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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
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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
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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
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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
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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."
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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
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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,
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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
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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
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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.
It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such
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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
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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;
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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
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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
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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
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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
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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
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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
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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
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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 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."
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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 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
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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 Sect ion 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 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
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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.
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
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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 Cont ractor 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 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.
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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). 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.
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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.
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
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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
EXHIBIT 9
Special Provisions
and/or
Technical Specifications
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DIVISION I - SPECIAL PROVISIONS
01010 PROJECT DESCRIPTION
Installation of a roundabout and associated improvements. 01011 SUMMARY OF WORK
The work to be performed includes, but is not necessarily limited to the removal of the existing signal equipment, installation of a roundabout, curb, gutter, sidewalks, raised medians, signing and striping, street lighting, sanitary sewer upgrades, and storm drain improvements. 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 Streets Department
2.City of Hollister Utilities Department
3.PG&E
4.Spectrum Communications
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 of Hollister
City of Hollister
City:
Owner:
Engineer or
Design Consultant:
Contractor:
Construction Manager:
Kimley-Horn and Associates, Inc.
The individual, partnership, corporation, joint venture, or other legal entity having a contract with the City to perform the work.
N/A
01015 WORK INVOLVING EXISTING SYSTEM
Operation of the existing water system and existing sanitary sewer 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.
This project is subject to a Community Workforce Agreement/Project Labor Agreement. A copy of this agreement titled “Community Workforce Agreement for the City of Hollister” is available at the following website https://www.bidnetdirect.com/california/cityofhollister .
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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.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.
B.Within ten (10) working days, 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.
C.The City will issue the Notice to Proceed no later than twenty-eight (28) calendar days from the award of contract. The counting of working days will commence with the Notice to Proceed.
D.Within one hundred (100) 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. Liquidated damages to be $4,800 per day.
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 l ocation 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 in the Contract Documents. 01021 SITE WORK
Principal control points, including establishment of temporary benchmark, 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, and grades is the responsibility of the Contractor. However, the City has the discretionary right to check the Contrac tor's stakes,
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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 w ith 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 FIAL PAYMENT
Attention is directed to Subsection 7-3.2 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 PRECONSTRUCTON 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, applications
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for payments and their processing, and such other subjects as may 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 Man ager, 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 REVIW
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 test 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 b e 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 wi ll 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
Crushed Aggregate Base City of Hollister Std Specs Section 200 Emulsion-Aggregate Slurry City of Hollister Std Specs Section 203 Asphalt Concrete City of Hollister Std Specs Section 203 Pipe City of Hollister Std Specs Section 207
Concrete City of Hollister Std Specs Section 303
Underground Conduit City of Hollister Std Specs Section 306 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 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.
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01321 SAMPLING
The Contractor shall furnish such samples of materials as are requested by the 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 re jection 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 workday and work hour restrictions stipulated in the City Standard Specifications and Special Provisions contained herein. 01402 TEMPORARY LIGTING
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 all work areas as may be required
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to protect the Work from damage caused by freezing, high temperatures, an d 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 for 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 OFEXISTING 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. 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
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ancillary facilities, shall be provided in readily accessible locations. 01419 DUST CONTROL
Adequate steps, procedures, or means as are required to prevent abnormal dust conditions being caused by his 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 Property 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. 01502 CONTRACTOR'S CONTINUING OBLIGATION
Contractor’s obligation to perform and complete the W ork 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
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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.
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 constru ction (as-built drawings).
These documents shall be delivered to the City upon completion of the Work prior to the release of City of Hollister Dept. Contact Person Phone/Email
Public Works William Via (831) 636-4370
Operation & Maintenance Division Derrick Speights (831) 636-4370 Engineering Division Cristian Builes (831) 636-4340
AT&T Charlene Crawford [email protected]
Sunnyslope Water District Drew Lander (831) 637-4670
Charter/Spectrum Mitchell Rodriquez [email protected] PG&E Lori Rusca (831) 648-3249
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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
02100 MOBILIZATION/DEMBOBILIZATION
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 Project at a 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, perso nnel, 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: Payment for this item is included in the various bid items and will not be considered for separate or additional payment.
**END OF SECTION 02110**
02120 SURVEYING AND CONSTRUCTION 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.
Monuments within the project limits shall be preserved according to Section 400-2 of the Standard Specifications, and restored after construction is completed, including protecting monuments, re-establishing monuments, and filing corner records, as required.
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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 submitte d 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.
The traffic control plans shall include locations of Construction Area Signs required on this project.
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 subsection 7-10 of the standard specifications or as directed by the engineer.
The contractor shall be responsible for preserving original loca tions and dimensions of all existing striping obliterated by the work. The contractor shall be responsible for 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
TS-3
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.
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.
TS-4
**END OF SECTION 02370**
02400 STORM WATER POLLUTION PREVENTION PLAN
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.
Contractor shall prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (State Water Resources Control Board [SWRCB] Order 2009-0009-DWQ) and amendments thereto. SWPPP shall be prepared by a certified Qualified SWPPP Developer (QSD), including a Construction Site Monitoring Program, and submitted to the Engineer for review and approval. The Contractor shall obtain a valid permit, including online application and payment of all permit fees, from the SWRCB prior to the commencement of any construction activities.
B.Implementation: It shall be the Contractor's responsibility to monitor and maintain all SWPPP measures on a daily or more frequent basis, including non-workdays and especially during rain events. 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: Preparation of the Storm Water Pollution Prevention Plan (SWPPP) and implementation of the SWPPP will not be measured for payment and will be paid as lump sums.
D.Payment: Payment for the work under this section is as specified in the “Items of Construction” section of these Special Provisions.
TS-5
** END OF SECTION 02400 **
02500 SPECIES SENSITIVITY TRAINING
A. Description: The Contractor and Subcontractors will attend species sensitivity training. The program will be designed to educate construction personnel about the mitigation measures required for the execution of the Project. All construction personnel will attend the sensitivity training that will provide instruction on the western pond turtle, California red legged frog, and San Joaquin whipsnake. Instruction will include identification, status, and detailed protocol of the actions that should be taken in the event that the covered specifies are encountered onsite during construction activities.
C. Measurement: Species sensitivity training will not be measured for payment and will be paid as a lump sum.
D. Payment: Payment for the work under this section is as specified in the “Items of Construction” section of these Special Provisions.
** END OF SECTION 02500 **
02600 SPECIES EXCLUSIONARY FENCING
A. Description: The Contractor will provide all labor, materials, and equipment to provide species exclusionary fencing as required in the Mitigation, Monitoring, and Reporting Plan (MMRP) included in these Special Provisions, including maintenance and repair of species exclusionary fencing.
B. Implementation: Species exclusionary fencing shall be high-visibility material and include signs indicating that human activity is prohibited within the area. Fencing materials and installation shall comply with Caltrans Standard Plan T65 (for temporary linear sediment barrier used with temporary high-visibility fence) and Caltrans Standard Specifications.
The Contractor shall comply with all requirements in the MMRP regarding species exclusionary fencing. Further, it is the Contractor's responsibility to field verify the location of all species exclusionary fencing with the City and qualified biologist prior to installation . Nothing in the Plans and Specifications shall relieve the Contractor of these responsibilities.
C. Measurement: Measurement for the work under this section is as specified in the “Items of Construction” section of these Special Provisions.
D. Payment: Payment for the work under this section is as specified in the “Items of Construction” section of these Special Provisions.
** END OF SECTION 02600 **
02700 SPECIES BUFFER FENCING
A. Description: The Contractor will provide all labor, materials, and equipment to provide species buffer fencing as required in the Mitigation, Monitoring, and Reporting Plan (MMRP) included in these Special Provisions, including maintenance and repair of species buffer fencing.
