performed by Contractor."
G9.04 FORCE ACCOUNT RECORDS. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations. The records and extra work reports shall be maintained and prepared for specific scopes of work provided by the Engineer. The Engineer may establish a Not to Exceed cost for a specific scope of work. In such cases the Contractor shall maintain records so as to ensure that the Not to Exceed cost is not exceeded but that the Engineer is advised in writing ahead of time if it is anticipated that the cost will be exceeded so that the Engineer may consider action to increase the Not to Exceed cost or modify the scope of work. The City shall not pay for any costs above the Not to Exceed cost if the Contractor has not provided such notice in writing at least seven (7) calendar days in advance of the date the Contractor anticipates reaching the Not to Exceed cost.
From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, on forms furnished by the City or on computerized facsimiles of the City's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily reports shall itemize the materials used whether invoices are or are not available that day and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces, except for charges described in Section G9.03.B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated.
With each daily extra work report submitted to the Engineer, the Contractor shall compile the total cost of the extra work accomplished to date for a specific scope of work and compare it to the Not to Exceed cost if one has been established by the Engineer.
Material charges shall be substantiated by valid copies of vendor's invoices. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports clearly and distinctly noting the previous daily report(s) to which they pertain. Should vendor's invoices not be submitted within sixty (60) days after the date of use of the materials or within fifteen (15) days after the acceptance of the Contract, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials are available in the quantities concerned delivered to the location of the work, less any discounts provided in Section G9.03.A.
The daily extra work reports shall be signed by the Contractor or its authorized representative. The daily reports shall be turned in to the Engineer no later than by the close of business on the working day following the day of the report. Failure to turn in reports on this schedule shall be the basis for denying payment and/or using the Engineer's records only as the final and indisputable basis for payment. Reports must be complete as noted above.
The Engineer will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments.
When these daily extra work reports are agreed upon and signed by both parties, except for delinquent reports as noted above, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based F.3.c
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on the later audit by the City.
The Contractor's cost records pertaining to work paid for on a force account basis shall be open to inspection or audit by representatives of the City, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) days after the acceptance date of the contract, the Contractor will be given a reasonable notice of the time when such audit is to begin.
Payment as provided in Sections 9.03A, "Work Performed by Contractor," and 9.03B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. Such payment will be made in accordance with the provisions for "Partial Payments." G9.05 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer (including the failure or refusal to issue a Change Order), or the happening of any event, thing or occurrence, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this Section shall not be a prerequisite as to matters within the scope of the Contract Change Order protest provisions in Section G4.09, "Protest Procedure," or the notice provisions in Section G8.11, "Delays and Extension of Time," nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.
The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, all relevant facts associated with the claim, the nature of the costs involved and, insofar as possible, the amount of the potential claim. If based on an act or failure to act by the Engineer or the City, such notice shall be given to the Engineer prior to the time that the Contractor has started performance of the work giving rise to the potential claim for additional compensation. In all other cases, notice shall be given within ten (10) days after the happening of the event or occurrence giving rise to the potential claim. Should a claim not be adequate or complete in content as set out above, the Engineer will reject and return the claim for Contractor's reconsideration and resubmission if so decided by Contractor. Any resubmission shall be made within seven (7) days of return by the Engineer to be considered timely unless a longer time frame is allowed by the Engineer.
It is the intention of this Section that differences between the parties arising under and by virtue of the Contract shall be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which a written notice of potential claim as herein required was not timely filed or not complete as to required content noted above.
G9.06 RECORDS. Pursuant to Government Code Section 8546.7, Contractor shall retain all project-related records for a period of three (3) years after final payment on this contract, which shall be subject to audit or inspection by the City or the State Auditor during this period.
Separate and apart from the obligations under Section 8546.7, the City shall have the right to audit project records at City’s discretion under the following circumstances: (a) submission of a Public Records Act request regarding the project; (b) inability to resolve F.3.c
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a disputed contract change order; or
(c)submission of a construction claim.
G9.07 DISPUTE RESOLUTION. To accomplish the intent of early resolution of differences between the parties, the following procedures shall be followed for any Notice of Potential Claim submitted in full compliance with Section 9.05.
The Engineer will review and analyze each claim within the timeframe established by the Engineer based on the nature and complexity of the claim and advise the Contractor of its findings and determinations. The Contractor shall provide supplemental information as may be reasonably requested by the Engineer in the course of its review/analysis, and be available for discussions with the Engineer on the matter.
Failure of the Contractor to provide such information on a timely basis or be available for discussions shall be sufficient cause to deny the claim.
Within ten (10) calendar days of receipt of the Engineer's written findings and determinations the Contractor shall either indicate in writing agreement and acceptance or shall advise the Engineer in writing of any disagreement setting forth clearly and completely the basis for such disagreement and stating what the Contractor's position is on the issue(s) in disagreement. Failure to submit any response within the ten (10) calendar days shall be conclusively construed as Contractor acceptance of the Engineer's determinations and no further claim shall be allowed.
Upon receipt of Contractor's notice of acceptance or a non response within ten (10) calendar days the Engineer will take appropriate action to document resolution of the claim and make any needed adjustments to the contract. Should the Contractor express any disagreement he shall document it in writing to the Engineer and provide any additional documentation supporting its claim. The Engineer will conduct a review and analysis of the Contractor's documentation in the same fashion and under the same conditions as set forth for the original claim and render its final determinations and decision. The Engineer then will take appropriate actions to adjust the Contract as may be required by its final determinations and decision.
The procedures set forth above are not intended to abrogate or replace the Public Contract Code requirements referred to in General Condition G9.11. If after participating in the dispute resolution procedures set forth above, the Contractor intends to proceed with submission of a claim, then the Contractor must formally resubmit the claim following the procedures in General Condition G9.11 and identifying that the claim is resubmitted pursuant to General Condition G9.11.
G9.08 STOP PAYMENT NOTICES. The City may, at its option and at any time, retain out of any amounts due the Contractor sums sufficient to cover claims filed pursuant to Section 9000, et seq., of the California Civil Code.
G9.09 PAYMENT SCHEDULES. The Contractor shall submit a Schedule of Anticipated Contract Payments and a Schedule of Pay Items for review and approval by the Engineer prior to the initial partial payment to the Contractor. The Schedule of Pay Items shall be prepared by the Contractor in a format approved by the Engineer and shall include such detail as directed by the Engineer. These schedules shall be sufficiently clear and detailed so as to facilitate an accurate and realistic appraisal of monthly progress for the purpose of making partial payments. The value for each bid item shall total the bid amount. The cost breakdown shall include only actual work items. No amounts will be allowed for mobilization and other overhead costs such as bonds and insurance unless specifically provided for in the Special Provisions or bid schedule. Unless otherwise provided,
costs of these items shall be spread uniformly over the actual items of work. The values in the schedule will be used only for determining partial payments.
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The Schedule of Anticipated Contract Payments shall be coordinated with the Contractor's construction schedule submitted pursuant to Section G8.05 and shall show the anticipated monthly Contract payments for each of the pay items covered in the Schedule for Pay Items, the total of monthly payments and cumulative total of payments for each month. If the construction schedule is revised, the Schedule of Anticipated Contract Payments shall also be revised and resubmitted for the Engineer's review and approval as circumstances indicate to ensure that the schedule coincides with actual progress. No partial payment will be made until the Engineer has approved the Schedules required by this Section.
G9.10 PROGRESS ESTIMATES AND INVOICES FOR WORK COMPLETED.
Once each
month, at a time, place and location mutually agreeable, the Contractor and Engineer shall meet to discuss the amount of work completed satisfactorily during the work period since the last invoice f or partial payment was prepared. The first such estimate will be of the value of the work done after the Contractor commenced the performance of the contract, and every subsequent estimate, except the final estimate, will be of the value of the work done after that included in the last preceding estimate. Such estimates need not be based on strict measurements, but may be approximate only, and will be in due proportion to the whole amount of money, including payments previously made, that will have become due according to the contract when all work required under the contract shall have been completed. A draft invoice for work completed shall be prepared by the Contractor or Engineer as determined by the Engineer; the Engineer's judgment will be final if disputes occur regarding the amount of work completed or its value. Following the meeting, the Contractor shall formally submit the invoice for work completed in a form acceptable to the Engineer. The invoice will certify, and be supported by evidence if required by the Engineer, that the work invoiced has been done and that the materials listed have been incorporated into the work. The invoice may include the amount and value of such acceptable material as has been furnished and incorporated into the work.
No payment or allowance shall be made for equipment or materials stored within the general work area or elsewhere but not yet satisfactorily incorporated in the work except as may be provided in the Special Provisions.
G9.11 RETENTION. In addition to amounts, if any, withheld pursuant to any other provision of these General Conditions, including the City's right to withhold for the estimated or actual costs of correcting defective work and amounts claimed by the City as liquidated damages or other offsets, the City will retain an amount equal to 5 percent of the estimated value of the work done as part security for the fulfillment of the Contract by the Contractor. Any time after 50 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the City may (but need not) reduce the amount being retained from progress payments to any amount less than 5 percent of the value of the estimated value of said work and materials.
In addition, when the Engineer determines that the contract is 95 percent complete, the City may release a portion of total retention amount withheld, and continue to retain such lesser amount as the City determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. In agreeing to any of the above referenced revised method(s) of progress payments, the City reserves the right to return to the original method of progress payments in the amount of 90 percent of work completed, if at any time, the Engineer finds that either the Contractor is not making satisfactory progress or there is a specific cause for greater withholding.
G9.12 PARTIAL PAYMENTS. Upon receipt of a progress payment invoice the
Engineer/City will review it as soon as practicable for the purpose of determining whether or not it is proper in both form and content. If a progress payment invoice is F.3.c
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determined not to be proper, such as not including schedule information or failure to submit a proper and adequate schedule as set forth in Section G8.05, it shall be returned to the Contractor as soon as practicable but in any event within seven (7) days after receipt together with a written statement why it is not proper. The City will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice. Attention is directed to Section 20104.50 of the Public Contract Code. No such payment will be made when, in the judgment of the Engineer, (a) the work is not proceeding in accordance with the provisions of the Contract; (b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00).
No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the W ork.
Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure.
G9.13 PAYMENT OF WITHHELD FUNDS. Pursuant to Public Contract Code Section 22300, the Contractor may request to deposit securities in escrow equivalent to the amount of funds withheld from progress payments by the City as described in Section G9.11, with the City or a bank acceptable to the City as a substitution for funds withheld by the City. Alternatively, the Contractor may request to have the City make payment of the funds withheld from progress payments as described in Section G9.11 directly to an escrow agent and direct the investment of such funds into securities. The Contractor shall be the beneficial owner of any securities and shall receive interest thereon. Upon the satisfactory completion of the contract, the Contractor shall receive all securities, interest and payments. The Contractor may make this request only upon the following conditions.
a.the request to substitute securities or to have payments made directly to an escrow agent shall be at the sole expense of the Contractor;
b.securities eligible for investment shall include securities pursuant to California Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letter of credit, or any other security mutually agreed upon by the City and Contractor;
c.the Contractor shall enter into an escrow agreement, which shall be substantially similar to the agreement form provided in Public Contract Code Section 22300;
d.the Contractor shall obtain the written consent of the surety to such agreement; and
e.the Contractor who elects or receive interest on funds withheld by the City shall, at the request of any subcontractor performing more than five percent (5%) of the Contractor's total bid, make the option available to the subcontractor to receive interest on any funds withheld in retention by the Contractor from the subcontractor. The subcontractor shall receive interest in accordance with Public Contract Code section 22300(d)(1).
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Alternatively, the Contractor who elects to substitute securities in lieu of retention by the City, shall by mutual consent between the Contractor and subcontractor allow any subcontractor performing more than five percent (5%) of the Contractor's total bid to substitute securities in lieu of funds withheld by the Contractor.
G9.14 PROMPT PAYMENT TO CONTRACTOR. The City will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice pursuant to Section 20104.50 of the Public Contract Code. No such payment will be made when, in the judgment of the Engineer, (a) the work is not proceeding in accordance with the provisions of the Contract; (b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00). No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work. Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure.
G9.15 FINAL PAYMENT. After the work has been accepted by the City, as provided in Section G7.26, "Acceptance of the Work," payment will be made to the Contractor in accordance with the provisions of this Section. Upon acceptance, the City will record a Notice of Completion covering the project.
Within thirty-five (35) days after acceptance by the City, the Contractor shall prepare and submit a proposed final invoice in writing, prepared in a form acceptable to the Engineer. The proposed final invoice will show the proposed total amount of compensation payable to the Contractor, including an itemization of that amount segregated as to Contract item quantities, extra work and other bases for payment. The proposed final invoice will also show all deductions made or to be made for prior payments and amounts to be kept or retained under the Contract.
The Contractor shall also submit, at the same time as the proposed final invoice is submitted, a statement of all claims he has arising under or by virtue of the Contract, or a statement that he does not intend to file any such claims. All claims shall be submitted as specified herein. No claim for which a notice of potential claim or protest is required under Section G9.05, "Notice of Potential Claim," Section G4.09, "Protest Procedure," or Section G8.11, "Delays and Extension of Time," will be considered unless the Contractor has fully complied with the notice or protest requirements in said sections and the resolution process set out to Section G9.07.
Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims.
The Engineer will review the proposed final invoice and claims and will submit its recommendation to the City as to the final estimate of the amount due the Contractor and the disposition of all claims. All prior invoices and payments are subject to correction in connection with review of the proposed final invoice.
The City will submit any changes or corrections to the proposed final invoice to the Contractor for its consideration. Within ten (10) days thereafter, the Contractor shall submit a final invoice, in a form acceptable to the Engineer, incorporating any changes or corrections made by the City, together with
any additional claims resulting therefrom. Upon approval by the City, this will become the approved final invoice. The Contractor shall submit with the final invoice, certificates of any insurance required to be maintained after acceptance of the work.
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If the Contractor files no claims within thirty (30) days after acceptance of the work by the City, and agreement is reached on all questions regarding the final invoice, the City will pay the entire sum found due upon the final invoice, except that the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9000, et seq., of the California Civil Code, together with the costs of administering such claims.
If the Contractor does file claims within thirty (30) days after acceptance of the work by the City, then upon final determination of all the Contractor’s claims, the City will pay the entire sum found due upon the final invoice, including the amount, if any, allowed on claims, except that the City will withhold sums sufficient to pay all unsettled claims and any amounts for which stop payment notices have been filed pursuant to Section 9000, et seq., of the California Civil Code, together with the costs of administering such claims.
Before final payment can be made, the Contractor shall furnish the Engineer with the following:
(a)All drawings, catalogues, instruction sheets and
information as required by the Contract;
(b)One signed copy of the Release as discussed below in this Section and on a form furnished by the City; and
(c)Guarantee Bond, if not already incorporated in the
Performance Bond.
Final payment will be made within thirty (30) days after receipt of an approved final invoice and other required submittals referenced above and determination of all Contractor's claims, or sixty (60) days after acceptance of the work by the City, whichever is later, provided, however, that if a final invoice has not been submitted and approved within sixty (60) days after acceptance of the work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with any disputed sums.
The acceptance by the Contractor of final payment shall constitute a waiver and release of all claims by the Contractor against the City related to the work, except for claims previously made in writing and identified as unsettled by the Contractor at the time of submission of the final invoice. The making of final payment, however, shall not operate to release the Contractor or its sureties from obligations arising under this Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from (a) unsettled or future liens, (b) failure of the work to comply with the requirements of the Contract Documents, (c) the terms of any warranties required by or contained in the Contract Documents, (d) the right to any insurance proceeds or the right to make any insurance or bond claims, (e) any claims with respect to Contractor's obligation of indemnity provided for in the Contract Documents, or (f) any latent defects or fraud.
END OF GENERAL CONDITIONS
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EXHIBIT 9
Special Provisions
and/or
Technical Specifications
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DIVISION I - SPECIAL PROVISIONS
01010 PROJECT DESCRIPTION
The project will install +/-1,345L LF of 12-inch diameter sanitary sewer and +/-634 LF of storm drain line to 42-inch diameter, slurry seal and restriping between Memorial Drive and El Cerro Drive in the City of Hollister.
01011 SUMMARY OF WORK
Pavement trenching and reconstruction, sewer main replacement, storm drain improvements, slurry seal, and restriping.
01012 EQUIPMENT TO BE PROVIDED TO OWNER
(Not Used)
01013 WORK BY OTHERS
Others working on associated facilities and probably interfacing with the Contractor at some time during the execution of the work include:
1.City of Hollister Management Services Department Streets Division
2.City of Hollister Management Services Department Utilities Division
3.Sunnyslope County Water District
The Contractor shall cooperate to complete the necessary Work at a minimum cost and time delay for all involved. In the event of lack of agreement, the City will determine how and where the interface shall be made and his decision shall be final. 01014 DEFINITIONS
City: City of Hollister
Owner: City of Hollister
Engineer or
Design Consultant: Kimley-Horn and Associates, Inc.
Contractor: The individual, partnership, corporation, joint venture, or other legal entity having a contract with the City to perform the work.
Construction Manager: City of Hollister
01015 WORK INVOLVING EXISTING SYSTEM
Operation of the existing water system shall not be jeopardized or materially reduced in efficiency as a result of the execution of Work. The Contractor will have to maintain existing services during construction at all times.
The Contractor must not plan work schedules until a written schedule has been approved, and work is fully coordinated with the City's operations.
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01016 COORDINATION OF WORK
The Contractor shall maintain overall coordination for the execution of the Work pertaining to this project. Based on the Construction Schedule prepared in accordance with these Specifications, the Contractor shall obtain from each of his subcontractors a similar schedule which shall be integrated into the construction schedule. The Contractor shall then be responsible for all parties maintaining these schedules for coordinating required modifications.
01017 WORK SEQUENCE AND CONSTRAINTS
A.The first working day of the project shall be no later than Monday, October 17, 2022.
No delay will be allowed based on the Contractor’s inability to start the work on or before this date.
B.Within ten (10) working days upon receiving the completed (signed) Contract, the Contractor shall initiate the submittal and review process for all materials and equipment to be used on the project.
C.Within ten (10) working days upon receiving the completed (signed) Contract, or at the pre-construction conference, whichever occurs first, the Contractor shall prepare a Work Plan for review and approval by the City and Engineer. The Work Plan shall describe all elements of the Work in sufficient detail to allow City and Engineer to evaluate the progression of planned activities at the Site.