TS-6
B. Implementation: Species buffer fencing shall be high-visibility material and include signs indicating that human activity is prohibited within the area. Fencing materials and installation shall comply with Caltrans Standard Plan T65 (for temporary high-visibility fence) and Caltrans Standard Specifications.
The Contractor shall comply with all requirements in the MMRP regarding species buffer fencing. Further, it is the Contractor's responsibility to field verify the location of all species buffer fencing with the City and qualified biologist prior to installation. Nothing in the Plans and Specifications shall relieve the Contractor of these responsibilities.
C. Measurement: Measurement for the work under this section is as specified in the “Items of Construction” section of these Special Provisions.
D. Payment: Payment for the work under this section is as specified in the “Items of Construction” section of these Special Provisions.
** END OF SECTION 02700 **
03200 ASPHALT CONCRETE
Furnish and install asphalt concrete with a maximum aggregate size of ½” for the surface course.
Leveling courses, as required, may be ¾” aggregate size. Asphalt binder shall be Performance Grade PG64-10. Comply with the City Specifications for all material requirements.
**END OF SECTION 03200**
03250 TRAFFIC STRIPES AND PAVEMENT MARKINGS
Furnish and install traffic stripes and pavement markings in accordance with Caltrans Standard Plans and Caltrans Standard Specification Section 84-2, “Traffic Stripes and Pavement Markings”.
**END OF SECTION 03250**
03300 PORTLAND CEMENT CONCRETE
Colored concrete shall be Method B (Integral Color) and follow the provisions set forth in Section 303-7 of the Standard Specifications.
**END OF SECTION 03300**
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.
TS-7
CITY-OWNED UTILITIES
The Contractor is responsible for adjustment of all City -owned utilities, including:
Sewer
Storm Drain
Water
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**
APPENDIX A
PAVEMENT EXPLORATION AND
RECOMMENDATIONS
PREPARED BY ENGEO DATED
JANUARY 16, 2023
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/MARINE GEOTECHNICS
6399 San Ignacio Avenue, Suite 150 San Jose, CA 95119 (408) 574-4900 Fax (888) 279-2698 www.engeo.com
Project No.
January 16, 2023 19992.000.001
Mr. Daniel Carley
Kimley-Horn and Associates
4637 Chabot Drive, Suite 300
Pleasanton, CA 94588
Subject: West Gateway
Hollister, California
PAVEMENT EXPLORATION AND RECOMMENDATIONS
Dear Mr. Carley:
As requested, we performed a pavement exploration for the proposed roundabout improvements for an approximately ½-mile segment of San Juan Hollister Road in Hollister, California. This letter includes our findings from the exploration, as well as our pavement section recommendations.
PROJECT DESCRIPTION
We understand that the project includes construction of a new roundabout and associated roadway improvements along San Juan Hollister Road. The site is located approximately 660 feet east of the intersection of Graf Road and extends west to San Juan Hollister Road’s bridge over the San Benito River, as shown in Figures 1 and 2. We anticipate the roundabout to be located at the intersection of Graf Road and San Juan Hollister Road. In addition, we understand the project may include bioretention systems, located either on the west or south of the future roundabout.
FIELD EXPLORATION
Our field exploration included drilling four borings and performing two percolation tests at various locations on the site for the construction of the roundabout. We performed our field exploration on April 12, 2022.
The location of our explorations are shown in the attached Site Plan (Figure 2) and are approximate and estimated by pacing from local features. They should be considered accurate only to the degree implied by the method used.
Borings
We retained a truck-mounted drill rig and crew to advance the borings using 6-inch-diameter solid-flight auger methods. An ENGEO representative observed the drilling and logged the subsurface conditions at each location. The borings were located within existing driving lanes of San Juan Hollister Road and Graf Road. The borings were advanced to approximately 1½ feet below existing subgrade.
We measured the existing pavement component thicknesses, observed the subgrade soil conditions, and collected subgrade samples at each location. The borings were backfilled with soil cuttings and capped off with asphalt cold patch. We submitted the subgrade samples to our laboratory for resistance value testing (R-Value, CTM-301) and plasticity index testing (ASTM D4318). We present the laboratory test results in Appendix A.
Kimley-Horn and Associates 19992.000.001
West Gateway January 16, 2023
PAVEMENT EXPLORATION AND RECOMMENDATIONS Page 2
Percolation Tests
We performed two percolation tests (1-P1 and 1-P2) at approximately 1½ feet below ground surface. The test locations were chosen based on the anticipated location of the bioretention systems provided by you and as shown in Figure 2. Percolation test 1-P1 was performed on an unpaved portion northwest of the intersection of Graf Road and San Juan Hollister Road.
Percolation test 1-P2 was performed along the south side of San Juan Hollister Road on an unpaved portion of the road frontage.
In preparation for the percolation test holes, a 2-inch-diameter perforated PVC pipe was placed in the test holes. The holes were pre-soaked for one hour prior to testing.
We performed the percolation tests by measuring the time until a relatively stable percolation rate was achieved. Municipal drinking water was used for the percolation testing. It is our opinion that the percolation rate of drinking water should be similar to stormwater. The results of the percolation tests are discussed below.
The borings were backfilled with soil cuttings and capped off with asphalt cold patch and the percolation test holes were loosely backfilled with the soil cuttings.
SUBSURFACE CONDITIONS
We provide the below table summarizing the pavement thicknesses measured at our boring locations.
TABLE 1: Existing Pavement and Subgrade Conditions
BORING
NAME LOCATION
ASPHALT
CONCRETE
(inches)
AGGREGATE
BASE
(inches)
SUBGRADE
CLASSIFICATION R-VALUE
1-B1 San Juan Hollister Road 8 10 Clayey gravel with
sand (GC) 45
1-B2 San Juan Hollister Road 8 10 Clayey sand with
gravel (SC) 26
1-B3 Graf Road 5 8 Lean clay (CL) 15
1-B4 San Juan Hollister Road 8½ 5½ Lean clay (CL) 16
It should be noted that the asphalt concrete and aggregate base thicknesses may vary over the length and width of each road.
Based on the R-Value results, we consider the following R-Values to be appropriate for pavement design.
•R-Value of 15 – Graf Road and San Juan Hollister Road east of Graf Road •R-Value of 25 – San Juan Hollister Road west of Graf Road
Kimley-Horn and Associates 19992.000.001
West Gateway January 16, 2023
PAVEMENT EXPLORATION AND RECOMMENDATIONS Page 3
Percolation Test Results
The following percolation rates are based on a falling head percolation test where measurements are recorded for the time it took the water level to drop from a depth of approximately 12 inches from the bottom of the hole to a depth of approximately 6 inches from the bottom of the hole.
Infiltration in the lateral and vertical directions is inherent in the percolate rates provided in Table 2 below.
Based on our measured field test results, we converted the uncorrected field percolation rates to infiltration rates using Porchet’s Method (Inverse Borehole Method) as summarized in the table below. It should be noted that the radius used in our calculations equates to the radius of the borehole (approximately 4 inches).
TABLE 2: Percolation Rates and Converted Infiltration Rates TEST
LOCATION
HOLE
DIAMETER
(inches)
RAW FIELD
PERCOLATION RATE
(inches/hour)
CONVERTED
PORCHET DESIGN
INFILTRATION RATE
(inches/hour)
SOIL TYPE
1-P1 4 6.24 1.94 Clayey Sand (SC)
1-P2 4 6.72 2.13 Silt with sand (ML)
The design engineer should consider appropriate conversion factors or factors of safety for the design of retention basins.
RECOMMENDATIONS
Flexible Pavement Design
Using traffic indexes provided by you, we developed the following recommended pavement sections using Topic 633 of the Caltrans Highway Design Manual (including the asphalt factor of safety), presented in Table 3 below.