D.Within ninety (90) working days after the Notice-to-Proceed has been issued, the project shall be completed. Liquidated damages accrue starting on the 1st day after the expiration of working days. Liquidated damages will be assessed using the Liquidated Damages table in Section 8-1.10A of the Caltrans Standard Specifications.
E.The Contractor shall be aware that there may be change orders involved with this Work. The Engineer has made every attempt possible to determine the extent and location of all existing facilities within the project area. However, the inexact nature of existing knowledge and unavailable as-built plans may require the issuing of change orders to reflect changed conditions.
01020 CONSTRUCTION STAKES, LINES AND GRADES
The Work shall be executed in accordance with the lines and grades indicated in the Contract Documents. Distances and measurements, except elevations and structural dimensions, shall be made on horizontal planes. Contractor shall verify elevations and locations of structures a minimum of 72 hours prior to construction. Contractor shall notify the engineer of record if any field conditions are different than what is noted on the Contract Documents.
The City will not provide construction staking. The Contractor shall layout the striping based on the lines and dimensions provided in the plans.
01021 SITE WORK
Principal control points, including establishment of temporary bench mark, will be identified by the Contractor and shall be protected from disturbance. If the points are disturbed, any work that is governed by these monuments shall be held in abeyance until the points are re-established by the Contractor. The accuracy of all the Contractor's stakes, alignments, F.3.c
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and grades is the responsibility of the Contractor. However, the City has the discretionary right to check the Contractor's stakes, alignments and grades at any time. Where such discretion is to be exercised by the City, he will notify the Contractor of his intention, stating the time at which the checking will commence. Any part of the work in progress, the results of which are predicated directly upon the Contractor's stakes, alignments, or grades to be checked, shall be held in abeyance until the City has notified the Contractor that the checking has been completed. The Contractor shall establish such control and reference points for line and grade as he may need and as will be required to properly lay out the Work.
01022 PARTIAL ACCEPT ANCE OF WORK
After completion of certain portions of the Work, including all testing and other preparation necessary for operation of such portions by the City as herein specified, but prior to final completion of the Work, provisions may be made for partial acceptance in writing by the City for such portions only. The portions of the Work to be included for partial acceptance prior to final project completion will be noted at the preconstruction conference in accordance with Contractor's schedule, or by written notice to the Contractor at the earliest possible time.
The guarantee period for such portions of the Work shall commence with the date of their acceptance for use by the City. However, full payment for such portions will not be made until final acceptance of the total Work.
Acceptance of any portion of the Work prior to acceptance of the whole shall not be construed as absolving the Contractor of responsibility for any item of construction or incidental work included in the Contract. Prior to such occupancy or use, the City will enter into a written agreement with the Contractor delineating the portions of the Work released to the City for occupancy or use and indicating what if any, work remains to be done within the occupied or released area. If such prior use increases the cost of or delays the Work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as may be determined by the City after consideration of recommendations by the City.
Should any portion of the Work in use be damaged thereby, the City shall bear the expense for repairing such damage. However, if the portion being so used should reveal deficiencies of materials or workmanship, it shall be the Contractor's responsibility to replace the defective construction.
01023 PARTIAL AND FINAL PAYMENT
Attention is directed to Subsection 9-3.2 PARTIAL AND FINAL PAYMENT of the standard specifications. Modify paragraph three to read:
From each progress payment, 5% will be deducted and retained by the agency. The City will withhold 5% of the total Contract amount until acceptance of the performance of the Contract by the City Council.
01210 PRECONSTRUCTION CONFERENCE
Upon receipt of the completed (signed) Contract, the Contractor will arrange a meeting to be attended by the Contractor, City, Engineer, or their respective representatives, and others involved in the execution of the work.
The purpose of this conference shall be to establish a working understanding between the parties and to discuss the Construction Schedule, shop drawing submittals and processing, F.3.c
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applications for payments and their processing, and such other subjects as ma y be pertinent for the execution of the Work.
01220 PROGRESS MEETINGS
The Contractor shall arrange and conduct progress meetings. These meetings shall be conducted at least once every week and shall be attended by the Contractor's superintendent and representatives of all subcontractors, utilities, and others that are active in the execution of the Work. The purpose of these meetings shall be to expedite the work of any subcontractor or other organization that is not up to schedule, resolve conflicts , and in general coordinate and expedite the execution of the Work.
The agenda of progress meetings, provided by the Construction Manager, shall include review of progress and schedule, review payment request at monthly intervals, review of narrative report by the Contractor, review of the latest Construction Schedule update, and review of the record documents if necessary.
01221 SCHEDULE REVIEW
The Work and the Construction Schedule as identified in Section 6 of the standard specifications shall be reviewed to verify:
A. Start and finish dates of activities falling within Contract time.
B. Durations and progress of all activities are reasonable.
C. A two week minimum, 4 week maximum look ahead schedule shall be submitted and updated on a weekly basis by the contractor.
01222 REVISIONS TO CONSTRUCTION SCHEDULE
The Contractor shall submit a revised Construction Schedule within five days of the occurrence of any of the following:
A. When delay in completion of any activity or group of activities indicates an overrun of the Contract time or control point requirement, by 5 working days or ten percent (10 percent) of the remaining duration, whichever is less.
B. Delays in submittals, deliveries or work stoppages are encountered which make replanning or rescheduling of the work necessary.
C. The Schedule does not represent the actual prosecution and progress of the project as being performed in the field.
Acceptance of the revised Construction Schedule and all supporting data is contingent upon compliance with other related requirements specified before in this DIVISION I and any other previous agreements or requirements with or by the City.
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01300 SUBMITTALS - SHOP DRAWINGS
In ample time for each to serve its purpose and function, the Contractor shall submit to the City for approval all schedules, reports, drawings, lists, literature samples, instructions, directions, guarantees, shop drawings, layout diagrams, catalog data, and tes t reports for all materials and equipment to be used for completion of the work. All information to be provided in sufficient detail to show complete compliance with all specified requirements of the Contract Documents covering, but not limited to, 01310 Materials and Equipment List.
The Contractor, at his own expense, shall make such changes in the required drawings as may be necessary to conform to the Contract Documents. After completion of such checking, verification, and revising, the Contractor shall stamp and sign the drawings indicating his approval and submit the shop drawings and pertinent data to the City for review. Prior to the City's review of such drawings, any work which the contractor may do on the fabrications covered by the same shall be at his own risk as the City will not be responsible for any expense or delays incurred by the Contractor for changes to make the same conform to the Contract Documents.
Shop drawings and data shall be submitted to the City in such number of copies as will allow him to retain two (2) copies of each submittal; alternatively, Contractor may submit electronic PDF copies of such submittals in lieu of hard copies. The submittal shall clearly indicate the specific area of the Contract Documents for which the submittal is made. The additional copies received by him will be returned to the Contractor's representative at the job site. The City's notations of the action that he has taken will be noted on the returned copies.
The above drawings, lists, prints, samples, and other data shall become a part of the Contract Documents, and a copy of the same shall be kept with the job site Contract Documents, and the fabrications furnished shall be in conformance with the same.
However, the City's review of the above drawings, lists, prints, specifications, samples or other data shall in no way release the Contractor from his responsibility for the proper fulfillment of the requirements of this Contract nor for fulfilling the purpose of the installation nor from his liability to replace the same, should it prove defective or fail to meet the specified requirements.
01310 MATERIALS AND EQUIPMENT LIST
Submittal Name Specification Section
Work Plan 01017
Work Schedule 02110
Class II Aggregate Base City of Hollister Std Specs Section 200 Pipe City of Hollister Std Specs Section 207
Concrete City of Hollister Std Specs Section 303
Asphalt Concrete City of Hollister Std Specs Section 203 Type II Standard Storm Drain Manhole City of Hollister Std Detail D-2-1 Sanitary Sewer Manhole City of Hollister Std Detail C-1-1 Inlet Grate City of Hollister Std Detail D-3-1
Slurry Seal 2018 Greenbook and City of Hollister Std Specs Section 203- 5 Signing and Striping Improvement Plans & Caltrans Stds 01320 QUALITY CONTROL
All materials and equipment shall be new and of the specified quality and equal to the samples found to be acceptable by the City, if samples have been submitted. The Work F.3.c
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shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission in the Contract Documents; and it shall be the duty of the Contractor to call the City's attention, apparent errors or omissions and request instructions before proceeding with the Work. The City may, by appropriate instructions, correct errors and supply omissions, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents.
01321 SAMPLING
The Contractor shall furnish such samples of materials as are requested by th e City, without charge. No material shall be used until the City has had the opportunity to test or examine such materials. Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the job site, such as concrete test cylinders, shall be taken or prepared by the City in the presence and with the assistance of the Contractor.
01322 INSPECTION
Materials, equipment, and workmanship shall be subject to the inspection of, and rejection by, the City or City’s designated Inspector, if not in conformance with the Contract Documents. Defective materials, equipment, or Work shall be removed from the premises by the Contractor, whether in place or not, and shall be replaced with new and acceptable materials, equipment, or work. Repair of defective materials, equipment, or work shall be subject to the City's acceptance.
On all questions concerning the acceptability of materials or equipment, classification of materials, or equipment, execution of the Work, and the determination of costs, the decision of the City shall be final and binding upon all parties.
The Contractor shall at all times maintain proper facilities and provide safe access to all parts of the Work, to the shops wherein the Work is in preparation, and to all warehouses and storage yards wherein materials and equipment are stored, for purposes of inspection by the City. Should any Work be covered up before the City has had the opportunity to observe such work, it shall, if required by the City, be uncovered for examination at the Contractor's expense.
01400 TEMPORARY FACILITIES
The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, protection dust emissions, protection from contaminated stormwater runoff from the Work site, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, regulation, or permit. 01401 ELECTRICAL SERVICE
The Contractor shall be responsible for obtaining adequate temporary electrical service, if required. The Contractor shall then provide adequate job site distribution facilities conforming to applicable codes and safety regulations. Contractor shall comply with work day and work hour restrictions stipulated in the City Standard Specifications and Special Provisions contained herein.
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01402 TEMPORARY LIGHTING
The Contractor shall provide temporary lighting in all work areas sufficient to maintain a lighting level during working hours not less than the lighting level required by OSHA standards.
01403 HEATING AND VENTILATION (NOT USED)
The Contractor shall provide means for heating and ventilating al l work areas as may be required to protect the Work from damage caused by freezing, high temperatures, and other weather conditions. The Contractor shall provide a safe environment for workers.
Unvented direct fired heaters shall not be used in areas where freshly placed concrete will be exposed to combustible gases until at least two hours after the concrete has attained its initial set.
01404 WATER
The City can provide construction water for a fee. Contractor shall make all arrangements for a construction water meter with the City Management Services Utilities Division and the City Administrative Services Finance Department. A reduced pressure principle backflow preventer assembly (Febco 825Y or approved equal) must be provided/installed by the Contractor with any temporary piping, hoses, etc. Construction water may not be used for human consumption. Contractor to provide potable water that shall be kept free from contamination and shall conform to the requirements of the State and local authorities f or potable water.
01405 SANITARY CONVENIENCES
The Contractor shall provide a suitable and adequate chemical toilet at the site of the work. 01414 WARNING DEVICES AND BARRICADES
The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of OSHA. A Traffic Control Plan is required to be submitted for review and approval by the City.
01415 HAZARDS IN PROTECTED AREAS
Excavation on the project site from which the public is excluded shall be marked or guarded in a manner appropriate for the hazard.
01416 PROTECTION OF EXISTING ITEMS
The Contractor shall protect all existing structures, and other items on the project site that are to be preserved, by substantial barricades or other devices commensurate with the hazard, from injury or destruction by vehicles, equipment, workmen, or other agents.
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01417 PROJECT SECURITY
The Contractor shall provide means necessary to protect equipment and project site against fire, theft, and vandalism, and for the protection of the public against exposure to injury. Contractor to identify a location for a yard to store equipment and material. 01418 FIRE EXTINGUISHERS
Sufficient number of fire extinguishers of the type and capacity required to protect the Work and ancillary facilities, shall be provided in readily accessible locations. 01419 DUST CONTROL
Adequate steps, procedures, or means as are required to prevent abnorm al dust conditions being caused by operations in connection with the execution of the Work. Control shall be by sprinkling, use of dust palliatives, tarps, modification of operations, or any other means acceptable to agencies having jurisdiction. Dust control is to be maintained at all times throughout the project including weekends, evenings, holidays, or those times when there is no work in progress.
01420 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the public, or other agencies under his control. The Contractor shall limit his work and staging area to the minimum necessary and minimize disruption of any adjacent commercial, retail, recreational or residential facilities. 01422 ODOR CONTROL
The Contractor shall take whatever steps, procedures, or means as are required to prevent abnormal odors being caused by his operations.
01423 DRAINAGE CONTROL
In prosecuting the Work, care shall be taken to not disturb the pre-existing drainage pattern.
Particular care shall be taken to direct and contain drainage water on City propert y and collect and properly dispose of such water as part of the Work. Storm Water Management Plan is required as part of the Work Plan to be submitted to the Engineer for review and approval.
01424 EROSION CONTROL
Erosion control measures for wind, water, material stockpiles, and tracking shall be implemented at all times by the contractor and shall include source control, including protection of stockpiles, protection of slopes, protection of all disturbed areas, protection of accesses, and perimeter containment measures. Erosion control shall be placed prior to the commencement of work based upon location, site characteristics or time of year. The intent of erosion control measures shall be to keep all generated sediments from entering a swale, drainage way, watercourse, atmosphere, or migrate onto adjacent properties or onto the public right-of-way.
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01502 CONTRACTOR'S CONTINUING OBLIGATION
Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by CITY, nor the issuance of a Notice of Completion, nor any payment by CITY TO CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by CITY, nor any act of acceptance by CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by CITY, nor any correction of defective Work by CITY will constitute an acceptance or Work not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents. 01503 CONTACT PERSONS FOR OUTSIDE AGENCIES
The following agencies shall be contacted as specified in SECTION 5 -UTILITIES of the City of Hollister Standard Specifications.
CITY OF HOLLISTER DEPT CONTACT PERSON PHONE
Utilities Division Henry Gonzales (831) 636-4377
Operations & Maintenance Division Derrick Speights (831) 636-4370 Engineering Division Cristian Builes (831) 636-4340
01504 PROJECT CLOSEOUT
It is the intent of these Contract Documents that the Contractor shall deliver a complete and operable facility capable of performing its intended functions and ready for use.
01505 CLEANING
Throughout the period of construction the Contractor shall keep the Work site free and clean of all rubbish and debris, and shall promptly remove from the site, or from property adjacent to the site of the Work, all unused and rejected materials, surplus earth, concrete, and debris, excepting select material which may be required for refilling or grading. 01506 FINAL SITE CLEAN-UP
Upon completion of the Work, and prior to final acceptance, the Contractor shall remove from the vicinity of the Work all plant, surplus material, and equipment belonging to him or used under his direction during construction.
01507 WASTE DISPOSAL
The Contractor shall dispose of surplus materials, waste products, and debris and shall make necessary arrangements for such disposal.
01510 PROJECT RECORD DOCUMENTS
The Contractor shall maintain at the site, available to the City and Engineer, one copy of the Contract Documents, Drawings, Shop Drawings, Change Orders, and other modifications in good order and marked (red line) to record all changes made during construction (as-built drawings). These documents shall be delivered to the City upon F.3.c
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completion of the Work prior to the release of final progress payment (not retention).
During the progress meetings, such record documents shall be reviewed to ascertain that all changes have been recorded.
01520 TOUCH-UP AND REPAIR
The Contractor shall touch up or repair finished surfaces on structures, or installations that have been damaged prior to final acceptance. Surfaces on which such touch up or repair cannot be successfully accomplished shall be completely refinished or in the case of hardware and similar small items, the item shall be replaced. 01530 REUSE OF DOCUMENTS
Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with CITY shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of CITY and ENGINEER and specific written verification or adaptation by ENGINEER.
**END OF SECTION DIVISION I**
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DIVISION 2 – TECHNICAL SPECIFICATIONS
02010 GENERAL CONDITIONS
1. All construction and materials shall be in accordance with these plans, City standard details and specifications, the final geotechnical report and all issued addenda, and commonly accepted construction standards. The City specifications shall govern where other specifications do not exist. In case of conflicting specifications or details, the more restrictive specification and detail shall be followed.
2. The contractor shall comply with City “general notes” for construction.
3. The contractor shall furnish all material and labor to construct the facility as shown and described in the construction documents in accordance with the appropriate authorities' specifications and requirements.
4. The contractor shall visit the site prior to bidding to determine existing conditions.
5. The contractor shall review and verify all dimensions and field conditions that may affect construction. Any discrepancies on the drawings shall be immediately brought to the attention of the architect and engineer before commencing work. No field changes or deviations from design are to be made without prior approval of the engineer and if applicable the City. No consideration will be given to change orders for which the City, engineer, and owner were not contacted prior to construction of the affected item.
6. It is the contractor's responsibility to contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work to have them locate their existing utilities prior to construction. The contractor shall provide an adequate minimum notice to all utility companies prior to beginning construction.
7. Contractor shall call 811 an adequate amount of time prior to commencing construction or any excavation.
8. Contractor shall use extreme caution as the site contains various known and unknown public utilities.
9. The contractor is responsible for coordinating any adjustments and relocations of existing utilities that conflict with the proposed improvements, including but not limited to, adjusting existing manholes to match proposed grade.
10. The contractor shall be responsible to obtain all required construction permits, approvals, and bonds prior to construction.
11. The contractor shall have available at the job site at all times a copy of the contract documents including plans, project and City specifications, and special conditions, copies of any required construction permits, and inspection reports.
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12.All shop drawings and other documents that require engineer review shall be submitted by the contractor sufficiently in advance of construction of that item, so that no less than 10 business days for review and response is available.
13.All necessary inspections and/or certifications required by codes, jurisdictional agencies, and/or utility service companies shall be performed prior to use of the facility and the final connection of services.
14.Contractor shall arrange for required City inspections.
15.Contractor's bid price shall include all inspection fees.
16.Contractor is responsible for all materials testing and certification, unless specified otherwise by owner. All materials testing shall be coordinated with the appropriate City inspector and comply with City standard specifications. Testing shall be performed by an approved independent agency for testing materials. Owner shall approve the agency nominated by the contractor for materials testing.
17.All copies of materials test results shall be sent to the City and engineer directly from the testing agency.
18.It shall be the contractor’s responsibility to show, by the standard testing procedures of the materials, that the work constructed meets the project requirements and City specifications.