TABLE 3: Recommended Asphalt Concrete Pavement Sections
TRAFFIC
INDEX
GRAF ROAD AND SAN JUAN HOLLISTER
ROAD EAST OF GRAF ROAD
R-Value = 15
SAN JUAN HOLLISTER ROAD WEST
OF GRAF ROAD
R-Value = 25
ASPHALT
CONCRETE
(inches)
CLASS 2
AGGREGATE
BASE
(inches)
FULL
DEPTH
ASPHALT
CONCRETE
(inches)
ASPHALT
CONCRETE
(inches)
CLASS 2
AGGREGATE
BASE
(inches)
FULL
DEPTH
ASPHALT
CONCRETE
(inches)
5 3 8 7 3 7 6.5
7.5 4.5 14 12.5 4.5 12 11.5
8 5 15 14 5 12 12.5
8.5 5 16.5 15 5 13.5 13.5
9 5.5 17.5 16.5 5.5 14.5 14.5
10 6.5 20 18 6.5 16 17
11 7 22 22 7 18 19.5
The civil engineer should determine the appropriate traffic indexes based on the estimated traffic loads and frequencies.
Kimley-Horn and Associates 19992.000.001
West Gateway January 16, 2023
PAVEMENT EXPLORATION AND RECOMMENDATIONS Page 4
Demolition and Grading
For portions of the existing street to be removed and replaced, site demolition should commence with the removal of the existing street section (asphalt and aggregate base) to existing subgrade soil elevation. The improvement areas should be cleared of all surface and subsurface deleterious materials including debris, organics, and other materials.
The improvement areas should be positively graded at all times to provide for rapid removal of surface water and to prevent ponding of water at any time during or after construction. Ponded water may cause undesirable soil swell and loss of strength.
The contractor should anticipate encountering excessively over-optimum (wet) soil moisture conditions during winter or spring grading, or during or following periods of rain. Wet soil can make proper compaction difficult or impossible. Wet soil conditions can be mitigated by:
1.Frequent spreading and mixing during warm dry weather.
2.Mixing with drier materials.
3.Mixing with a lime, lime-fly ash, or cement product.
4.Stabilizing with aggregate, geotextile stabilization fabric, or both.
Options 3 and 4 should be evaluated and approved by ENGEO prior to implementation.
Any soft or loose soil materials should be removed and recompacted. Depending on the depth of removal and the time of year that construction takes place, it may become necessary to perform subgrade stabilization to mitigate such conditions. Excavations that bottom in soft soil may require overexcavation of 12 to 18 inches, then placement of a stabilization geotextile (such as Mirafi 500X) and backfill with 12 to 18 inches of compacted aggregate base. Other approaches may also be acceptable and we should be consulted if alternative approaches are desired.
All excavations from demolition should be cleaned to a firm competent soil surface determined by the geotechnical engineer. This surface should then be scarified, moisture conditioned, and backfilled with compacted engineered fill. The requirements for backfill materials and placement operations are the same as for engineered fill. No loose or uncontrolled backfilling of depressions resulting from demolition is permissible.
The subgrade soil conditions encountered at the boring locations are suitable as general fill material for placement below the pavement section if the provided pavement sections presented in Table 3 are suitable. The material should be processed to remove concentrations of organic material, debris, and particles greater than 3 inches in maximum dimension.
Once a suitable firm base is achieved, the exposed non-yielding native surface should be scarified to a depth of 10 to 12 inches, moisture conditioned, and recompacted to provide adequate bonding with the initial lift of fill. All fills should be placed in thin lifts, with the lift thickness not to exceed 10 inches or the depth of penetration of the compaction equipment used, whichever is less.
Kimley-Horn and Associates 19992.000.001
West Gateway January 16, 2023
PAVEMENT EXPLORATION AND RECOMMENDATIONS Page 5
The following compaction control requirements should be applied to on-site materials placed as general engineered fill.
•Test Procedures:ASTM D-1557
•Required Moisture Content:Not less than 2 percentage points above optimum moisture content
•Required Relative Compaction: Not less than 95 percent Relative compaction refers to the in-place dry density of soil expressed as a percentage of the maximum dry density of the same material. Additional compaction recommendations may be developed during construction.
Pavement Construction
Pavement materials and construction should conform to the specifications and requirements of the Standard Specifications by the Division of Highways, Department of Public Works, State of California, city/county requirements if applicable, and the following minimum requirements. •All pavement subgrades should be scarified to a depth of 10 to 12 inches below finished subgrade elevation. Soil subgrade should be moisture conditioned and compacted according to the compaction control requirements provided above. Additional compaction recommendations may be provided based on soil conditions encountered. •Subgrade soil should be in a stable, non-pumping condition at the time aggregate base materials are placed and compacted.
•Aggregate base materials should be compacted to at least 95 percent of maximum dry density at a moisture content of at least optimum.
•Proof-rolling of the compacted subgrade and aggregate base with a heavy wheel-loaded piece of construction equipment should be implemented. Yielding materials should be appropriately mitigated, with suitable mitigation measures developed in coordination with the city/client, contractor and geotechnical engineer.
•Adequate provisions must be made such that the subgrade soil and aggregate base materials are not allowed to become saturated.
•Asphalt paving materials should meet current Caltrans specifications for asphalt concrete and should be compacted to at least 95 percent of maximum wet density (Caltrans Methods) unless otherwise noted by another authority.
The relative compaction and optimum moisture content of soil, rock, and aggregate base referred to in this report are based on the most recent ASTM D1557 test method. In addition, the term “moisture condition” refers to adjusting the moisture content of the soil by either drying if too wet or adding moisture if too dry.
Kimley-Horn and Associates 19992.000.001
West Gateway January 16, 2023
PAVEMENT EXPLORATION AND RECOMMENDATIONS Page 6
Stormwater Bioretention Areas
If bioretention areas are implemented, we recommend that, when practical, they be planned a minimum of 5 feet away from structural site improvements, such as buildings, streets, retaining walls, and sidewalks/driveways. When this is not practical, bioretention areas located within 5 feet of structural site improvements can either:
1.Be constructed with structural side walls capable of withstanding the loads from the adjacent improvements, or
2.Incorporate filter material compacted to between 85 and 90 percent relative compaction (ASTM D1557, latest edition) and a waterproofing system designed to reduce the potential for moisture transmission into the subgrade soil beneath the adjacent improvement.
In addition, one of the following options should be followed.
1.We recommend that bioretention design incorporate a waterproofing system lining the bioswale excavation and a subdrain, or other storm drain system, to collect and convey water to an approved outlet. The waterproofing system should cover the bioretention area excavation in such a manner as to reduce the potential for moisture transmission beneath the adjacent improvements.
2.Alternatively, and with some risk of movement of adjacent improvements, if infiltration is desired, we recommend the perimeter of the bioretention areas be lined with an HDPE tree root barrier that extends at least 1 foot below the bottom of the bioretention areas/infiltration trenches.
Site improvements located adjacent to bioretention areas that are underlain by base rock, sand, or other imported granular materials, should be designed with a deepened edge that extends to the bottom of the imported material underlying the improvement.
In addition, although not recommended, if trees are to be planted within bioretention areas, HDPE Tree Boxes that extend below the bottom of the bioretention system should be installed to reduce potential impact to subdrain systems that may be part of the bioretention area design. For this condition, the waterproofing system should be connected to the HPDE Tree Box with a waterproof seal.
Given the nature of bioretention systems and possible proximity to improvements, we recommend ENGEO be retained to review design plans and provide testing and observation services during the installation of linings, compaction of the filter material, and connection of designed drains.
It should be noted that the contractor is responsible for conducting all excavation and shoring in a manner that does not cause damage to adjacent improvements during construction and future maintenance of the bioretention areas. As with any excavation adjacent to improvements, the contractor should reduce the exposure time such that the improvements are not detrimentally impacted.