19.All contractors must confine their activities to the work area. No encroachments outside of the work area will be allowed. Any damage resulting therefrom shall be contractor's sole responsibility to repair.
20.The contractor shall protect all existing structures, utilities, manholes, poles, guy wires, valve covers, vault lids, fire hydrants, communication boxes/pedestals, and other facilities to remain and shall repair any damages at no cost to the owner.
21.The contractor shall immediately repair or replace any physical damage to private property or public improvements, including but not limited to: fences, walls, signs, pavement, curbs, utilities, sidewalks, grass, trees, landscaping, and irrigation systems, etc.… to original condition or better at no cost to the owner.
22.Site safety is solely the responsibility of the contractor.
23.Signs related to site operation or safety are not included in these plans.
24.Contractor staging area shall be agreed on by the owner and contractor prior to beginning of construction. Contractor is responsible for all permitting requirements for the construction storage and staging operations and locations.
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25.All signs, pavement markings, and other traffic control devices shall conform to the "Manual on Uniform Traffic Control Devices".
26.Top rim elevations of all existing and proposed manholes shall be coordinated with top of pavement or finished grade and shall be adjusted to be flush with the actual finished grade at the time of paving.
27.Contractor shall adjust all existing and proposed valves, fire hydrants, and other utility appurtenances to match actual finished grades at the time of paving.
28.The contractor is responsible for construction sequencing and phasing, and shall contact the appropriate City officials, including building official, engineering inspector, and fire marshal to learn of any requirements.
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Additional Notes
1.All work must comply with the City of Hollister Standard Details and Specifications or 2018 Caltrans Standard Specifications as specified.
2.Traffic control must be performed in accordance with the latest revision of the CA MUTCD. Contractor must have an approved traffic control plan prior to beginning work.
Prepare and submit a traffic control plan to the engineer for review and approval. Update and resubmit as needed until the plan is approved.
3.Comply with the requirements for water pollution control outlined in Section 13 of the standard specifications.
4.Do not apply thermoplastic striping using hand cart methods. Thermoplastic traffic stripes will be measured by the linear foot regardless of the number of individual stripes comprising the detail (e.g. detail 29 placed between station 1+00 and station 2+00 will be measured as 100 linear feet even though it consists of 400 linear feet of stripe).
5.Prepare a lead compliance plan to cover removal of the existing striping. Residue from the removal of painted or thermoplastic traffic stripes and pavement markings contains lead from the paint or thermoplastic. The average lead concentrations are less than 1,000 mg/kg total lead and 5 mg/l soluble lead. This residue:
a.Is a nonhazardous waste
b.Does not contain heavy metals in concentrations exceeding the thresholds established by the health and safety code and 22 CA code of regs c.Is not regulated under the federal resource conservation and recovery act (RCRA), 42 USC§ 6901 et seq. Management of this material exposes workers to health hazards that must be addressed in your lead compliance plan.
6.Proposed fee is considered to be full compensation for performing all work as shown on the plans and as required by the specifications. No additional payments will be made.
7.All construction must be to the City of Hollister standards and accepted by the Public Works inspector. Standard plans are available at the office of the public works inspector.
8.Contractor shall meet with City of Hollister at least 48 hours prior to start of construction, 24 hours notice required on all inspections.
9.Contractor is responsible to make all arrangements for site inspections and ensure that all current standards for the City of Hollister are followed prior to the beginning any phase of construction work.
10.Construction shall be limited to between the hours of 7:00 a.m. and 6:00 p.m., Monday thru Friday and inspection requests shall be limited to normal City business hours: 8:00 a.m. to 5:00 p.m., Monday thru Friday.
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**END OF SECTION 02010**
02011 SUBSURFACE CONDITIONS
1. GENERAL
1.01 GEOTECHNICAL INVESTIGATION
A. Any data or soil and/or subsurface conditions shown in the Plans or Specifications is based on limited information and is at best only an opinion; consequently, such data cannot be considered precise or complete and there is no guarantee as to its completeness, adequacy, contents, accuracy or precision.
B. Contractor should visit the site and review all existing site conditions before submitting a bid and the submission of a bid will be prima facie evidence of having done so.
C. Prior to bidding, Contractor may make their own subsurface investigations to satisfy themselves with the site and subsurface conditions.
D. The Contractor shall be responsible for obtaining written approval from the responsible agency or property owner before performing any exploratory excavations.
E. Contractor is responsible for obtaining, at Contractor's expense, any additional information necessary to bid and/or perform the work.
F. Contractor agrees to make no claims against the Engineer or Owner if, in performing the work, it is found that subsurface conditions encountered do not conform to those indicated by soil borings, test excavations, and any other subsurface investigations, obtained by the Contractor.
**END OF SECTION 02010**
02016 EXISTING UTILITIES
I GENERAL
1.01 PUBLIC AND PRIVATE UTILITIES
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A.The right is reserved by owners of public utilities and franchises to enter upon any street, road, right-of-way, or easement for the purpose of maintaining their property and for making necessary repairs or adjustments caused by the Contractor's operations. The Contractor shall hold the Owner harmless of any costs so incurred. **END OF SECTION 02016**
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SECTION 02050
02050 DEMOLITION
1.00 GENERAL
1.01 SUMMARY
A. Section includes:
1. Selective demolition, dismantling, cutting and alterations as indicated, specified and necessary for the completion of the contract.
2. Removing demolished materials from the site.
3. Protection of work to remain.
1.02 NIC work
A. Encapsulation, removal and disposal of asbestos and other hazardous materials.
2.00 PRODUCTS
Not used
3.00 EXECUTION
3.01 GENERAL
A. Protection:
1. Do not begin demolition until temporary partitions, barricades, warning signs and other forms of protection are installed.
2. Protect trees, plants, utilities and existing improvements that are not to be removed from injury or damage resulting from the Contractor’s operation.
Replace damaged landscaping, improvements and utilities in kind.
3. During demolition provide safeguards, including warning signs and lights, barricades, and the like, for protection of the public, Contractor’s employees and existing improvements to remain.
B. Noise Control:
1. Exercise caution and care to prevent generation of unnecessary noise.
2. Keep noise levels to the minimum possible.
3. Discontinue noise producing operations, when requested by the Owner and reschedule at a mutually acceptable time.
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C.Dust control: Control dust at all times.
1.Provide dust-tight partitions to prevent dust escaping into other parts of the building where demolition is not in progress.
2.Assume liability for claims related to flying dust caused by this work.
D.Water control:
1.Control the use of water to prevent damage to the existing facility and improvements to remain. Provide wet vacuum equipment where water, such as waste cooling water from concrete sawing, is used.
2.Provide impermeable floor covering and suitable dams to prevent damage by water, immediately clean up and remove surplus water, and water spilled in non-working areas.
3.Assume liability for claims related to water seepage and leakage caused by this work.
E.Security: Coordinate security with the Owner.
1.Take necessary precautions to keep trespassers out of demolition areas.
2.Properly secure demolition areas from entry when demolition is not in progress but do not block required exit ways.
F.Safety: If at any time the safety of existing construction appears to be endangered, take immediate measures to support such endangered construction; cease operations and immediately notify the Construction Manager.
Do not resume demolition until Construction Manager’s instructions are received.
3.02 DEMOLITION
A.Existing conditions: Intent of Drawings is to show existing conditions with information developed from field surveys and to generally show the extent and type of demolition required.
1.Make a detailed survey of existing conditions prior to commencing demolition, and report discrepancies or conflicts between Drawings and actual conditions in writing to the Construction Manager for clarifications and instructions.
2.Do not proceed where such conflicts or discrepancies occur prior to the receipt of Construction Manager’s instructions.
3.Materials and finishes to be salvaged shall be carefully removed and restored.
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temporary shoring and bracing systems used during demolition.
C.Demolition shall be performed by skilled, trained and properly equipped personnel.
D.Remove existing construction only to the extent necessary for the proper installation of new construction and junction with existing materials. Cut back finished surfaces to straight, plumb or level lines as required.
E.If unanticipated conditions which conflict with intended function or design are encountered, investigate and measure both nature and extent of the conflict.
1.Submit report to Construction Manager in written, accurate detail.
2.Pending receipt of directive from Construction Manager, rearrange demolition schedule as necessary to continue overall job progress without delay.
F.Coordinate demolition with other trades to assure the proper sequence, limits, methods and time of performance. Schedule demolition so as to impose a minimum of hardship on the present operation of the facilities and the performance of the work of other trades.
G.Whenever possible, use small hand or small power tools designed for sawing or grinding; whenever possible avoid the use of tools with a hammering and chopping motion. Cut through finished surfaces from the exposed or finished side into concealed surfaces.
H.In general, remove materials as follows:
1.Portland cement concrete.
a.Use removal methods that will not crack or structurally disturb adjacent concrete constructions.
b.Cut back concrete to clean, straight lines by saw cutting a minimum of 1 inch deep; remainder of concrete may be jack-hammered.
3.03 CLEAN-UP DISPOSAL
A.Debris, waste and removed materials, other than items to be salvaged, are Contractor’s property for legal disposal off the site.
B.Continuously clean-up and remove these items and do not allow them to accumulate on the site.
**END OF SECTION 02050**
02100 MOBILIZATION/DEMBOBILIZATION
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A. Description. The Contractor shall provide labor, materials and equipment to prepare the site for the timely start and efficient completion of all work. The contractor is responsible for obtaining suitable storage and equipment area for use during the Hillcrest Road Storm and Sewer Improvement Project. Coordinate suitable location on the Project Site with City staff. The storage yard shall be cleaned and restored to the condition prior to its use. All costs associated with this storage yard including setup, maintenance, dust control and restoration is the responsibility of the Contractor.