Kimley-Horn and Associates 19992.000.001
West Gateway January 16, 2023
PAVEMENT EXPLORATION AND RECOMMENDATIONS Page 7
LIMITATIONS AND UNIFORMITY OF CONDITIONS
This letter presents a summary of our findings and geotechnical recommendations of the improvements as described above. If changes occur in the nature or design of the project, we should be allowed to review this report and provide additional recommendations, if any.
We strived to perform our professional services in accordance with generally accepted principles and practices currently employed in the area; there is no warranty, express or implied.
CLOSING
If you have any questions or comments regarding this letter, please call and we will be glad to discuss them with you.
Sincerely,
ENGEO Incorporated
Aryan Noroozi Jeanine Ruffoni, PE, GE
an/jr/rhb/ar
Attachments: Figures 1 through 2
Appendix A – Laboratory Test Results
19992.000.001
January 16, 2023
FIGURES
Figure 1 – Vicinity Map
Figure 2 – Site Plan
0 FEET
2000
NN
Expect Excellence
SITE
VICINITY MAP
WEST GATEWAY
HOLLISTER, CALIFORNIA
19992.000.001
AS SHOWN 1
BUENA VISTA ROAD
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1-B3
1-B41-B2
1-B1
1-P1
1-P2
0 FEET
300
NN
Expect Excellence
SITE
SITE PLAN
WEST GATEWAY
HOLLISTER, CALIFORNIA
19992.000.001
AS SHOWN 2
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BORING (ENGEO, 2022)
PERCOLATION TEST (ENGEO, 2022)
EXPLANATION
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19992.000.001
January 16, 2023
APPENDIX A
Laboratory Test Results
[email protected]
[email protected]
LIQUID AND PLASTIC LIMITS TEST REPORT
ASTM D4318
[email protected]
SAMPLE ID TEST METHOD REMARKS
2213 Plaza Drive | Rocklin, CA 95765 | T: (916) 786-8883 | F: (888) 279-2698 | www.engeo.com [email protected]
PROJECT LOCATION:
PROJECT NO:
PROJECT NAME:
CLIENT:
REPORT DATE:
R. Montalvo
M. Gilbert
TESTED BY:
REVIEWED BY:
West Gateway
[email protected] See exploration logs 43 201.5
[email protected] See exploration logs 41 181.5
[email protected] See exploration logs 28 161.5
[email protected] See exploration logs 33 171.5
SAMPLE ID MATERIAL DESCRIPTION LL PL PIDEPTH (ft)
12 16
23 23
Kimley-Horn and Associates, Inc.
19992.000.001 PH001
Hollister, CA
4/26/2022
PI: ASTM D4318, Wet Method
PI: ASTM D4318, Wet Method
PI: ASTM D4318, Wet Method
PI: ASTM D4318, Wet Method
0 10
20 30
40 50
60 70
80 0 102030405060708090100110120130140
PL
A
S
T
I
C
I
T
Y
I
N
D
E
X
LIQUID LIMIT
MH or OH
CH or OH
CL-ML ML or OL
CL or OL
Dashed Line indicates the approximate
upper limit boundary for natural soils
SAMPLE ID
See exploration logs 1-B1 at 1.5 feet, subgrade
SAMPLE LOCATIONMATERIAL DESCRIPTION
R-VALUE TEST REPORT
CTM 301
2213 Plaza Drive | Rocklin, CA 95765 | T: (916) 786-8883 | F: (888) 279-2698 | www.engeo.com TESTED BY:
REVIEWED BY:
19992.000.001 PH001
West Gateway
Hollister, CA
4/28/2022
R. Montalvo
M. Gilbert
PROJECT LOCATION:
PROJECT NO:
R-VALUE 45 37 18
10.99.68.4MOISTURE CONTENT (%)
REPORT DATE:
PROJECT NAME:
CLIENT:Kimley - Horn and Associates, Inc.
DRY DENSITY (pcf)
0 134.2 130.6 128.1
45 TEST RESULTR-VALUE AT EXUDATION PRESSURE OF 300 psi
EXPANSION PRESSURE (psf) AT EXUDATION PRESSURE OF 300 psi 00 SPECIMENS 1 2 3
EXUDATION PRESSURE (psi) 316 204 102
0 EXPANSION PRESSURE (psf)
R-VALUE
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
0100200300400500600700800900
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p
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EXUDATION PRESSURE (psi)
00 SPECIMENS 1 2 3
EXUDATION PRESSURE (psi)447 256 154
9 EXPANSION PRESSURE (psf)
REPORT DATE:
PROJECT NAME:
CLIENT:Kimley - Horn and Associates, Inc.
DRY DENSITY (pcf)
1 133.4 127.8 124.5
26 TEST RESULTR-VALUE AT EXUDATION PRESSURE OF 300 psi
EXPANSION PRESSURE (psf) AT EXUDATION PRESSURE OF 300 psi R-VALUE 66 18 9
11.810.58.3MOISTURE CONTENT (%)
R-VALUE TEST REPORT
CTM 301
2213 Plaza Drive | Rocklin, CA 95765 | T: (916) 786-8883 | F: (888) 279-2698 | www.engeo.com TESTED BY:
REVIEWED BY:
19992.000.001 PH001
West Gateway
Hollister, CA
4/28/2022
R. Montalvo
M. Gilbert
PROJECT LOCATION:
PROJECT NO:
[email protected]
SAMPLE ID
See exploration logs 1-B2 at 1.5 feet, subgrade
SAMPLE LOCATIONMATERIAL DESCRIPTION
R-VALUE
EXPANSION
PRESSURE
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
0100200300400500600700800900
EX
P
A
N
S
I
O
N
P
R
E
S
S
U
R
E
(
p
s
f
)
R-
V
A
L
U
E
EXUDATION PRESSURE (psi)
22 0
SPECIMENS 1 2 3
EXUDATION PRESSURE (psi)387 280 176
48 EXPANSION PRESSURE (psf)
REPORT DATE:
PROJECT NAME:
CLIENT:Kimley - Horn and Associates, Inc.
DRY DENSITY (pcf)
26 118.5 116.3 112.1
15 TEST RESULTR-VALUE AT EXUDATION PRESSURE OF 300 psi
EXPANSION PRESSURE (psf) AT EXUDATION PRESSURE OF 300 psi R-VALUE 20 13 9
17.115.714.4MOISTURE CONTENT (%)
R-VALUE TEST REPORT
CTM 301
2213 Plaza Drive | Rocklin, CA 95765 | T: (916) 786-8883 | F: (888) 279-2698 | www.engeo.com TESTED BY:
REVIEWED BY:
19992.000.001 PH001
West Gateway
Hollister, CA
4/28/2022
R. Montalvo
M. Gilbert
PROJECT LOCATION:
PROJECT NO:
1-B3@1
SAMPLE ID
See exploration logs 1-B3 at 1 feet, subgrade
SAMPLE LOCATIONMATERIAL DESCRIPTION
R-VALUE
EXPANSION
PRESSURE
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
0100200300400500600700800900
EX
P
A
N
S
I
O
N
P
R
E
S
S
U
R
E
(
p
s
f
)
R-
V
A
L
U
E
EXUDATION PRESSURE (psi)
SAMPLE ID
See exploration logs 1-B4 at 1.5 feet, subgrade
SAMPLE LOCATIONMATERIAL DESCRIPTION
R-VALUE TEST REPORT
CTM 301
2213 Plaza Drive | Rocklin, CA 95765 | T: (916) 786-8883 | F: (888) 279-2698 | www.engeo.com TESTED BY:
REVIEWED BY:
19992.000.001 PH001
West Gateway
Hollister, CA
4/28/2022
R. Montalvo
M. Gilbert
PROJECT LOCATION:
PROJECT NO:
R-VALUE 19 15 9
18.116.315.4MOISTURE CONTENT (%)
REPORT DATE:
PROJECT NAME:
CLIENT:Kimley - Horn and Associates, Inc.
DRY DENSITY (pcf)
1 115.6 113.4 111.3
16 TEST RESULTR-VALUE AT EXUDATION PRESSURE OF 300 psi
EXPANSION PRESSURE (psf) AT EXUDATION PRESSURE OF 300 psi 00 SPECIMENS 1 2 3
EXUDATION PRESSURE (psi)392 286 176
4 EXPANSION PRESSURE (psf)
R-VALUE
EXPANSION
PRESSURE
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
0100200300400500600700800900
EX
P
A
N
S
I
O
N
P
R
E
S
S
U
R
E
(
p
s
f
)
R-
V
A
L
U
E
EXUDATION PRESSURE (psi)
EXHIBIT 10
Bonds
(after contract is awarded, bonds will be inserted here)
EXHIBIT 11
Insurance
(after contract is awarded, insurance will be inserted here)
EXHIBIT 12
Bid Requirements (CDBG)
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: February 18, 2025
REPORT # Public Works-2025-06
AGENDA ITEM: A RESOLUTION APPROVING THE ANNEXATION OF 600 ERNIE DRIVE PROJECT INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 58 (PUBLIC FACILITIES SERVICES)
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Dillon Albert, Assistant Engineer
RECOMMENDED ACTION: Adopt a resolution approving the annexation of the 600 Ernie Drive Project into CFD No. 4.
DISCUSSION: In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Communities Facilities District with the unanimous approval of property owners in the impacted area. The change introduced an economical, streamlined, and creative solution to providing public improvement maintenance services for development projects. The 600 Ernie Drive Project will be included in Community Facility District No. 4 under this streamlined process and will be the 58th project to be annexed to CFD No. 4 since its creation in 2014.
The 600 Ernie Drive Project was approved by the City’s Planning Commission with a condition of approval that the developer consent to the inclusion of the project into the City’s CFD No. 4. The developer/owners have each executed a “Unanimous Approval” document agreeing to this action.
FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 4, and the special taxes collected by CFD No. 4 will pay for ongoing, future maintenance of the public facilities for the subdivision. Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different. The maximum Special Tax for Fiscal Year 2024-25 for all parcels of Developed Property in Tax Zone 1 shall be $1,890.60 per acre. On July 1, 2025, and each July 1 thereafter, the maximum special tax for Developed property shall be increased by the amount equal to the percentage change in the Consumer Price Index.
PREVIOUS COUNCIL OR COMMISSION ACTION:
1/13/2022 - Planning Commission approved Site & Architectural Review 2021-14 (PC Resolution 2022-2) and CUP 2021-13 (PC Resolution 2022-3).
CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
ATTACHMENTS:
1. Resolution 600 Ernie Drive Project CFD 4
2. 600 Ernie Drive CFD 4 Documents
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE 600 ERNIE DRIVE
PROJECT FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 4 ANNEXATION NO. 58 (PUBLIC
FACILITIES SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) (the “District”) pursuant to the California Government Code (the “Code”) sections 53328 and 53340; and
WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and
WHEREAS, the Council has provided for the annexation of future territory (the “Future Annexation Area”) to the District pursuant to the terms and provisions of the Act; and
WHEREAS, the City has received a consent and waiver from Scott Swenson of Prologis Inc., which constitutes a portion of the future annexation area, for annexation into the District.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby resolve as follows:
SECTION 1
The Council hereby determines to institute proceedings for the annexation of the 600 Ernie Drive Project into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the 600 Ernie Drive Project” to Community Facilities District No. 4 of the City of Hollister (Public Facilities Services) which map indicates by a boundary line the extent of the territory included in the Annexation Boundary and shall govern for all details as to the extent of this project.
SECTION 2
The map showing the 600 Ernie Drive Project, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.
Resolution No. 2024-XX
SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by the recordation of a continuing lien against all non-exempt real property in the proposed 600 Ernie Drive Project boundary. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the 600 Ernie Drive Project will not result in any change to the special tax rates levied in the District prior to such annexation.
SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the 600 Ernie Drive Project boundary.
SECTION 5
This resolution shall take effect from and after the date of its passage and adoption.
BE IT FURTHER RESOLVED, that the City Council does hereby approve the proposed boundary of the 600 Ernie Drive Project for the annexation of Territory into Community Facilities District No. 4, Annexation No. 58 (Public Facilities Services).
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 18, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
Resolution No. 2024-XX
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that th e attached Resolution No. 2025-XX 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 held on February 18, 2025 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 on February 18, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: February 18, 2025
REPORT # Airport-2024-18
AGENDA ITEM: A RESOLUTION APPROVING THE ACCEPTANCE AND
RECORDATION OF AN AVIGATION EASEMENT FOR DUKE REALTY HOLLISTER LP FOR THE ALMOND PROJECT (APN 050-010-010-0060) LOCATED AT 600
ERNIE DRIVE
DEPARTMENT: Airport
DEPARTMENT HEAD: Jeff Crechriou, Airport Director
STAFF CONTACT: Jeff Crechriou, Airport Director
RECOMMENDED ACTION:
1. Adopt a resolution approving the acceptance and recordation of an Avigation Easement for Duke Realty Hollister LP for the Almond Project (APN 050-010-010- 0060) located at 600 Ernie Drive; and
2. Authorize the Mayor to execute all necessary documents required to record the Avigation Easement.
DISCUSSION: Planning/development applications for projects located in the Hollister Municipal Airport Influence Area are subject to San Benito County Airport Land Use Commission (ALUC) review to determine consistency with the 2012 Hollister Municipal Airport Land Use Compatibility Plan. The purpose of the Compatibility Plan is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards.
The Hollister Municipal Airport Influence Area is comprised of six (6) Safety Zones.
Safety Zones 1-5 are in close proximity to the airport runways, and projects in these zones require an avigation easement dedication which runs with the property. The purpose of an avigation easement is to:
● inform all future owners of the property of the potential for noise, vibration, fumes, fuel particles, electronic emissions, and other effects associated with the close proximity of the airport.
● prohibit electrical interference, misleading lighting, and visual impairments. ● deter the presence of avian species in the vicinity of the airport. ● provide for the continued operation of the airport.
At the regular meeting of April 21, 2022, the Council of San Benito County Governments Airport Land Use Commission approved an Avigation Easement dedication that applies to the airspace for the property associated with Duke Realty Hollister LP for the Almond Project (APN. 050-010-0060) located at 600 Ernie Drive for consideration of acceptance by the City of Hollister as the Airport Proprietor.
Recording of the Avigation Easement is a condition of approval for final occupancy for the project.
FISCAL IMPACT: There is a minimal fee to have this document reco rded by the San Benito County Recorder.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. Avigation Easement
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE ACCEPTANCE AND RECORDATION OF AN
AVIGATION EASEMENT FOR DUKE REALTY HOLLISTER LP FOR THE ALMOND PROJECT (APN 050-010-010-0060) LOCATED AT 600 ERNIE DRIVE.