Contractor shall commence no later than 10 working days after issuance of Notice to Proceed. Contractor should anticipate working in wet weather months. No additional payment will be allowed for mobilization/demobilization beyond the initial bid item. This includes obtaining any necessary licenses and permits, providing required submittals, public notices, project schedule, material certificates, and attending pre-construction and progress meetings.
Demobilization work includes site cleanup, removing of equipment, personnel, temporary facilities, preparation of record drawings, and other construction resources at job completion.
B. Measurement and Payment: Measurement and payment for this item shall be as specified in the Items of Construction, Mobilization/Demobilization.
**END OF SECTION 02100**
02110 SCHEDULING
A. Description: The Contractor shall submit a complete, tentative project schedule at the time of the pre-construction meeting. A minimum of five (5) working days prior to beginning work, the Contractor shall submit to the City Engineer for approval a detailed written schedule of work. Following approval, the Contractor shall adhere diligently to the approved written schedule in the prosecution of the work.
B. Measurement and Payment: Measurement and payment for this item shall be as specified in the Items of Construction, Mobilization/Demobilization.
**END OF SECTION 02110**
02120 SURVEYING AND CONSTRUCION STAKING
A. Description. The Contractor shall provide all surveying and construction staking necessary to
construct the improvements as shown on the plans, specified herein and as directed by the Engineer.
The Engineer shall approve all staking layouts prior to construction of any improvement that requires
staking.
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B. Measurement and Payment: Payment for Surveying and Construction Staking is included in the various bid items and will not be considered for separate or additional payment.
**END OF SECTION 02120**
02200 TRAFFIC CONTROL SPECIFICATION
Public Convenience and Safety (Traffic Control) –
Public convenience and safety shall be according to Section 7-10 of the Standard Specifications for Public Works construction and regional supplement amendments.
The contractor shall submit traffic control plans for work to be done two weeks before starting of work, for the City engineer's approval. The contractor shall comply with the traffic control plans. Traffic control shall conform to California MUTCD, latest edition.
The contractor shall be fully responsible for the adequacy of any traffic plan used.
Contractor shall notify the City at least two (2) working days before starting any construction detour.
A separate traffic control plan for any work on arterial and collector streets shall be submitted for approval prior to the start of any work on these streets. The contractor shall also submit separate traffic control plans for work within any major intersections, state rights-of-way, areas where schools are present and other congested areas. The traffic control plan shall include phasing, existing striping, and temporary striping during construction, and finished permanent striping.
All traffic control plans shall be prepared and signed by a licensed C31 contractor or qualified contractor with a general "A" license. The contractor shall employ full time dedicated personnel whose sole responsibility is to do traffic control only. The contractor is prohibited from using other crew personnel to perform this job.
It is the responsibility of the contractor performing work on a City street to install and maintain the approved traffic control devices and such additional traffic control devices (e.g. flag persons) as may be required to insure safe movement of traffic motorists, bicyclists, pedestrian and construction staking staff through and around the work area and provide maximum protection and safety to construction workers.
The contractor shall be responsible for adequate barricading of the work area and controlling of traffic near the project as specified in sub Section 7-10 of the standard specifications or as directed by the engineer.
The contractor shall be responsible for preserving original locations and dimensions of all existing striping obliterated by the work. The contractor shall be responsible for F.3.c
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maintaining sufficient striping control points to be able to restore lane dimensions. The contractor shall install and maintain temporary overlay yellow or white markers, whichever is applicable, where striping cannot be restored by the end of the workday.
The contractor shall replace all roadway striping and pavement markings removed by the construction work.
At least five (5) working days before commencing work, the contractor shall submit its construction schedule to the City for approval. This schedule shall allow residents or businesses along the streets to be worked, ample "on street" parking (if parking is allowed) within a reasonable distance from their homes or place of business. Based upon the construction schedule, the contractor shall notify residents and businesses of the proposed work, and post temporary "No Parking" signs at least 72 hours in advance.
Notification shall be in the form of "door knocker" notices and must be in English and Spanish. The contractor shall submit a sample of the "no parking" sign and "door knocker" notices to the City for approval.
All "No Parking signs" shall be mounted on "A-frames" only. Signs taped on traffic cones, trees or other structures shall not be permitted.
The City reserves the right to observe the traffic control plans in use and to make changes as field conditions warrant. Any changes will supersede the plans and will be done solely at the contractor's expense.
The contractor shall arrange with Recology, San Benito County to maintain trash pick-up services for those property owners affected by the work. The contractor shall notify the transit agencies of any delays to their buses. The contractor shall notify all schools (public and/or private) where the work may affect school operations.
Contractor is required to fill up and submit the traffic control estimate form. Payment will be adjusted based on the streets completed from this list.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and all necessary traffic control as required by the City is considered included in the contract price paid for Traffic Control and Construction Area Signs and no additional compensation will be allowed.
**END OF SECTION 02200**
02370 REMOVAL OF USA AND CONSTRUCTION MARKINGS
A.General: Remove all street and sidewalk marking used to identify the location of utility services under Underground Service Alert (USA) program and construction related markings, including but not limited to horizontal and vertical grade markings, survey stationing, offsets, curb lines, and other layout lines.
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B. Method and Materials: Prior to removal, perform a test section to demonstrate that the removal method selected completely removes markings and does not damage the pavement or sidewalk. Engineer shall approve marking removal method.
C. Schedule: Remove markings within one week after the completion of the work or as determined by the Engineer.
D. Compliance with National Pollution Discharge Elimination System (NPDES) Act.:
Comply with federal, state and local requirements of the NPDES Act and the Regional Water Quality Control Board. Prevent material generated by the removal operations from entering the storm drain system by covering or barricading storm drains. Vacuum and dispose of material off-site in accordance with Section 300-1.3 of the Standard Specifications.
E. Failure to Remove Markings: Street and sidewalk markings not removed within the required time may be removed or caused to be removed by the City. The City will charge the Contractor a fee up to three times the actual cost for removing the markings. This fee will cover the cost of removals and compliance with the NPDES and administration overhead costs.
F. Payment: Payment for this work is included in the various bid items and will not be considered for separate or additional payment.
**END OF SECTION 02370**
02400 STORM WATER BEST MANAGEMENT PRACTICES
A. Description: The Contractor will provide all labor, materials and equipment to protect and secure the site with the appropriate Storm Water Best Management Practices (BMPs) to prevent pollutants from escaping and entering the storm drain system and to keep all substances used in or resulting from the work out of the gutters, storm drains and creeks by utilizing Storm Water Best Management Practices (BMPs) measures as approved by the City of Hollister. BMPs shall comply with the CASQA Construction BMP Handbook, unless otherwise approved by the City. The Contractor will maintain said BMPs throughout the duration of the Project, including but not limited to the following BMPs:
1. Sediment Control
a. SE-10 "Storm Drain Inlet Protection"
2. Waste Management and Materials Pollution Control
a. WM-3 "Stockpile Management"
b. WM-4 "Spill Prevention"
c. WM-5 "Solid Waste Management"
d. WM-6 "Hazardous Waste Management
e. WM-8 "Concrete Waste Management
3. Non-Storm Water Management Control
a. NS-9 "Vehicle and Equipment Fueling"
b. NS-10 "Vehicle and Equipment Maintenance"
4. Employee and subcontractor training and instruction.
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B.Implementation: It shall be the Contractor's responsibility to monitor and maintain all BMP measures on a daily or more frequent basis, including non-work days and especially during storms. Special attention shall be given to dry cleanup of spills, proper disposal of concrete and paint, shoveling dirt and debris from gutters, sweeping roads within the project limits, as well as, roads entering and exiting the project limits. In addition all catch basins (both new and existing) at the project site, and which are determined by the Engineer to have been affected by the construction, shall be cleaned out by the contractor at the end of the project.
The Contractor shall comply with all Local, State, and Federal laws regarding storm water compliance. Further, it is the Contractor's responsibility to field verify the location of all storm drain inlets and facilities, and to protect and secure said storm drain inlets and facilities with the appropriate storm water BMPs to prevent pollutants from escaping the site and entering the storm drain system. Nothing in the Plans and Specifications shall relieve the Contractor of these responsibilities.
C.Measurement: Quantities for the Storm Water Best Management Practices will be based on the installation and maintenance thereof for all storm water BMP measures listed in the plans, specifications, and all relevant documents and standards related to storm water management for the Project as required by and to the satisfaction of the Engineer.
D.Payment: Payment for this work is included in the various bid items and will not be considered for separate or additional payment.
** END OF SECTION 02400 **
03200 HOT MIX ASPHALT CONCRETE
Furnish and install hot mix asphalt concrete with a maximum aggregate size of ½”.
Comply with the City Specifications for all material requirements. **END OF SECTION 03200**
PART 1 GENERAL
SECTION INCLUDES
1.Asphalt HMA reinforcement system.
REFERENCES
Asphalt Institute Handbook.
AASHTO Standard Specification for Highway Bridges.
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ASTM D276 – Standard Test Methods for Identification of Fibers in Textiles. ASTM D4595 – Test Method for Tensile Properties of Geotextiles by the Wide-Width Strip Method.
ASTM D4694 – Standard Test Method for Deflections with a Falling-Weight-Type Impulse Load Device.
ASTM D4759 – Standard Practice for Determining the Specification Conformance of Geosynthetics.
ASTM D5340 – Standard Test Method for Airport Pavement Condition Index Surveys. ASTM D5261 – Standard Test Method for Measuring Mass per Unit Area of Geotextiles.
ASTM D6637 – Standard Test Method for Determining Tensile Properties of Geogrids by the Single or Multi-Rib Test Method; 2001.
DIN EN ISO 10319 (2008-10) – Geosynthetics - Wide-Width Tensile Test (ISO 10319:2008).
FHWA Federal Highway Administration – Design Guidelines. Section 96, Caltrans Standard Specifications, latest edition
SYSTEM DESCRIPTION
Flexible Pavements: Provide GlasGrid HMA reinforcement system installed between asphalt layers in a pavement structure to distribute the load, reinforce the pavement and reduce cracking distresses.
Rigid or Composite Pavements: Provide GlasGrid HMA reinforcement system installed between freshly leveled asphalt overlay to absorb the strain and stress energy developed by traffic-induced working HMA cracks, concrete joint and slab shrinkage and expansion due to thermal changes
SUBMITTALS
Submit under provisions of Section 01 30 00.
Submittals of “Shop and Setting Drawings”, “Working Drawings”, “Catalogue Data” and “Certifications” for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows:
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Catalog data and recent certification, performed at most 1 year prior to the submittal, showing that the asphalt reinforcement grid and tack coat meets the specified requirements.
No sample of the tack coat is required.
Manufacturer’s installation instructions and general recommendations.
Product Data: Manufacturer’s data sheets on each product to be used, including:
Preparation instructions and recommendations.
Storage and handling requirements and recommendations.
Samples: Enough material should be supplied to prepare two samples of each type of fiberglass HMA reinforcing grid specified. Each sample shall be 305 mm by 203 mm (12” by 8”) and include a minimum of 5 ribs.
Certification: Shall provide minimum average roll values, provide annual letter of compliance from accredited third-party testing facility, and tests used to determine those properties.
Additional information as requested by the Engineer to fully evaluate the product.
QUALITY ASSURANCE
Manufacturer Qualifications:
Manufacturer with at least 20 years of documented experience in the manufacture and installation of fiberglass HMA reinforcing grids to reduce thermal or load associated cracking distress, and in the manufacture of integrated tack film that meets the specification.
Manufacturer with documented evidence of an established quality control program to assure products with consistent compliance with the requirements of this specification. Such a program would be ISO 9001:2008 Registration.
Annual conformance testing performed by an accredited third-party testing facility.
Installer Qualifications:
Firm with documented experience in the installation of fiberglass HMA reinforcement grid systems with integrated tack film, with at least two projects of similar construction and scope.
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Include brief description of each project by name, and phone number of owner’s representative knowledgeable in each listed project.
Pre-Construction Meeting:
Prior to construction of HMA reinforcing reinforcement system, conduct a meeting at the site with the materials supplier, the installer, and the Contractor to review the preparation and installation requirements.
Notify the Owner and the Engineer at least 3 days in advance of the time of the meeting.
DELIVERY, STORAGE, AND HANDLING
Store products in manufacturer’s unopened packaging until ready for installation.
Store in a dry, covered location that is free of dust, dirt, and moisture. Prevent excessive mud, fluid concrete, asphalt, or other deleterious materials from coming in contact with HMA reinforcing grid materials.
Store at temperatures above minus 29°C (minus 20°F) and 75°C (167°F) and maximum relative humidity of 85%.
PROJECT CONDITIONS
Do not place grid reinforcement when the asphalt surface is wet, or contaminated with oil, soil or excessive dust.
Do not place asphalt during wet or freezing weather that prevents conformance with specified requirements.
Do not install asphalt on the grid reinforcement when the underlying asphalt surface is cooler than 10°C (50°F), warmer than 60°C (140°F), or in the case of new asphalt, prior to the asphalt cooling to 43°C (110°F) at least once previously.
PART 2 PRODUCTS
MATERIALS
The HMA reinforcement grid shall consist of a high strength, fiberglass grid custom knitted and coated with a high temperature non-asphaltic elastomeric polymer and self-adhesive glue. The grid is combined with a multilayer tack film designed to enhance the bond between layers of hot mix asphalt and replace conventional tack coats.
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In addition, the HMA reinforcement grid shall have and adhere to the following Minimum Average Roll Values (MARV) for material properties and should adhere to the strength properties in Table 1 and the performance requirements of Table 2.
Table 1 Material and Strength Properties
Table 2 Product Performance Requirements
TEST DESCRIPTION TEST METHOD
METHOD OF
MEASURE PERFORMANCE
Pe
r
f
o
r
m
a
n
c
e
Re
q
u
i
r
e
m
e
n
t
s
Coating Softening
Temperature vs. HMA
Asphalt Binder
Compaction
Temperature
Temperature
Comparison
Job Mix Formula
Compaction
Temperature
Requirement
Coating Softening
Point > HMA
Compaction
Temperature
PRODUCT
PROPERTIES METHOD UNITS Type 2
Ma
t
e
r
i
a
l
P
r
o
p
e
r
t
i
e
s
Aperture Size
(Center to
Center)
mm
(inch)
25 x 25
(1.0 x 1.0)
Percent Open
Area
CW -02215
MOD.1 % Greater than
or equal to 50
Fiberglass
Coating
Elastomeric
Polymer
Polymer Tack
Film
Integrated on
Grid % 100
Mass / Unit Area ASTM D5261 g/m²
(oz/yd²)
432
(12.7)
Roll Width m
(ft.)
1.5 (4.9)
St
r
e
n
g
t
h
P
r
o
p
e
r
t
i
e
s
Fiberglas Coating
Softening Point ASTM D36 °C
(°F)
Greater than
232
(450)
Tensile
Strength
(MD x CD)
ASTM D6637 kN/m
(lb./in)
100 x 100
(571 x 571)
Tensile
Strength
@2%
ASTM D6637 kN/m
(lb./in)
80 x 80
(456 x 456)
Elongation at
Break ASTM D6637 (%) Less than
3 1 - Army Corp of Engineers test method correlated to light emitted through fabric.
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Field Millability and
Recyclability
Validation
Field Milling of
Asphalt with
GlasGrid
References or
Reports Documented
Experience
Asphalt : Grid
composite stiffness for
durability of composite
layers over life of
pavement during
individual and long
term deformation
3Pt Beam Test at
70°F, Grid with
polymer tack at
mid depth relative
to a control with
polymer tack film –
cyclic stress
controlled
Haversquare
loading
Minimum
Improvement
Factor vs. Control
> 5x
Fatigue and Reflective
Cracking
MMLS3 Scaled
APT 1 Testing vs.
Control
Fatigue and
Reflective
Cracking Testing
> 3x
Full Scale Plate Load
Testing Plate Load Testing
vs. Control
Pavement
Composite
Modulus
>2x
1 : APT – Accelerated Pavement Testing
PART 3 EXECUTION
PREPARATION
Do not begin GlasGrid HMA reinforcing system until existing pavement condition has been evaluated and all repairs have been completed.
Seal cracks greater than 6 mm (1/4”) with an acceptable crack filler. Repair wider cracks using a method that provides a level surface. All holes shall be filled with hot asphalt and compacted level with adjacent surfaces.
Surfaces shall be mechanically cleaned by sweeping and vacuuming and be free of oil, vegetation, sand, dirt, water, gravel, and other contaminants prior to placement of HMA reinforcing grid.
If subgrade preparation is the responsibility of others, notify Engineer of unsatisfactory preparation. Do not begin work until unsatisfactory conditions have been rectified.
Cracks shall be marked and recorded prior to and after the true and leveling course. Identifying and preserving the crack location will ensure that the grid is properly centered on each crack when full grid coverage of the site is not specified.
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INSTALLATION
Storage of Material:
Prior to use, store reinforcement grid rolls in unopened packaging vertically (on end) under dry, covered conditions free from dust, dirt, and moisture to prevent roll distortion and contamination.
Store the product at temperatures above minus 29°C (-20°F) with a relative humidity of less than 85%.
Install GlasGrid HMA reinforcing grid system in accordance with manufacturer’s installation guidelines.
Leveling Course:
Leveling course shall have a surface temperature warmer than 10°C (50°F), cooler than 60° C (140° F) and will have cooled to 43°C (110°F) at least once previously.
Crack areas showing excessive surface irregularities shall be leveled prior to placement.
Slab joint showing upward tenting shall be saw-cut to relieve pressure prior to leveling.
HMA Reinforcement Grid Placement:
Surface temperature shall be between10°C (50°F) and 60°C (140°F) prior to placing the grid reinforcement.
The placement surface must be dry. Since moisture affects the adhesion of the grid to the pavement surface, grid placement should not be undertaken if rain is likely to fall prior to covering the grid with an asphalt mat overlay. Grid that is placed and will not adhere due to moisture shall be removed and replaced at the Contractor’s expense.
HMA reinforcement grid shall be laid out by mechanical means or by hand using sufficient pressure to eliminate ripples. Remove any ripples by pulling the grid tight. Cutting of the grid may be done on tight radii to prevent ripples.