WHEREAS, planning/development applications for projects located in the Hollister Municipal Airport Influence Area are subject to San Benito County Airport Land Use Commission (ALUC) review to determine consistency with the 2012 Hollister Municipal Airport Land Use Compatibility Plan; and
WHEREAS, the Hollister Municipal Airport Influence Area is comprised of six (6) Safety Zones. Safety Zones 1-5 are in close proximity to the airport runways, and projects in these zones require an avigation easement dedication which runs with the property; and
WHEREAS, at the regular meeting of April 21, 2022, the Council of San Benito County Governments Airport Land Use Commission approved an Avigation Easement dedication that applies to the airspace for the property as sociated with Duke Realty Hollister LP for the Almond Project (APN. 050-010-0060) located at 600 Ernie Drive for consideration of acceptance by the City of Hollister as the Airport Proprietor; and
WHEREAS, recordation of the Avigation Easement is a condition of approval for final occupancy for the project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby:
1. Approve the acceptance and recordation of an Avigation Easement for Duke Realty Hollister LP for the Almond Project (APN 050-010-010-0060) located at 600 Ernie Drive; and
2. Authorize the Mayor to execute all necessary documents required to record the Avigation Easement.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 18, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, Mayor
Resolution No. 2025-XX
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX 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 held on February 18, 2025, 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 on February 18, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF HOLLISTER
375 Fifth Street
Hollister, CA 95023
Attn: City Clerk
Space Above this Line is for Recorder's Use Only
Documentary Transfer Tax: $0.00. This is a conveyance of an easement and the consideration value is less than $100.00 R & T 11911
GRANT OF AVIGATION EASEMENT AGREEMENT
THIS GRANT OF AVIGATION EASEMENT AGREEMENT (the "Agreement") is made by and between DUKE REALTY HOLLISTER LP, a Delaware limited partnership (the "Grantor"), and the CITY OF HOLLISTER, a municipal corporation (the "Grantee" or the "City"). Grantor and Grantee are collectively referred to herein as the "Parties" and individually as a "Party."
WHEREAS, Grantor is the owner in fee of that certain parcel of land situated within the City, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, as incident to the conducting of airport operations by the City, properties situated in close proximity to the Hollister Municipal Airport (the "Airport"), which Airport property is described in Exhibit B, attached hereto and incorporated herein by reference (the "Airport Property"), may be subject to noise, the flight of low-flying aircraft within their airspace, and other effects associated with the operation of an airport; and
WHEREAS, the Property is situated within close proximity of the Airport Property; and
WHEREAS, Grantor desires to develop the Property for an industrial or commercial use; and
WHEREAS, as a condition of granting permission to develop the Property for the industrial or commercial use desired by Grantor, the Parties hereby agree as follows:
1. Avigation Easement. Grantor hereby grants, and Grantee hereby accepts a perpetual Avigation Easement and right-of-way, and certain rights appurtenant to said easement as set forth below, for the free and unobstructed aerial passage and flight of aircraft, of any and all kinds now known or hereinafter invented, used or designed for aerial navigation, in connection with the operation of the Airport. Said easement and right-of-way shall be for the public benefit and use.
Said easement and right-of-way (the "Easement Area") shall be in, over, above and across the airspace of the Property for normal aircraft operations as prescribed by the Federal Aviation Administration for aircraft approaching or departing the Airport Property. The Easement Area
applies to the Airspace above an imaginary plane over the real property. The plane is described as follows:
The imaginary plane above the hereinbefore described real property, as such plane is defined by Part 77 of the Federal Aviation Regulations, and consists of a plane as follows: a Transitional Surface which extends outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline; the elevation of said plane being based upon the Hollister Municipal Airport official runway end elevation of 229.6 feet Above Mean Sea Level (AMSL), as determined by Hollister Municipal Airport Layout Plan.
2. Airport Effects. Said easement and right-of-way shall include the right to cause, make and emit, in or about the airspace of the Property, such noise, light, vibrations, fumes, exhaust, smoke, air currents, dust, fuel particles, radio, television and other electromagnetic interferences, and all other effects, as may be inherent in the normal operation, use, taking off, landing and navigation of aircraft in connection with the present or future operation of the Airport (collectively, the "Effects").
3. Mitigation. Grantee shall have no duty to avoid or mitigate any of the Effects by, without limitation, setting aside or condemning buffer lands, rerouting air traffic, altering approach zones including, without limitation, altering elevation of approaching aircraft, erecting sound or other barriers, establishing curfews, noise or other regulations.
4. Release. Grantor hereby forever fully waives, surrenders, and releases any right, claim or cause of action that it may have now or in the future against Grantee, its successors, or assigns and hereby covenants not to sue, file a complaint, claim or action in or before any federal, state or local judicial or quasi-judicial court or tribunal or administrative board, panel, commission or body or seek any form of alternative dispute-resolution relief (including, but not limited to, arbitration) against Grantee for an invasion of its airspace in connection with this Agreement or for being subject to any of the Effects so long as the operation, use, taking off, landing and navigation of aircraft in connection with the present or future operation of the Airport remain within the Easement Area over the Property. Said release includes, but is not limited to, claims, whether known or unknown, for damages for physical or emotional injuries, discomfort, inconvenience, property damage, death, interference with use and enjoyment of property, diminution of property values, lost profits, nuisance, or inverse condemnation or for injunctive or other extraordinary or equitable relief. In the event that Grantor shall sell or subdivide any part of the Property, Grantor shall reference this Agreement in each grant deed or other deed of sale with respect to any part of the Property or subdivision and shall indicate therein that the transferee's interest in the property shall be subject to this Agreement.
5. Third Parties. This Agreement, including without limitation, Paragraph 4 above, shall not operate to deprive the Grantor, or its successors or assigns, of any rights that it may from time to time have against (a) any individual or entity for the negligent or unlawful operation of aircraft, or (b) any individual or entity other than Grantee for any other claims related to their operation, use, taking off, landing and navigation of aircraft in connection with the present or future operation over the Property, or the Effects.
6. Obstruction to Navigation. Grantor shall not at any time construct or permit the construction, enlargement or growth of any building, structure, tree or other object on the Property that (1) constitutes an obstruction or hazard to air navigation under Code of Federal Regulations Title 14 Chapter I Subchapter E Part 77 - Safe, Efficient Use, and Preservation of the Navigable Airspace; (2) obstructs or interferes with the use of the Easement Area and the easements and rights-of- way therein granted by this Agreement; (3) creates electrical interference with radio communication between any installation upon said Airport Property and aircraft; (4) diminishes the ability of pilots to distinguish between Airport Property lights and other lights; (5) impairs the general visibility in or around the vicinity of the Airport Property; or (6) otherwise endangers or impairs the landing, take-off or maneuvering of aircraft in or around the Airport Property.
7. Runs with Land. The easements and right-of-way granted herein are for the benefit of the Airport Property and such other property as shall be subsequently acquired from time to time by Grantee as constituting a part of the Airport. All of the provisions of this Agreement shall run with the land, which constitutes the Property and the Airport Property, and shall bind Grantor to the maximum extent now or hereafter permitted by law. It is the intent of the Parties hereto that this Agreement shall comply with and satisfy California Civil Code Section 1468. The Property shall be the servient tenement and the Airport Property shall be the dominant tenement.
8. Successors and Assigns. The term "Grantor" as used herein shall include Grantor and all of its lawful successors and assigns and all other entities or persons acquiring a fee interest in any part of the Property, for and during such period of ownership. The term "Grantee" shall include the City in its present form or in any later reorganized, consolidated, or enlarged form, and any political subdivision, agency or entity of the City, any entity under contract with the City with respect to the management of its Airport operations, and all of the City's officers, employees and officials (whether elected, appointed or otherwise).
9. Attorney's Fees. In the event of a dispute arising between the Parties hereunder, the prevailing Party shall be entitled to its reasonable attorney's fees and costs (including, without limitation, expert witness fees and costs set forth in Code of Civil Procedure sec. 1033.5).
10. Captions. The caption headings herein are strictly for the convenience of the Parties and are not intended to be used in the interpretation or construction of this Agreement.
11. Severability. It is the intent of the Parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of the Agreement so modified would frustrate the purposes of this Agreement.
12. Termination. This Agreement shall continue in full force and effect until such time as the Airport shall be abandoned and shall cease to be used for public airport purposes.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on this ______ day of 2025.
CITY OF HOLLISTER [Grantee]
A municipal corporation
Roxanne Stephens, Mayor
APPROVED AS TO FORM:
MARY LERNER
City Attorney
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
NOTARY ACKNOWLEDGEMENT
(California All-Purpose Acknowledgement)
STATE OF CALIFORNIA
COUNTY OF SAN BENITO
On _____________________, before me, _______________________________, Notary Public,
DATE NAME OF OFFICER
Personally appeared __,
NAME (S) OF SIGNER (S)
Who proved me on the basis of satisfactory evidence to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
(Place Notary Seal Above)
Grantor(s):
(Signature(s) must be in blue ink.)
DUKE REALTY HOLLISTER LP,
a Delaware limited partnership
By: Duke Realty Hollister LLC
a Delaware limited liability company
its general partner
By: Duke Realty Limited Partnership
an Indiana limited partnership
its sole member
By: Duke Realty LLC
a Delaware limited liability company
its general partner
By: Prologis, LP.
a Delaware limited partnership
its sole member
By: Prologis, Inc.
a Maryland corporation
its general partner
Name: Scott Swenson
Title: VP, Development
The above signature(s) of Grantor(s) must be notarized
[Insert appropriate notary acknowledgement based on where this will be executed]
EXHIBIT A
Legal Description of Property
PARCEL ONE:
LOT 16, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 359 CLEARIST PARK- PHASE 1",
WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA ON MARCH 24, 2022, IN BOOK 17 OF MAPS, AT PAGE 24.
PARCEL TWO:
BEING A PORTION OF LOTS I, P AND R AS SHOWN ON THE MAP OF THE RANCHO BOISE DE SAN FELIPE RECORDED MAY 25, 1880 IN VOLUME 1 OF MAPS, PAGE 22, SAN BENITO COUNTY RECORDS,
AND AS SAID RANCHO AND LOTS ARE DESCRIBED IN BOOK D OF THE TRANSCRIBED RECORDS OF MONTEREY COUNTY, PAGE 69, AND BEING BOUNDED BY A LINE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN 145.16 ACRE TRACT OF LAND TRANSFERRED TO THE UNITED STATES OF AMERICA BY JUDGMENT RECORDED MARCH 18, 1942 IN VOLUME 116 OF OFFICIAL RECORDS, PAGE 359, SAN BENITO COUNTY RECORDS, SAID POINT OF
BEGINNING BEING IN THE WESTERLY LINE OF THE SAN FELIPE ROAD, AND RUNNING ALONG THE NORTHWESTERLY LINE OF SAID 145.16 ACRE TRACT SOUTH 72° 00' WEST 1585.36 FEET, MORE OR LESS, TO THE MOST EASTERLY CORNER OF THAT CERTAIN 27.97 ACRE PARCEL OF LAND TRANSFERRED TO THE UNITED STATES OF AMERICA BY JUDGMENT RECORDED JUNE 24, 1943 IN VOLUME 122 OF OFFICIAL RECORDS, PAGE 280, AND DESCRIBED AS PARCEL ONE; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID NORTHEASTERLY LINE NORTH 38° 00' WEST 2631.55 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID LOT I, NORTH 18° 00' WEST 2012.19 FEET; THENCE AT RIGHT ANGLE NORTH 72° 00' EAST 1870.00 FEET TO THE EASTERLY LINE OF LOT P AND R, SOUTH 18° 00' EAST 4445.00 FEET, MORE OR LESS TO THE MOST WESTERLY CORNER OF THAT CERTAIN 0.60 ACRE PARCEL OF LAND CONVEYED TO FRANK O'CONNELL, ET UX, BY DEED RECORDED NOVEMBER 16, 1837 IN VOLUME 89 OF OFFICIAL RECORDS, PAGE 319, SAN SANTO COUNTY RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID 0.60 ACRE PARCEL OF LAND NORTH 72° 00' EAST 622.98 FEET, MORE OR LESS, TO THE INTERSECTION THEREOF WITH THE WESTERLY LINE OF SAN FELIPE ROAD; THENCE ALONG THE WESTERLY LINE OF THE SAN FELIPE ROAD, SOUTH 07° 15' EAST 40.72 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION THAT LIES WITHIN THAT CERTAIN MAP ENTITLED "TRACT NO. 359 CLEARIST PARK - PHASE 1", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA ON MARCH 24, 2022, IN BOOK 17 OF MAPS, AT PAGE 24.
EXHIBIT B
Property Location Map
Airport Property & Almond Project Property
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: February 18, 2025
REPORT # Community Development-2025-06
AGENDA ITEM: A RESOLUTION RENEWING REGULATORY PERMIT FOR EUPHORIC LIFE INC. TO OPERATE A CANNABIS MANUFACTURING FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Maria C Mendez
RECOMMENDED ACTION: Adopt a resolution approving the renewal of a regulatory permit for Euphoric Life Inc. to operate a cannabis manufacturing facility located at 807 Industrial Drive for the 2025/2026 period.
DISCUSSION: On December 18, 2017, the Hollister City Council approved a Cannabis Use Permit/Development Agreement for Euphoric Life, Inc. to operate a cannabis manufacturing facility (Resolution No. 2017-331). Following this, on March 19, 2018, the City Council granted a regulatory permit (Resolution No. 2018 -60) for the company to operate at 807 Industrial Drive.
On December 18, 2023, during its regular meeting, the City Council renewed Euphoric Life Inc.’s regulatory permit for the 2023/2024 period.
As per Section 5.42.120 of the Hollister Municipal Code, renewal applications are required to be submitted 60 days prior to expiration. Unfortunately, due to unforeseen circumstances, the applicant was unable to submit the paperwork within the prescribed timeframe, though it was submitted just a few days after the expiration date. While timely submission is important for staff to review and prepare the necessary items for public hearing, the applicant submitted the complete renewal application and paid the required fees ($7,636) on January 7, 2025.
In addition, although Eurphoric Life Inc’s regulatory permit has expired, none of their business circumstances, such as ownership or location, have changed so staff is asking Council to renew the regulatory permit rather than requiring Euphoric Life Inc.’s to apply for a new permit.
Staff acknowledge that the delayed submission does not pose a risk to the health or safety of the City of Hollister or its residents, and the applicant has demonstrated a continued commitment to compliance. Importantly, there have been no issues raised regarding the applicant’s operations, and the business remains in good standing with all operational and fee requirements.
According to Section 5.42.050 of the City of Hollister Municipal Code, the renewal of a regulatory permit is subject to approval by the City Council. Under HMC § 5.42.070(A), the City Council may only reject the renewal if any specific findings are made. Euphoric Life Inc. has consistently adhered to all operational requirements and has paid all
necessary fees. Staff have not identified any grounds that would justify rejecting the renewal.
Allowing the renewal of this regulatory permit will enable Euphoric Life Inc. to continue its operations into the 2025/2026 period, ensuring the business’s continued contribution to the local economy and industry. Given the applicant’s compliance h istory, staff recommend approval of the permit renewal.
FISCAL IMPACT: As a regulatory permittee, Euphoric Life Inc. is required to pay quarterly taxes to the city. Non-approval of an applicable regulatory permit would result in a loss of current tax revenue.
PREVIOUS COUNCIL OR COMMISSION ACTION: On December 18, 2017, the Hollister City Council approved a Cannabis Use Permit/Development Agreement for Euphoric Life, Inc. to operate a cannabis manufacturing facility (Resolution No. 2017 - 331). Subsequently, on March 19, 2018, the City Council granted a regulatory permit (Resolution No. 2018-60) for the company to manufacture cannabis at 807 Industrial Drive. Most recently, on December 18,2023, the City Council renewed Euphoric Life Inc. regulatory permit for the 2023 to 2024 period.
CEQA: Exempt: Section 15301 The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301, which applies to the operation and maintenance of existing facilities. This exemption is appropriate as the project involves the renewal of a regulatory permit for an established cannabis cultivation facility, with no significant changes or expansion of operations anticipated. Therefore, no further environmental review is required.