Lap transverse joints in the direction of the paving 76 mm to 152 mm (3-6”); longitudinal joints shall be overlapped 25 mm to 50 mm (1-2”) or as recommended by the manufacturer, whichever is greater.
After placement, activate self-adhesive glue by rolling with a rubber coated drum roller or a pneumatic tire roller until proper adherence occurs. In no instance shall steel-wheeled or vibratory rollers be used. Rolling shall continue until the adhesive is activated and the grid is bonded to the truing and leveling F.3.c
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course. Generally, this can be accomplished in one or two roller passes.
During rolling operations, roller tires shall be kept clean to the satisfaction of the Engineer. Reinforcement shall be laid and rolled over ironworks (i.e., manhole covers, drainage grates, etc.). Once the grid has been rolled, these portions of the mats covering the ironworks shall be removed by cutting the reinforcement grid with a utility knife or other similar tool.
Construction and emergency vehicles will be allowed to run on the reinforcement grid after rolling. However, any damaged or de-bonded sections of the grid resulting from these vehicles, as determined by the Engineer, shall be immediately replaced with new grid sections, taking care to place the adhesive backing down and to overlap the grid already in place. As before, replacement sections shall be rolled in accordance with manufacturer’s recommendations. Grid shall be rolled until the adhesive is activated and the replacement grid section is bonded to the truing and leveling course. Any dirt, dust or other contaminants deposited on the grid-covered truing and leveling course by the construction equipment, maintenance vehicles, or emergency vehicles shall be removed by mechanical sweeping or vacuuming the surface.
No additional payment will be made to replace sections of grids damaged by construction equipment, maintenance vehicles, or emergency traffic. No payment will be made to sweep or vacuum the surface, or to remove contaminates deposited by such traffic.
Protect the asphalt reinforcing grid until placement of the finished asphalt topping. Repair damaged sections prior to placement of finished asphalt topping.
Asphalt Placement
Place the asphaltic overlay course the same day the HMA reinforcing grid is placed.
Overlay course shall be a minimum compacted thickness of 40 mm (1-1/2”) In order to activate the tack film, the surface temperature must be 21°C (70°F) and the asphalt mix being placed over the HMA reinforcing grid must be placed at a minimum temperature of 140°C (285°F).
When a tack coat is specified, the approved tack coat should be used beneath the HMA reinforcing grid system.
FIELD QUALITY CONTROL
Testing and Inspection shall be provided by an independent laboratory provided by the Contractor and acceptable to the Engineer.
Perform adhesion tests in accordance with the following:
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Place a 1 m² (1 sq. yd.) of HMA reinforcing grid on a properly prepared leveling course.
Activate self-adhesive glue by rolling with a rubber-tired roller or by applying adequate pressure to fully activate the pressure-sensitive adhesive.
Use a calibrated spring balance by inserting the hook of the balance under the center of the grid and pulling upward until the grid starts to pull away from the surface.
A 9 kg (20 pound) pull is required without pulling the grid free or creating ripples in the grid.
Consult grid manufacturer if grid does not meet this pull rating and do not place asphalt topping until an acceptable adhesion is achieved.
Frequency of Tests:
Adhesion Test: Provide a minimum of one test per 300 m² (3,000 sq. ft.) of surface area.
MANUFACTURER’S FIELD SERVICES
A manufacturer’s representative shall be present on site for the initial start of the installation of the HMA reinforcing grid
PROTECTION
Protect installed product until completion of project.
Repair or replace damaged products before Substantial Completion. **END OF SECTION 03250**
03275 BASE FAILURE REPAIR
Base failure areas are not shown on the plans and will be marked in the field by the Engineer.
Coordinate your work with the Engineer to allow them to walk the project locations after cold planing activities have occurred.
Remove existing asphalt concrete and PCC pavement and underlying base rock to the depth and dimensions shown on the plans and replace with HMA. The Engineer determines the exact limits of base failure repair. The minimum width of roadway section to be removed shall not be less than 4 feet unless otherwise noted on the plans.
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HMA for pavement failure repair must be Type A.
Asphalt binder for the HMA must be PG 64-10. The minimum asphalt binder content must be 5.0 percent. If you request and if authorized, you may reduce the minimum asphalt binder content.
The aggregate for the HMA must comply with the 3/4-inch HMA Types A and B grading.
Place base failure repair under the Method construction process (Caltrans Standard Specifications).
Remove existing roadway section by grinding with a milling machine capable of cutting to a neat line or by sawcutting. Do not damage any pavement that is to remain in place.
Minimize the disturbance of materials to be left in place during removal or roadway sections.
Remove failed pavement and base rock to the required depth, then grade, water, and thoroughly compact the material remaining in place to a minimum of 95% relative compaction.
Dispose of removed material.
Apply tack coat to the bottom base rock and all vertical surfaces of the existing roadway section within the base failure repair area. Follow the Tack Application Rates table using "Planed PCC and HMA (AC) surfaces" from Caltrans Standard Specifications.
The surface must be:
1.Textured uniformly
2.Compacted firmly
3.Without depressions, humps, and irregularities
If the base is excavated beyond the specified plane, replace it with HMA. The City does not pay for this HMA. Damage to pavement which is to remain in place shall be repaired to a condition satisfactory to the Engineer, or the damaged pavement shall be removed and replaced with new HMA if ordered by the Engineer. Repairing or removing and replacing pavement damaged outside the limits of pavement to be reconstructed shall be at the Contractor's expense.
Perform base failure repair as shown on the plans. Repair work should confirm to the cold planned surface, so that entire roadway receives final lift of pavement. **END OF SECTION 03275**
03400 UTILTIY ADJUSTMENTS AND COORDINATION
The Contractor is responsible for the protection and adjustment of all utilities within the project limits. Coordinate with private utilities to facilitate the adjustment of their facilities.
Coordinate with the Engineer prior to adjusting any City-owned utilities.
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CITY OWNED UTILITIES
The Contractor is responsible for adjustment of all City-owned utilities, including:
Water
Sewer
Storm Drain
Monuments
Coordinate with the Engineer to invite the appropriate City utility representatives to the Pre-Construction Meeting. Coordinate all utility work prior to starting work with utility owner. Do not perform work on any utility without receiving advance approval from owner. Furnish standard details to owner for confirmation of approach.
All work on City-owned facilities must comply with the City of Hollister Standard Plans.
**END OF SECTION 03400**
03500 SLURRY SEAL
At least 7 working days before slurry seal placement commences, the Contractor shall submit to the Engineer for approval a laboratory report of tests and proposed mix design covering the specific materials to be used on the project. The percentage of asphaltic emulsion proposed in the mix design shall be within the percentage range specified in Section 2.02 of these Technical Specifications. The tests and mix design shall be performed by a laboratory deemed by the Engineer capable of performing the applicable American Society for Testing and Materials (ASTM), Caltrans and International Slurry Seal Association (ISSA) tests. The proposed slurry seal mixture shall conform to the requirements specified when tested in accordance with the following tests.
The Contractor shall calibrate the spreader vehicle(s) to be used on the project to the approved mix design prior to their arrival at the job site, and shall furnish the Engineer a copy of the calibration settings for each vehicle. Thereafter, no adj ustments in the aggregate and emulsion settings shall be made without the approval of the Engineer.
The Contractor shall demonstrate the ability to mix and apply slurry in a satisfactory manner and to the approved mix design with each spreader vehicle. The Contractor may not begin work until the ability to apply slurry as specified is demonstrated to the Engineer.
Power sweepers shall be required to sweep from face of curb to face of curb. This shall involve a minimum of three passes with a power broom street sweeper (Mobile or equivalent). Pavement missed by or inaccessible to broom sweepers shall be swept clean by other approved methods. Contractor shall provide whatever flushing, compressed air, or other cleaning methods necessary to remove all dirt and loose material from the pavement.
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disposed of by the contractor. Said removal shall not occur sooner than two (2) days prior to the day that the sealing is performed.
The slurry seal mixture shall not be applied prior to 8:00 A.M. Also, the slurry seal mixture shall not be applied after 3:00 P.M. unless approved by the Engineer. Approval of applications after 3:00 P.M. will only be for the purpose of completing the section of work then underway. Beginning a new section of work after 3:00 P.M. will not be permitted.
Slurry seal shall be applied in such a manner that the joint between the new and existing surface is neat and uniform in appearance true to the line shown on the typical cross section and established by the Engineer. Roofing paper or a comparable substitute shall be used at all ends of slurry seal limits to provide for a clean, neat, and straight definition of the end of the slurry.
Immediately preceding the seal application, the Contractor shall cover all grates, slotted manholes, and other appurtenances on and adjacent to the pavement that would allow the entry of the sealing materials; mask with roofing paper, all closed manhole covers, water and gas valve box covers, monuments, monument boxes, etc.; and remove all existing raised pavement markers, paint and thermoplastic pavement markings.
Drainage inlets shall be uncovered and cleaned to the satisfaction of the Engineer as soon as the seal sets. The other surface utilities shall be uncovered and cleaned the following day after completion of the slurry seal at each location. If they are not uncovered within this time frame, no additional seal shall be placed until they are uncovered.
A sand blotter shall be spread at selected intersections and where required by the Engineer, to accommodate pedestrian or vehicular traffic until slurry sets. Sand blotter shall be placed by broadcasting slurry aggregate lightly so not to cause any displacement of wet slurry seal. Sand blotters at intersections shall be swept within 24 hours of placement or sooner if directed by the Engineer.