ATTACHMENTS:
1. Resolution
2. Regulatory Permit Application
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
RENEWING REGULATORY PERMIT FOR EUPHORIC LIFE INC TO
OPERATE A CANNABIS MANUFACTURING FACILITY AT
807 INDUSTRIAL DRIVE (APN 056-270-012-000)
WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, the City Council at its regular meeting of December 18, 2017, approved a Cannabis Use Permit/ Development Agreement for Euphoric Life Inc. located at 807 Industrial Drive; and
WHEREAS, the City Council at its regular meeting of March 19, 2018 issued a cannabis manufacturing regulatory permit; and
WHEREAS, the City Council at its regular meeting of December 18, 2023 renewed a manufacturing regulatory permit for 2024 to 2025; and
WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and
WHEREAS, Euphoric Life Inc. has completed the regulatory permit application for 2025 to 2026, and it has been deemed complete; and
WHEREAS, at its regular meeting of February 18, 2025, the City Council considered the applicant’s request, reviewed the staff report, and received writ ten and oral testimony for and against the proposal; and
WHEREAS, under the provisions of Section 5.42.070 A of the Hollister Municipal Code the City Council may reject a permit. After review, the Council did not make any of the specified findings required to deny Euphoric Life Inc. regulatory permit; and
WHEREAS, under the provisions of Section 5.42.14 The City Council may, however, place conditions upon Euphoric Life Inc.’s regulatory permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby makes the following findings and determinations regarding the proposed cannabis regulatory permit:
Resolution No. 2025-XX
Grounds for Denial
The City Council may reject a regulatory permit upon making any of the following findings, none of the following required findings were made to warrant the rejection of a regulatory permit:
1. Any applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
2. If applicable, the applicant is not a primary caregiver, qualified patient, or the legal representative of the cannabis facility;
3. The applicant fails to meet the requirements of this Chapter or any regulation adopted pursuant to this Chapter;
4. The cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
5. Any applicant, manager, or employee of the cannabis facility is under eighteen (18) years of age;
6. Any applicant has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review process. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
a. A felony conviction for the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance.
b. A violent felony conviction, as specified in subdivision (c) of Section
667.5 of the Penal Code.
c. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
Resolution No. 2025-XX
d. A felony conviction involving fraud, deceit, or embezzlement.
7. Any applicant or manager of the medical cannabis facility is a licensed physician making patient recommendations for medical cannabis.
8. Any applicant or manager has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed operation of a medical cannabis facility or has had a license revoked under this Chapter in the three years immediately preceding the date the application is filed with the licensing authority.
9. The applicant did not pay the City the required application and processing fees as set forth in Section 5.42.080
BE IT FURTHER RESOLVED that the City Council of the City of Hollister hereby approves and authorizes staff to renew the regulatory permit for Euphoric Life Inc. located at 807 Industrial Drive to continue to operate a cannabis manufacturing facility.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 18, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
Resolution No. 2025-XX
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX 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 held on February 18, 2025, 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 on February 18, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: February 18, 2025
REPORT # Community Development-2025-07
AGENDA ITEM: A RESOLUTION RENEWING A REGULATORY PERMIT FOR EUPHORIC LIFE INC. TO OPERATE A CANNABIS DISTRIBUTION FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Maria C Mendez
RECOMMENDED ACTION: Adopt a resolution approving the renewal of a regulatory permit for Euphoric Life Inc. to operate a cannabis distribution facility located at 807 Industrial Drive for the 2025/2026 period.
DISCUSSION: On June 18, 2018, the Hollister City Council approved a Cannabis Use Permit/ Development Agreement for Euphoric Life, Inc. to operate a cannabis distribution facility (Resolution No. 2018-165). On November 19, 2018, the City Council approved a regulatory permit (Resolution No. 2018-297) for Euphoric Life, Inc. to operate a cannabis distribution facility at 807 Industrial Drive.
On December 18, 2023, during its regular meeting, the City Council renewed Euphoric Life Inc.’s distribution regulatory permit for the 2023/2024 period.
As per Section 5.42.120 of the Hollister Municipal Code, renewal applications are required to be submitted 60 days prior to expiration. Unfortunately, due to unforeseen circumstances, the applicant was unable to submit the paperwork within the prescribed timeframe, though it was submitted just a few days after the expiration date. While timely submission is important for staff to review and prepare the necessary items for public hearing, the applicant submitted the complete renewal application and paid the required fees ($7,636) on January 7, 2025.
Although Eurphoric Life Inc.’s regulatory permit has expired, none of their business circumstances, such as ownership or location, have changed so staff is asking Council to renew the regulatory permit rather than requiring Euphoric Life Inc. to apply for a new permit.
Staff acknowledge that the delayed submission does not pose a risk to the health or safety of the City of Hollister or its residents, and the applicant has demonstrated a continued commitment to compliance. Importantly, there have been no issues raised regarding the applicant’s operations, and the business remains in good standing with all operational and fee requirements.
According to Section 5.42.050 of the City of Hollister Municipal Code, the renewal of a regulatory permit is subject to approval by the City Council. Under HMC § 5.42.070(A), the City Council may only reject the renewal if any specific findings are made. Euphoric Life Inc. has consistently adhered to all operational requirements and has paid all
necessary fees. Staff have not identified any grounds that would j ustify rejecting the renewal.
Allowing the renewal of this regulatory permit will enable Euphoric Life Inc. to continue its operations into the 2025/2026 period, ensuring the business’s continued contribution to the local economy and industry. Given the a pplicant’s compliance history, staff recommend approval of the permit renewal.
FISCAL IMPACT: As a regulatory permittee, Euphoric Life Inc. is required to pay quarterly taxes to the city. Non-approval of an applicable regulatory permit would result in a loss of current tax revenue.
PREVIOUS COUNCIL OR COMMISSION ACTION: On June 18, 2018, the Hollister City Council approved a Cannabis Use Permit/ Development Agreement for Euphoric Life, Inc. to operate a cannabis distribution facility (Resolution No. 2018-165). On November 19, 2018, the City Council approved a regulatory permit (Resolution No. 2018-297) for Euphoric Life, Inc. to operate a cannabis distribution facility at 807 Industrial Drive.
CEQA: Exempt: Section 15301 The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301, which applies to the operation and maintenance of existing facilities. This exemption is appropriate as the project involves the renewal of a regulatory permit for an established cannabis cultivation facility, with no significant changes or expansion of operations anticipated. Therefore, no further environmental review is required.
ATTACHMENTS:
1. Resolution
2. Regulatory Permit Application
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
RENEWING REGULATORY PERMIT FOR EUPHORIC LIFE INC TO
OPERATE A CANNABIS DISTRIBUTION FACILITY AT
807 INDUSTRIAL DRIVE (APN 056-270-012-000)
WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, the City Council at its regular meeting of June 18, 2018, approved a Cannabis Use Permit/ Development Agreement for Euphoric Life Inc. located at 807 Industrial Drive; and
WHEREAS, the City Council at its regular meeting of November 19, 2018 issued a cannabis distribution regulatory permit; and
WHEREAS, the City Council at its regular meeting of December 18, 2023 renewed a distribution regulatory permit for 2024 to 2025; and
WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and
WHEREAS, Euphoric Life Inc. has completed the regulatory permit application for 2025 to 2026, and it has been deemed complete; and
WHEREAS, at its regular meeting of February 18, 2025, the City Council considered the applicant’s request, reviewed the staff report, and received written and oral testimony for and against the proposal; and
WHEREAS, under the provisions of Section 5.42.070 A of the Hollister Municipal Code the City Council may reject a permit. After review, the Council did not make any of the specified findings required to deny Euphoric Life Inc. regulatory permit; and
WHEREAS, under the provisions of Section 5.42.14 The City Council may, however, place conditions upon Euphoric Life Inc.’s regulatory permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby makes the following findings and determinations regarding the proposed cannabis regulatory permit: