INFILL PCL 13 – 1028 Main St. Subdivision – 1028 Main Street; File #PL21-0372 Planning Commission – March 23, 2023 – Page 8 of 14
16. The following note shall be added to the Grading and/or Improvement Plans:
To minimize dust/grading impacts during construction the applicant shall:
a. Spray water on all exposed earth surfaces during clearing, grading, earth moving and other site preparation activities throughout the day.
b. Use tarpaulins or other affective covers on all stockpiled earth material and on all haul trucks. c. Sweep the adjacent streets frontages at least once a day or as needed to remove silt and other dirt which is evident from construction activities.
d. Ensure that construction vehicles are cleaned prior to leaving the construction site to prevent dust and dirt from being tracked off site.
e. The City shall have the authority to stop all grading operations, if in the opinion of city staff, inadequate dust control measures are being practiced or excessive wind conditions contribute to fugitive dust emissions. (Engineering)
17. Prior to the approval of the improvement plans, it will be the project proponent’s responsibility to pay the standard City Trench Cut Recovery Fee for any cuts within the City streets that are required for the installation of underground utilities. (Engineering)
18. The applicant shall provide 4’ concrete sidewalk at the back of the existing curb for the length of the project along Porter Drive. (Engineering)
19. The applicant shall provide City standard 3’ curb-gutter, 4’ concrete sidewalk and paving along Main Street consistent with the Tentative Map Grading and Site Plan as part of this entitlement. (Engineering)
20. A note shall be added to the grading plans that states:
“Prior to the commencement of grading operations, the contractor shall identify the site where the excess/borrow earthen material shall be imported/deposited. If the borrow/deposit site is within the City of Roseville, the contractor shall produce a report issued by a geotechnical engineer to verify that the exported materials are suitable for the intended fill, and shall show proof of all approved grading plans. Haul routes to be used shall be specified.” (Engineering)
21. The applicant shall dedicate all necessary rights-of-way for the widening of any streets required with this entitlement. A separate document shall be drafted for approval and acceptance by the City of Roseville, and recorded at the County Recorder’s Office. (Engineering)
22. The grading plans for the site shall be accompanied with a shed map that defines that area tributary to this site. All drainage facilities shall be designed to accommodate the tributary flow. All on-site storm drainage shall be collected on site and shall be routed to the nearest existing storm drain stub of natural drainage coarse. (Engineering)
23. All storm drainage, including roof drains, shall be collected on site and treated with Best Management Practices (BMP’s) per the City’s Stormwater Quality Design Manual. All storm water shall be routed to the nearest existing storm drain system or natural drainage facility. Drain outfalls shall extend down to the receiving water and shall be constructed with adequate velocity attenuation devices. The grading/improvement plans for the site shall be accompanied with a shed map that defines that area tributary to this site and all drainage facilities shall be designed to accommodate the tributary flow. If located within a private subdivision, the storm drain system and proposed BMP’s shall be privately owned and maintained by the property owner, unless otherwise identified on the approved tentative
INFILL PCL 13 – 1028 Main St. Subdivision – 1028 Main Street; File #PL21-0372 Planning Commission – March 23, 2023 – Page 9 of 14
map. Prior to the issuance of any permits, the owner shall provide a plan for the maintenance of the proposed BMP’s. (Engineering)
24. The grading plans shall be accompanied with engineered structural calculations for all retaining walls greater than 4 feet in height. All retaining walls shall be of either split faced masonry units, keystone type construction, or cast in place concrete with fascia treatment. (Engineering)
25. To ensure that the design for any necessary widening, construction, or modifications of Public Streets does not conflict with existing dry utilities generally located behind the curb and gutter, and prior to the submittal of design drawings for those frontage improvements, the project proponent shall have the existing dry utilities pot holed for verification of location and depth. (Engineering)
26. Prior to the approval of the Improvement Plans, the project proponent shall provide proof of preparation and submittal of a Storm Water Pollution Prevention Plan (SWPPP) to the Regional Water Quality Control Board (RWQCB). Proof shall be in the form of the Waste Discharge Identification Number ( WDID#), provided to the applicant from RWQCB, placed on the coversheet of the improvement plans. Upon approval of the improvement plans, a copy of the SWPPP shall be required onsite and available for viewing by City inspection staff upon request. (Engineering)
27. Prior to the issuance of a grading permit or approval of Improvement Plans, the grading plans shall clearly identify all existing water, sewer and recycled water utilities within the boundaries of the project (including adjoining public right of way). Existing utilities shall be identified in plan-view and in profile- view where grading activities will modify existing site elevations over top of or within 15 feet of the utility.
Any utilities that could potentially be impacted by the project shall be clearly identified along with the proposed protection measures. The developer shall be responsible for taking measures and incurring costs associated with protecting the existing water, sewer and recycled water utilities to the satisfaction of the Environmental Utilities Director. (Environmental Utilities)
28. Water and sewer infrastructure shall be designed and constructed pursuant to the adopted City of Roseville Improvement Standards and Construction Standards and shall reflect the following:
a. Sewer and water service laterals shall not be allowed off of water and sewer mains larger than 12 inches in diameter.
b. Utilities or permanent structures shall not be located within the area which would be disturbed by an open trench needed to expose sewer trunk mains deeper than 12 feet unless approved by Environmental Utilities in these conditions. The area needed to construct the trench is a sloped cone above the sewer main. The cone shall have 1:1 side slopes. c. Water and sewer mains shall not exceed a depth of 12 feet below finished grade, unless authorized in these conditions.
d. All sewer manholes shall have all -weather 10-ton vehicular access unless authorized by these conditions. (Environmental Utilities)
29. Any backflow preventers visible from the street shall be painted green to blend in with the surrounding landscaping. The backflow preventers shall be screened with landscaping and shall comply with the following criteria:
a. There shall be a minimum clearance of four feet (4'), on all sides, from the backflow preventer to the landscaping.
b. For maintenance purposes, the landscaping shall be installed on a maximum of three sides and the plant material shall not have thorns.
INFILL PCL 13 – 1028 Main St. Subdivision – 1028 Main Street; File #PL21-0372 Planning Commission – March 23, 2023 – Page 10 of 14
c. The control valves and the water meter shall be physically unobstructed. d. The backflow preventer shall be covered with a green cover that will provide insulation. (Environmental Utilities)
30. A note shall be added to the Improvement Plans stating that all water backflow devices shall be tested and approved by the Environmental Utilities Department prior to the Notice of Completion for the improvements. (Environmental Utilities)
31. Fire hydrants shall be located as required by the Fire Department. The maximum distance between fire hydrants shall not exceed 500' on center. (Fire)
32. Minimum fire flow is 1,500 gallons per minute with 20 pounds of residual pressure. The fire flow and residual pressure may be increased, as determined by the Fire Marshall, where the project utility lines will serve non-residential uses. (Fire)
33. Any facilities proposed for placement within public/electric utility easements shall be subject to review and approval by the Electric Department before any work commences in these areas. This includes, but is not limited to, landscaping, lighting, paving, signs, trees, walls, and structures of any type. (Electric)
34. All Electrical Department facilities, including street lights where applicable, shall be designed and built to the “City of Roseville Specifications for Residential Trenching”. (Electric)
35. The design for electrical service for this project will begin when the Electric Department has received a full set of improvement plans for the project. (Electric)
36. All landscaping in areas containing electrical service equipment shall conform to the “Electric Department Landscape Design Requirements” as outli ned in Section 7.00 of the Electric Department’s “Specifications for Residential Trenching.” (Electric)
37. The location and design of the gas service shall be determined by PG&E. The design of gas service for this project shall not begin until PG&E has received a full set of City approved improvement plans for the project. (PG&E)
38. It is the developer's responsibility to notify PG&E of any work required on PG&E facilities. (PG&E)
PRIOR TO OR UPON RECORDATION OF FINAL/PARCEL MAP
39. The following easements shall be provided and shown on the Final Map or by separate instrument, unless otherwise provided for in these conditions:
a. A 12.5 foot wide public utilities easement along all road frontages; b. The applicant shall provide a 15’ wide private storm drain easement between the owners of Lots 1- 10 for the transfer of storm water through rear portion of the site. The easement document shall be drafted for approval and acceptance by the City of Roseville, and recorded at the County Recorder’s Office.
Easement widths shall comply with the City’s Improvement Standards and Construction Standards. The easement documents shall be drafted for approval and acceptance by the City of Roseville and recorded at the Placer County Recorder’s Office. (Environmental Utilities, Electric, Engineering)
40. The applicant shall dedicate a separate drainage easement to the City of Roseville for the storm drain facility required to transfer public storm waters through the site. (Engineering)
INFILL PCL 13 – 1028 Main St. Subdivision – 1028 Main Street; File #PL21-0372 Planning Commission – March 23, 2023 – Page 11 of 14
41. All existing easements shall be maintained, unless otherwise provided for in these conditions. (Environmental Utilities, Electric, Engineering)
42. Separate document easements required by the City shall be prepared in accordance with the City’s “Policy for Dedication of Easements to the City of Roseville”. All legal descriptions shall be prepared by a licensed land Surveyor. (Alternative Transportation, Environmental Utilities, Electric, Engineering)
43. The City shall not approve the Final Map for recordation until either:
a. A subdivision agreement is entered into along with the necessary bonds and insurance as required by the City. Said agreement shall be in a form acceptable to the City Attorney.
OR
b. The improvement plans are approved, and the improvements are constructed and accepted as complete. In this case, the subdivider shall enter into a one-year maintenance agreement concurrent with the recordation of the Final Map. (Engineering)
44. Street names shall be approved by the City of Roseville. (Engineering)
45. The subject property shall be annexed into Community Facilities District No. 4 – Public Services (CFD 4), or form a new CFD, prior to approval of the Final/Parcel Map. This property is being added into this district in order to fund the ongoing maintenance for the public improvements that require maintenance or servicing. It is the applicant's responsibility to prepare the appropriate documentation for the annexation of this property into the CFD. In order to allow the CFD to be in place at the beginning of the fiscal year, the documentation shall be provided to the Finance Department not later than March 15 of the year preceding the fiscal year in which this annexation will become effective. (Finance, Engineering)
46. The Final/Parcel Map shall include an irrevocable offer to dedicate public rights-of-way and public and/or private easements as required by the City. Lettered Lot//Parcel along major roads shall be dedicated as landscape/pedestrian/public utility easements and in fee to the City as open space. (Engineering)
47. The words "traffic control appurtenances" shall be included in the list of utilities allowed in public utilities easements (PUE's) located along public roadways. (Engineering)
48. The Final/Lot/Parcel/Parcel Map shall be submitted per, “The Digital Submittal of Cadastral Surveys”.
Submittal shall occur after Engineering approval but prior to Council approval. (Engineering)
49. The cost of any facilities which are identified in the CIP and are beyond those needed for this project may be reimbursed to the developer. In accordance with §66485 and §66486 of the Subdivision Map Act, any improvements constructed by the subdivider which contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision and which improvements are to be dedicated to the public, the subdivider shall be entitled to reimbursement for that portion of the cost of the improvements which is in excess of the construction required for the subdivision. (Engineering)
50. Electric construction costs incurred by the City of Roseville Electric Department for this project shall be paid for by the developer per the applicable policy. (Electric)
51. The Environmental Utilities Department shall make a determination that there is adequate conveyance and treatment capacity in the City sewer system to handle the newly created Lot/Parcels. (Environmental Utilities)
52. The applicant shall pay all applicable water and sewer fees. (Environmental Utilities)
INFILL PCL 13 – 1028 Main St. Subdivision – 1028 Main Street; File #PL21-0372 Planning Commission – March 23, 2023 – Page 12 of 14
OTHER CONDITIONS OF APPROVAL
53. The applicant shall pay City's actual costs for providing plan check, installation and inspection services.
This may be a combination of staff costs and direct billing for contract professional services. (Environmental Utilities, Engineering)
54. Any relocation, rearrangement, or change to existing electric facilities due to this development shall be at the developer’s expense. (Electric)
55. It is the responsibility of the developer to insure that all existing electric facilities remain free and clear of any obstructions during construction and when the project is complete. (Electric)
56. Existing public facilities damaged during the course of construction shall be repaired by the applicant, at the applicant's expense, to the satisfaction of the City. (Engineering)
57. The project is subject to the noise standards established in the City's Noise Ordinance. In accordance with the City's Noise Ordinance project construction is exempt between the hours of seven a.m. and seven p.m. Monday through Friday, and between the hours of eight a.m. and eight p.m. Saturday and Sunday. Provided, however, that all construction equipment shall be fitted with factory installed muffling devices and that all construction equipment shall be maintained in good working or der. (Engineering)
58. If site survey or earth moving work results in the discovery of hazardous materials in containers or what appears to be hazardous wastes released into the ground, the contractor shall notify the Roseville Fire Department immediately. A representative from the Fire Department will make a determination as to whether the incident is reportable or not and if site remediation is required. Non-emergency releases or notifications about the presence of containers found shall be reported to the Fire Department. (Fire)
CONDITIONS OF APPROVAL FOR THE TREE PERMIT – FILE #PL21-0372
PRIOR TO ISSUANCE OF ANY PERMITS OR ANY CONSTRUCTION ON-SITE
1. All recommendations contained in the Arborist Report (Attachment 1) are incorporated by reference into these conditions, except as modified herein. (Planning)
2. Tree(s) # 4, #6, #9, #22, and #33 (or as listed in Exhibit C) are approved for removal with this tree permit.
All other native oak trees shall remain in place. Trees to be removed shall be clearly marked in the field and inspected by Planning Staff prior to removal. Removal of the trees shall be performed by or under the supervision of a certified arborist. (Planning)
3. The developer shall be responsible for the replacement of the total number of inches proposed for removal prior to any tree removal. The total number of inches for this project is 65. Mitigation must be provided prior to tree removal unless otherwise appr oved in the tree replacement plan or in these conditions. (Planning)
4. No activity shall be permitted within the protected zone of any native oak tree beyond those identified by this report. Encroachment into the protected zone of Tree(s) #10 and #26 as shown in Exhibit C and described in the staff report is permitted. (Planning)
5. A $10,000 cash deposit or bond (or other means of security provided to the satisfaction of the Planning Division) shall be posted to ensure the preservation of all remaining trees during construction. The cash deposit or bond shall be posted in a form approved by the City Attorney. Each occurrence of a violation
INFILL PCL 13 – 1028 Main St. Subdivision – 1028 Main Street; File #PL21-0372 Planning Commission – March 23, 2023 – Page 13 of 14
on any condition regarding tree preservation shall result in forfeiture of all or a portion of the cash deposit or bond. (Planning)
6. A violation of any of the conditions of this Tree Permit is a violation of the Roseville Municipal Code, the Zoning Ordinance (Chapter 19.74) and the Tree Preservation Ordinance (Chapter 19.66). Penalties for violation of any of the conditions of approval may include forfeiture of the bond, suspension or revocation of the permit, payment of restitution, and criminal penalties. (Planning)
7. A fencing plan shall be shown on the approved site plan and/or improvement plans demonstrating the Protected Zone for the affected trees. A maximum of three feet beyond the edge of the walls, driveways, or walkways will be allowed for construction activity and shall be shown on the fencing plan. The fencing plan shall be reviewed and approved by the Planning Division prior to the placement of the protective fencing. (Planning)
8. The applicant shall install a minimum of a five-foot high chain link fence (or acceptable alternative) at the outermost edge of the Protected Zone of the oak tree. Where encroachment is permitted pursuant to Condition 4, above, the fencing for encroachments shall be installed at the limit of construction activity.
The applicant shall install signs at two equidistant locations on the temporary fence that are clearly visible from the front of the lot and where construction activity will occur. The size of each sign shall be a minimum of two feet (2’) by two feet (2’) and must contain the following language: “WARNING THIS
FENCE SHALL NOT BE REMOVED OR RELOCATED WITHOUT WRITTEN AUTHORIZATION FROM THE PLANNING DIVISION”. (Planning)
9. Once the fencing is installed, the applicant shall schedule an appointment with the Planning Division to inspect and approve the temporary fencing before beginning any construction. (Planning)
10. The ap plicant shall arrange with the arborist to perform, and certify in writing, the completion of deadwooding, fertilization, and all other work recommended for completion prior to the approval of improvement plans. Pruning shall be done by an Arborist or under the direct supervision of a Certified Arborist, in conformance with International Society of Arboriculture (I.S.A.) standards. Any watering and deep root fertilization which the arborist deems necessary to protect the health of the trees as noted in the arborist report or as otherwise required by the arborist shall be completed by the applicant. (Planning)
11. A utility trenching pathway plan shall be submitted depicting all of the following systems: storm drains, sewers, water mains, and underground utilities. The trenching pathway plan shall show the proposed locations of all lateral lines. (Planning)
12. A Site Planning Meeting shall be held with the applicant, the applicant's primary contractor, the Planning Division and the Engineering Division to review this permit, the approved grading or improvement plans, and the tree fencing prior to any grading on -site. The Developer shall call the Planning Division and Engineering Division two weeks prior to the start of grading work to schedule the meeting and fencing inspection. (Planning)
13. The following information must be located on- site during construction activities: Arborist Report, approved site plan/improvement plans including fencing plan, and conditions of approval for the Tree Permit. All construction m ust follow the approved plans for this tree permit without exception. (Planning)
INFILL PCL 13 – 1028 Main St. Subdivision – 1028 Main Street; File #PL21-0372 Planning Commission – March 23, 2023 – Page 14 of 14
14. All preservation devices (aeration systems, oak tree wells, drains, special paving, etc.) shall be designed and installed as required by these conditions and the arborist’s recommendations, and shall be shown on the improvement plans or grading plans. (Planning)
15. If any native ground surface fabric within the Protected Zone must be removed for any reason, it shall be replaced within forty-eight (48) hours. (Planning)
16. Storage or parking of materials, equipment, or vehicles is not permitted within the Protected Zone of any oak tree. Vehicles and other heavy equipment shall not be operated within the Protected Zone of any oak tree. (Planning)
17. Where recommended by the arborist, portions of the foundation shall be hand dug under the direct supervision of the project arborist. The certified arborist shall immediately treat any severed or damaged roots. Minor roots less than one (1) inch in diameter may be cut, but damaged roots shall be traced back and cleanly cut behind any split, cracked or damaged area. Major roots over one (1) inch in diameter may not be cut without approval of an arborist and any arborist recommendations shall be implemented. (Planning)
18. The temporary fencing shall remain in place throughout the entire construction period and shall not be removed without obtaining written authorization from the Planning Division. In no event shall the fencing be removed before the written authorization is received from the Planning Division. (Planning)
PRIOR TO ISSUANCE OF FINAL
19. Within 5 days of the completion of construction, a Certification Letter from a certified arborist shall be submitted to and approved by the Planning Division. The certification letter shall attest to all of the work (regulated activity) that was conducted in the protected zone of the tree, either being in conformance with this permit or of the required mitigation still needing to be performed. (Planning)
20. The approval of this Tree Permit shall run with the Tentative Subdivision Map and expire on the same date as the Map. (Planning)
ATTACHMENT
1. Arborist Report
2. Aquatic Resources Delineation Report
3. Biological Resources Assessment
EXHIBITS
A. Initial Study Mitigated Negative Declaration
B. Tentative Subdivision Map and Grading Plan
C. Tree Removal Plan
D. Water and Sewer Plan
E. DMA Pervious and Impervious Areas
Note to Applicant and/or Developer: Please contact Planning Division staff at (916) 774-5276 prior to the Commission meeting if you have any questions on any of the recommended conditions for your project. If you challenge the decision of the Commission in court, you may be limited to raising only those issues which you or someone else raised at the public hearing held for this project, or in written correspondence delivered to the Planning Manager at, or prior to, the public hearing.
City Council
Communication
Meeting Date: 7/16/2025
Item #: VII.33
File #: 0400-04-12-1 &
0400-07
Item ID: 2025-443
Title: Sierra Vista Specific Plan KT-42 - Parcel Map
Contact: Robert Medina 916-774-5517 [email protected]
SUMMARY
Staff recommends approval of the Sierra Vista Specific Plan KT-42 Parcel Map. The Engineering Department has reviewed the subject parcel map and found that it is in compliance with the Subdivision Map Act and the City's Subdivision Ordinance and all conditions of the tentative map have been met. This map will create two parcels for future development. The actions requested have no fiscal impact on the City's General Fund.
RECOMMENDATION
Staff recommends that the City Council approve the parcel map on file with the City Clerk and accept, on behalf of the public, the public easements offered thereon for dedication and accept, subject to improvement, the rights of way offered thereon for dedication; and approve the abandonment of the right of way and easements listed thereon.
BACKGROUND
The Engineering Department has reviewed the subject parcel map and found that it is in compliance with the Subdivision Map Act and the City's Subdivision Ordinance and all conditions of the tentative map have been met.
This map will create two parcels for future development.
FISCAL IMPACT
There is no fiscal impact to the City's General Fund associated with this approval.
ENVIRONMENTAL REVIEW
Council approval of the Sierra Vista Specific Plan (SPSV) KT-42 Parcel Map is an action that is subject to CEQA. Project level CEQA compliance for the SPSV KT-42 Parcel Map project was accomplished with preparation of the 7th Addendum to the SPSV Environmental Impact Report (El R Adopted: May 5, 2010, SCH No. 2008032115; Addendum approved March 24, 2022). Because the SVSP KT-42 Parcel Map is consistent with the project evaluated in the 7th Addendum to the SVSP Environmental Impact Report, no new effects would be expected to occur and all applicable mitigation measures from the 7th Addendum to the SVSP Environmental Impact Report will be implemented. As such, no additional CEQA action is required at this time.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
4. Invest in well-planned infrastructure and growth
Respectfully Submitted,
Robert Medina, Assistant Engineer
Mike Isom, Development Services Director
ATTACHMENTS:
1. Final Map
2. Vicinity Map
REVIEWERS:
Robert Medina, Development Services Department - Engineering Division Created/Initiated - 6/26/2025 Marc Stout, Development Services Department - Engineering Division Approved - 6/26/2025 Greg Bitter, Development Services Department Approved - 6/26/2025 Gretchen Hakala, City Attorney Department Approved - 6/27/2025 Katrina Six, City Clerk Department Approved - 6/30/2025 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 6/30/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 7/1/2025 Michelle Sheidenberger, City Attorney Department Approved - 7/1/2025 Dominick Casey, City Manager Department - City Manager Approved - 7/2/2025 Katrina Six, City Clerk Department Final Approval - 7/3/2025
OWNER'S STATEMENTTHE UNDERSIGNED, HEREBY CERTIFIES THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORDTITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THISPARCEL MAP OF "SVSP KT-42 SUBDIVISION NO. PL21-0233" AND THEY HEREBY CONSENT TO THEPREPARATION AND RECORDATION OF THIS PARCEL MAP AND HEREBY OFFER FOR DEDICATION ANDDO HEREBY DEDICATE FOR PARTICULAR PURPOSE THE FOLLOWING:THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES:(A)VARIABLE-WIDTH RIGHT-OF-WAY SHOWN HEREON AND DESIGNATED (RIGHT-OF-WAY).THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:(A)PUBLIC EASEMENT FOR THE INSTALLATION, MAINTENANCE AND REPAIR OF SANITARY SEWERFACILITIES ON, OVER, UNDER AND ACROSS THE AREA SHOWN HEREON AND DESIGNATED(PUBLIC SANITARY SEWER EASEMENT).(B)VARIABLE-WIDTH PUBLIC EASEMENT FOR PEDESTRIAN ACCESS PURPOSES ON AND ACROSSTHE STRIPS OF LAND SHOWN HEREON AND DESIGNATED (PUBLIC PEDESTRIAN ACCESSEASEMENT).(C)PUBLIC EASEMENT FOR THE INSTALLATION, MAINTENANCE AND REPAIR OF WATER FACILITIESON, OVER, UNDER AND ACROSS THE AREA SHOWN HEREON AND DESIGNATED (PUBLIC WATEREASEMENT).(D)PUBLIC EASEMENT FOR ALL PURPOSES, INCLUDING, BUT NOT LIMITED TO, THE INSTALLATION,OPERATION AND MAINTENANCE OF A PUBLIC BUS SHELTER AND THE RIGHT TO CONSTRUCT,MAINTAIN, REPAIR AND REPLACE FACILITIES NECESSARY FOR SAID PURPOSES ON, OVER,UNDER AND ACROSS THE AREA SHOWN HEREON AND DESIGNATED (BUS SHELTER EASEMENT)CIRCLE K STORES INC., A TEXAS CORPORATIONBY: __________________________________________________________________GEORGE WILKINS - VICE PRESIDENTDATEBY: __________________________________________________________________SARAH LONGWELL - ASSISTANT SECRETARYDATE RECORDER'S STATEMENTFILED THIS _______ DAY OF __________________, 20___, AT _______, ___.M. IN BOOK ____,OF PARCEL MAPS, AT PAGE _______, IN THE OFFICE OF THE PLACER COUNTYRECORDER, AT THE REQUEST OF BASE CONSULTING GROUP, INC._____________________________________DOCUMENT NO.: _______________________RECORDER OF PLACER COUNTYSTATE OF CALIFORNIABY: ________________________________FEE $ _________DEPUTY CITY ENGINEER'S STATEMENTI HEREBY STATE THAT I HAVE EXAMINED THIS PARCEL MAP OF "SVSP KT-42SUBDIVISION NO. PL21-0233" AND FIND IT TO BE SUBSTANTIALLY THE SAME ASTHE TENTATIVE PARCEL MAP ON FILE AND ANY APPROVED ALTERATIONSTHEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ALLAPPLICABLE CITY ORDINANCES HAVE BEEN COMPLIED WITH.__________________________________DATE: ________________________MARC STOUT, R.C.E. 69879CITY ENGINEER, CITY OF ROSEVILLELICENSE EXPIRES: SEPTEMBER 30, 2026I HEREBY STATE THAT I AM SATISFIED THIS PARCEL MAP OF "SVSP KT-42SUBDIVISION NO. PL21-0233" IS TECHNICALLY CORRECT.FOR MARC STOUT, CITY ENGINEER, CITY OF ROSEVILLE__________________________________ DATE: ________________________TIMOTHY G. BLAIR, PLS 8278LICENSE EXPIRES DECEMBER 31, 2025 CITY CLERK'S STATEMENTI HEREBY CERTIFY THAT THE CITY COUNCIL, CITY OF ROSEVILLE, HAS APPROVED THIS PARCELMAP OF "SVSP KT-42 SUBDIVISION NO. PL21-0233", AND HAS ACCEPTED THE EASEMENTS ANDRIGHT-OF-WAY OFFERED HEREON FOR DEDICATION._______________________________CITY CLERK, CITY OF ROSEVILLEDATE: ___________________________BY: ____________________________ ASSISTANT CITY CLERK NOTARY ACKNOWLEDGMENTA NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OFTHE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED AND NOT THETRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.STATE OF _____________________COUNTY OF ____________________ON ________________________________________ BEFORE ME, __________________________, NOTARYPUBLIC, PERSONALLY APPEARED ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________,WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSENAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THATHE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BYHIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALFOF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THEFOREGOING PARAGRAPH IS TRUE AND CORRECT.WITNESS MY HANDSIGNATURE ________________________________NAME ________________________________COUNTY OF ________________________________MY COMMISSION EXPIRES ______________COMMISSION NUMBER ______________________ NOTARY ACKNOWLEDGMENTA NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OFTHE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED AND NOT THETRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.STATE OF _____________________COUNTY OF ____________________ON ________________________________________ BEFORE ME, __________________________, NOTARYPUBLIC, PERSONALLY APPEARED ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________,WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSENAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THATHE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BYHIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALFOF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THEFOREGOING PARAGRAPH IS TRUE AND CORRECT.WITNESS MY HANDSIGNATURE ________________________________NAME ________________________________COUNTY OF ________________________________MY COMMISSION EXPIRES ______________COMMISSION NUMBER ______________________ SURVEYOR'S STATEMENTTHIS PARCEL MAP OF "SVSP KT-42 SUBDIVISION NO. PL21-0233" WAS PREPARED BY MEOR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCEWITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE ATTHE REQUEST OF CIRCLE K STORES, INC. IN FEBRUARY, 2022. I HEREBY STATE THATTHIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED ORCONDITIONALLY APPROVED TENTATIVE MAP. THAT ALL MONUMENTS ARE OF THECHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET INTHOSE POSITIONS BEFORE DECEMBER 31, 2024, AND THAT THE MONUMENTS ARE, ORWILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. BY: ________________________________________NEIL E. THONESEN, PLS 8656 EXPIRATION DATE: DECEMBER 31, 2025DATE: ______________________________ SVSP KT-42BEING ALL OF LOT 4, AS SHOWN ON THE FINAL MAP OF SIERRA VISTA KV SIERRA VISTA,LLC, LARGE LOT SUBDIVISION, SUBDIVISION NO. PL 15- 1092, RECORDED OCTOBER 22,2019, IN BOOK EE OF MAPS, PAGE 71, PLACER COUNTY RECORDS, SITUATED INSECTION 35, TOWNSHIP 11 NORTH, RANGE 5 EAST, MOUNT DIABLO MERIDIAN.ROSEVILLE, CAPLACER COUNTY
PARCEL MAP OF
SHEET 1 OF 3
BASE CONSULTING GROUP, INC.
BOOK ___ OF PARCEL MAPS, PAGE ___SUBDIVISION NO. PL21-0233 APRIL, 2025
S00°38'17"E 120.00'EASEMENT FOR PUBLICUTILITIES PER (R1)
BASELINE ROAD
LOT 4MB EE/71
30'
PARCEL A2.00 ACRES +/- NET
PARCEL B6.56 ACRES +/- NET
LOT 1MB EE/33
30'
FOUND 5/8" REBAR,CAPPED, "LS 6600", FLUSHPER (R2)WESTBROOK BOULEVARD LOT 1MB EE/33
35.28'
FOUND 5/8" REBAR,CAPPED, "LS 6600", UP 2"PER (R2)
PUBLIC PEDESTRIANACCESS EASEMENTPER THIS MAP
PUBLIC PEDESTRIAN ACCESS EASEMENTPER THIS MAP
90'
73'
15.75'
23.75'
90'
N89°21'36"E84.40'
25'
25'
12 PUBLIC BUS SHELTER EASEMENTPER THIS MAP
N89°17'49"W 290.18' (M&R1)S89°44'54"W 220.44' (M&R1) 230.00' (M&R1)
N00°15'06"W 712.55'
570.73' (M&R1)
439.38' (M&R4)
N89°44'54"E
N89°23'41"E 32.05'N00°15'06"W 75.38'50.15'240.03'
685.24'N01°51'56"W 280.06' (M&R1)Δ=24°47'46"R=77.50'L=33.54'CB=N78°14'31"WCD=33.28' N00°36'18"W 200.51'
S89°29'55"W 1187.31'S89°29'55"W 615.91'
50.00'
Δ=24°46'23"R=75.00'L=32.43'CB=S78°13'50"ECD=32.18'
S00°38'17"E 729.56'
N89°44'54"E 620.73'
13.17'30.00'14.31' 30.00'
N00°38'17"W 94.94' (M&R1)
N08°49'27"E 60.83' (M&R1)Δ=89°36'49" (M&R1)R=50.00' (M&R1)L=78.20' (M&R1)CB=S45°26'41"ECD=70.47' PARCEL AMB 36/40
PUBLIC PEDESTRIAN ACCESS EASEMENTPER THIS MAPCENTERLINE OF A 20' WIDEPUBLIC WATER EASEMENTPER THIS MAP CENTERLINE OF A 30' WIDEPUBLIC WATER EASEMENTPER THIS MAP CENTER OF A 20' WIDE PUBLICSANITARY SEWER EASEMENTPER THIS MAP N65°50'39"W 90.53'
N89°22'58"E 54.26'
N00°38'17"W 120.00' (M&R1)
CENTERLINE OF A 25' WIDEPUBLIC WATER EASEMENTPER THIS MAP CENTERLINE OF A 20' WIDEPUBLIC WATER EASEMENTPER THIS MAPCENTERLINE OF
CENTERLINE OF
56'
66'
66'
66'
50'
65'
65'(M&R1)(N45°26'42"W R1)
RIGHT-OF-WAYPER THIS MAP
195.41'
CENTERLINE OF A 30' WIDEPUBLIC SANITARY SEWER EASEMENTPER THIS MAP SET 3/4" IRON PIPE, CAPPED, "PLS 8656",UNLESS OTHERWISE NOTEDFOUND AND ACCEPTED MONUMENT AS NOTEDLEGEND SCALE: 1" = 60'Feet0 60120
SHEET 2 OF 3
THE BEARING NORTH 89°30'37" EAST, BEING THE BEARING BETWEENTHE SOUTHWEST CORNER OF SECTION 32 AND THE SOUTHEASTCORNER OF SECTION 36, AS SHOWN ON THAT CERTAIN FINAL MAPENTITLED "SIERRA VISTA - KT PROPERTIES LARGE LOT SUBDIVISIONMAP, SUBDIVISION NO. PL15-0192," FILED FOR RECORD ONNOVEMBER 20, 2018, IN BOOK EE OF MAPS, AT PAGE 33, PLACERCOUNTY RECORDS, IS THE BASIS OF BEARINGS FOR THIS MAP.DISTANCES SHOWN HEREON ARE GROUND DISTANCES.
BASIS OF BEARINGS
1.ALL DISTANCES ARE FEET AND DECIMALS THEREOF. DUE TO ROUNDING THESUM OF INDIVIDUAL DIMENSIONS MAY NOT EQUAL THE OVERALL DIMENSION.2.TOTAL AREA FOR THIS SUBDIVISION IS 8.58 +/- ACRES, CONSISTING OF 2 PARCELS.3. PER CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP, FILE # PL21-0233, THEFINAL/PARCEL MAP SHALL INDICATE THAT WHEN PARCEL B DEVELOPS, THELANDOWNER SHALL DEDICATE A SEPARATE EASEMENT TO THE CITY OF ROSEVILLEFOR THE RELOCATED BUS STOP AND BUS SHELTER PAD DESCRIBED ABOVE. THEEASEMENT DOCUMENTS SHALL BE DRAFTED FOR APPROVAL AND ACCEPTANCE BYTHE CITY OF ROSEVILLE, AND RECORDED AT THE COUNTY RECORDER'S OFFICE.4.A SET OF CC&RS THAT AFFECT THIS PARCEL MAP ARE BEING RECORDEDCONCURRENTLY HEREWITH AS DOCUMENT # _________________________.
NOTES
(M) DESIGNATES MEASURED DISTANCE (R1)RECORD AND CALCULATED DIMENSIONS PER FINAL MAP SUBDIVISION NO.PL15-0192, FILED IN BOOK EE OF MAPS, AT PAGE 71, PLACER COUNTY RECORDS. (R2)RECORD AND CALCULATED DIMENSIONS PER SIERRA VISTA - KT PROPERTIESLARGE LOT SUBDIVISION, FILED IN BOOK EE OF MAPS, AT PAGE 33, PLACERCOUNTY RECORDS. (R3)RECORD AND CALCULATED DIMENSIONS PER RECORD OF SURVEY, FILED INBOOK 22 OF SURVEYS, AT PAGE 135, PLACER COUNTY RECORDS. (R4)RECORD AND CALCULATED DIMENSIONS PER PARCEL MAP RECORDED IN BOOK36 OF PARCEL MAPS, AT PAGE 40, PLACER COUNTY RECORDS. 1COUNTY OF PLACER, HOLDER OF AN EASEMENT FOR ROAD AND INCIDENTALPURPOSES, RECORDED DECEMBER 22, 1890, (BOOK) 55 (PAGE) 641 OF DEEDS. 2 PACIFIC GAS AND ELECTRIC COMPANY, HOLDER OF AN EASEMENT FOR PIPELINEAND INCIDENTAL PURPOSES, AS GRANTED PURSUANT TO FINAL ORDER OFCONDEMNATION IN DEED RECORDED NOVEMBER 12, 2019, (INSTRUMENT)2019-0090221, OFFICIAL RECORDS. (E)DESIGNATES EASEMENT BEARING AND DISTANCE OR REFERENCE BEARING AND DISTANCE TO SAID EASEMENT
REFERENCE
N89°30'37"E 26420.96' (M&R1)BASIS OF BEARINGS
SOUTHEAST CORNER OFSECTION 36, T. 11 N., R. 5 E.FOUND BRASS CAP IN WELLPER (R2) SECTION CORNER OF SECTION 35/36ESTABLISHED PER 80' WITNESS CORNER SOUTH ONE-QUARTERSECTION CORNER OFSECTION 35/36
N89°29'02"E 2642.10' (R1)N89°29'24"E 2642.10' (R1)N89°29'02"E 2642.10' (R2)N89°29'24"E 2642.10' (R2)SECTION CORNER OF SECTION 34/35PER (R2)SECTION CORNER OF SECTION 33/34PER (R2) N89°32'00"E5284.19' (R2)
N89°30'37"E 5284.19' (R1&R2)33343435
N89°31'08"E 2642.10' (R2)SOUTHWESTCORNER OF SEC. 32,T. 11N., R. 5E.BRASS CAP IN WELLPER (R1) SOUTH ONE-QUARTERCORNER OF SECTION 35/36
3233
N89°29'55"E 3481.02'
SECTIONCORNER OFSECTION32/33PER (R2) N89°29'55"E 5284.14' (R2) BOOK ___ OF PARCEL MAPS, PAGE ___
SEE EASEMENTS ON SHEET 3
SVSP KT-42BEING ALL OF LOT 4, AS SHOWN ON THE FINAL MAP OF SIERRA VISTA KV SIERRA VISTA,LLC, LARGE LOT SUBDIVISION, SUBDIVISION NO. PL 15- 1092, RECORDED OCTOBER 22,2019, IN BOOK EE OF MAPS, PAGE 71, PLACER COUNTY RECORDS, SITUATED INSECTION 35, TOWNSHIP 11 NORTH, RANGE 5 EAST, MOUNT DIABLO MERIDIAN.ROSEVILLE, CAAPRIL, 2025PLACER COUNTY
PARCEL MAP OF
BASE CONSULTING GROUP, INC.
SUBDIVISION NO. PL21-0233
SEE DETAIL 'A'SHEET 3
N89°44'54"E
1 2
EASEMENT FOR PUBLICUTILITIES PER (R1)EASEMENT FOR PUBLIC UTILITIESPER (R1) AND (R4) 25' 25'
WESTBROOK BOULEVARD
BASELINE ROAD
90'
90'
PARCEL A2.00 ACRES +/- NET
PARCEL B6.56 ACRES +/- NET
PUBLIC PEDESTRIAN EASEMENTPER THIS MAP
EASEMENT FOR PUBLIC UTILITIESPER (R1)PUBLIC PEDESTRIAN EASEMENTPER THIS MAP
PUBLIC PEDESTRIAN EASEMENTPER THIS MAP
PUBLIC PEDESTRIAN ACCESS EASEMENTPER THIS MAP
EASEMENT FORPUBLIC UTILITIESPER (R1)
CENTERLINE OF A 25' WIDEPUBLIC WATER EASEMENTPER THIS MAP12.5'12.5' CENTERLINE OF A 20' WIDEPUBLIC WATER EASEMENTPER THIS MAP CENTERLINE OF A 30' WIDEPUBLIC WATER EASEMENTPER THIS MAP CENTER OF A 20' WIDEPUBLIC SANITARY SEWER EASEMENTPER THIS MAP 10'10'10'10'
20' 15'15'
15'15'
10'10'
10'10'
10'10'15'15'
CENTERLINE OF A 20' WIDEPUBLIC WATER EASEMENTPER THIS MAP CENTER OF A 20' WIDEPUBLIC SANITARYSEWER EASEMENTPER THIS MAP S00°15'06"E 16.00' (E)
N00°15'06"W 12.50' (E)
N00°15'06"W 397.59' (E)
23.75' (E)
54.44' (E)
Δ=41°36'53" (E)R=19.95' (E)L=14.49' (E)CB=S69°55'20"W (E)CD=14.17' (E) S89°17'45"E 9.11' (E)Δ=49°17'28" (E)R=28.00' (E)L=24.09' (E)CB=S64°27'22"E (E)CD=23.35' (E) Δ=48°35'36" (E)R=28.00' (E)L=23.75' (E)CB=N65°27'06"E (E)CD=23.04' (E) N89°44'54"E 208.14' (E)
S89°17'49"E 26.53' (E)
Δ=99°04'33" (E)R=42.00' (E)L=72.63' (E)CB=S40°42'49"E (E)CD=63.91' (E) S08°49'27"W 53.14' (E)
S00°38'17"E 94.65' (E)
N00°38'17"W 223.31' (E)
N89°33'10"E 216.49' (E)S00°15'06"E 10.21' (E)S00°15'06"E 20.75' (E)
34.76' (E)
16.25' (E)50.00'N89°44'54"EN00°38'17"W 94.94'
S50°55'16"E 8.28' (E)
N89°44'54"E 37.27' (E)S45°15'06"E 21.33' (E)N89°44'54"E 114.06' (E) S00°15'06"E 259.83' (E)N89°44'54"E 36.23' (E)S00°15'06"E 101.17' (E) S00°15'06"E 57.71' (E)
N89°44'54"E 102.83' (E)
57.67' (E)50.43' (E)S85°31'04"E 109.06' (E)
S00°38'17"E 175.87' (E)
N89°44'54"E 208.88' (E)
S00°15'06"E 224.82' (E)
S89°44'54"W 530.73' (E)
S01°51'56"E 244.78' (E)
10'20'
10'
CENTERLINE OF A 30' WIDEPUBLIC SANITARY SEWER EASEMENTPER THIS MAP
CENTERLINE OF
CENTERLINE OF
66'
66'
50'
56'
66'
65'
S89°17'49"E 34.10' (E)
N89°33'10"E 240.00' (E)
N45°32'34"W 99.20' (E)
8.51' (E)
Δ=41°03'34" (E)R=12.05' (E)L=8.64' (E)CB=N70°07'32"E (E)CD=8.46' (E) S01°51'56"E 224.31' (E)
S12°21'48"E 51.45' (E)Δ=70°07'42" (E)R=11.00' (E)L=13.46' (E)CB=S34°25'34"W (E)CD=12.64' (E) N50°35'31"E 8.24' (E)
N00°15'06"W 29.65' (E)
S89°17'49"E 155.68' (E)
N01°51'56"W 195.41'
S00°38'17"E 120.00'
N89°21'36"E84.40'N01°51'56"W 35.28' (E)
N07°23'59"W 49.70'
195.41'
S20°30'35"E (RAD)
N01°51'56"W 49.37' (E)
S01°51'56"E 224.31' (E)
N00°38'17"W 330.88' (E)
RIGHT-OF-WAYPER THIS MAPN10°06'01"W 60.83' (M&R1)N07°23'59"W 50.64'N00°38'17"W 41.08' (E)
8.25'PUBLIC BUSSHELTER EASEMENTPER THIS MAP
685.24'N01°51'56"W 280.06' (M&R1)Δ=24°47'46"R=77.50'L=33.54'CB=N78°14'31"WCD=33.28' S00°38'17"E 729.56'
N00°38'17"W 3.91' (E)
3.91' (E)
22.09' (E)N0°38'17"W
41.08' (E)
S00°38'17"E 23.00' (E)
S00°38'17"E 3.00' (E)15.00' (E)N89°21'43"EN89°21'43"E 5.00' (E) S89°21'43"W20.00' (E)
N00°15'06"W (RAD)N50°11'22"E (RAD)N00°42'11"E (RAD)N00°42'11"E (RAD)N00°53'54"E (RAD)N40°32'26"W (RAD)S40°53'06"E (RAD) N48°50'42"W (RAD)
SCALE: 1" = 60'Feet0 60120
SHEET 3 OF 3
SEE SHEET 2 FOR REFERENCES, NOTES AND LEGENDBOOK ___ OF PARCEL MAPS, PAGE ___ SEE DETAIL 'A'THIS SHEETDETAIL 'A'SCALE: 1" = 60'
DETAIL 'B'SCALE: 1" = 10'
SEE DETAIL 'B'THIS SHEETSEE DETAIL 'B'THIS SHEET PUBLIC PEDESTRIANEASEMENTPER THIS MAP
PUBLIC BUSSHELTER EASEMENTPER THIS MAP
PUBLIC PEDESTRIAN EASEMENTPER THIS MAP
DETAIL 'C'SCALE: 1" = 30'
SEE DETAIL 'C' FOR RADIAL BEARINGSTHIS SHEET
SVSP KT-42BEING ALL OF LOT 4, AS SHOWN ON THE FINAL MAP OF SIERRA VISTA KV SIERRA VISTA,LLC, LARGE LOT SUBDIVISION, SUBDIVISION NO. PL 15- 1092, RECORDED OCTOBER 22,2019, IN BOOK EE OF MAPS, PAGE 71, PLACER COUNTY RECORDS, SITUATED INSECTION 35, TOWNSHIP 11 NORTH, RANGE 5 EAST, MOUNT DIABLO MERIDIAN.ROSEVILLE, CAPLACER COUNTY
PARCEL MAP OF
BASE CONSULTING GROUP, INC.
SUBDIVISION NO. PL21-0233
APRIL, 2025
PREPARED BY:
DATE:DRAWN BY:JOB NO.:PAGE 1 OF 104/16/2025JDK20044VICINITY MAPBASECONSULTING GROUP, INC.
N.T.S.SITEBASELINE ROAD
MARKET STREETWESTBROOK BOULEVARD
VISTA GRANDE BOULEVARD
SIERRA VILLAGE DRIVEOBERLANDERDRIVEBALLET WAY
MAMBO WAY
City Council
Communication
Meeting Date: 7/16/2025
Item #: VII.34
File #: 0800-04
Item ID: 2025-252
Title: Parking Lot at the Maidu Soccer Fields - Approval of Plans and Specifications and Authorization to Call for Bids
Contact: Nick Bumb 916-746-1313 [email protected]
SUMMARY
Staff recommends approval of the plans and specifications for the Parking Lot at the Maidu Soccer Fields project and authorize staff to call for bids. The base project includes the construction of a 35-space paved parking lot and associated drainage facilities. An alternate bid item is included to pave an additional 50 spaces, if funding allows. Construction of the base project is estimated at approximately $390,000 and construction is planned for late fall 2025 to spring 2026. This project is funded by the General Fund.
RECOMMENDATION
Staff recommends that the City Council approve the plans and specifications for the Parking Lot at the Maidu Soccer Fields and authorize staff to call for bids.
BACKGROUND
Maidu Regional Park is located at 1550 Maidu Drive and is a 152-acre site that includes a community center, library, sports courts area, four softball fields, five soccer fields, a looped trail system and a maintenance yard. The Maidu Museum and Historical Site is also located at Maidu. This park was built in phases with the earliest construction started in 1987. The park’s layout included a circular parking lot that encompasses the softball fields set in a “wagon-wheel” configuration. Half of the parking lot is paved with the other half covered with gravel and used as overflow parking. With the ongoing use of the soccer fields, it was determined that the gravel covered parking lot in front of the fields should be paved.
The base project scope includes the asphalt paving and striping of a portion of an existing gravel lot located near the soccer fields in Maidu Park for 35 new parking spaces with an alternative to pave and stripe the remaining gravel lot for an additional 50 parking spaces if bids are favorable and the budget allows. The lot is currently unpaved and unstriped and provides parking for cars near the soccer fields and overflow for park users visiting other park facilities.
In addition to paving the existing gravel parking lot, the project includes the installation of drainage facilities, including a vegetated swale and a bioretention basin, to comply with stormwater prevention requirements. Both the vegetated swale and the bioretention basin will discharge into the existing storm drain after first being filtered by the media from the facilities. Construction of the vegetated swale will require trenching from the parking lot facility north to Johnson Ranch Drive.
Construction of the Project is anticipated to begin in late fall 2025 and be completed by spring 2026. Construction plans and specifications for the project have been completed and are attached.
FISCAL IMPACT
The base project is estimated to cost $390,000 and will be funded by the General Fund. Once actual construction costs are known, staff will bring before Council the recommendation to award either the base bid (35 spots) or base bid plus alternate bid item (35 plus the additional 50 spots) with award of the construction contract. A budget adjustment may be recommended at contract award to cover additional costs, if necessary.
ENVIRONMENTAL REVIEW
The proposed project involves the minor alteration of an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
4. Invest in well-planned infrastructure and growth
Respectfully Submitted,
Nick Bumb, Associate Engineer
Jason Shykowski, Public Works Director
ATTACHMENTS:
1. Parking Lot at Maidu Soccer Fields - Location Map
2. Parking Lot at Maidu Soccer Fields - Plans
3. Parking Lot at Maidu Soccer Fields - Project Manual
4. Notice of Exemption
REVIEWERS:
Nick Bumb, Public Works Department - Engineering - Traffic Engineering Created/Initiated - 5/8/2025 Jesse Khatkar, Public Works Department - Engineering - Traffic Engineering Approved - 6/25/2025 Noah Siviglia, Public Works Department - Engineering - Traffic Engineering Approved - 6/26/2025 Stefanie Kemen, Public Works Department - Engineering - Traffic Engineering Approved - 6/27/2025 Gretchen Hakala, City Attorney Department Approved - 6/27/2025 Katrina Six, City Clerk Department Approved - 6/27/2025 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 6/30/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 7/1/2025 Michelle Sheidenberger, City Attorney Department Approved - 7/1/2025 Dominick Casey, City Manager Department - City Manager Approved - 7/2/2025 Katrina Six, City Clerk Department Final Approval - 7/3/2025
JOHNSON RANCH DR
MCLAREN DR
ROCKY RIDGE DR
MAIDU REGIONALPARKAREA OFWORK
LOCATION MAPDRAWN: E. DEMYANENKONONEMAY 2025DATE:SCALE: ENGINEERING DIVISIONPUBLIC WORKS DEPARTMENTCAPITAL IMPROVEMENT PROJECTS REVIEWED: N. BUMB
LEGEND:
8" DECIDUOUS8" DECIDUOUS4" DECIDUOUS4" DECIDUOUS8" DECIDUOUS12" DECIDUOUS 12" DECIDUOUS4" DECIDUOUS
12" DECIDUOUS12" DECIDUOUS12" DECIDUOUS12" DECIDUOUS10" DECIDUOUS10" DECIDUOUS12" DECIDUOUS8" DECIDUOUS12" DECIDUOUS12" DECIDUOUS14" DECIDUOUS10" DECIDUOUS4" DECIDUOUS4" DECIDUOUS4" DECIDUOUS24" CONIFEROUS24" CONIFEROUS24" CONIFEROUS14" CONIFEROUS24" CONIFEROUS20" CONIFEROUS20" CONIFEROUS8" CONIFEROUS18" CONIFEROUS18" CONIFEROUS18" CONIFEROUS20" CONIFEROUS20" CONIFEROUS12" CONIFEROUS24" CONIFEROUS18" CONIFEROUS30" CONIFEROUS18" CONIFEROUS30" CONIFEROUS30" CONIFEROUS 10" DECIDUOUS12" DECIDUOUS12" DECIDUOUS12" DECIDUOUS
(E) GRAVEL LOT
(E) GRAVEL LOT(E) PCC PATH
(E) MAINTENANCESTRUCTURE
(E) PAVED ROAD
(E) BIKE PATH
(E) BIKE PATH
(E) BASEBALLFIELD
℄ (E) BIKE PATH
STOP
DO NOT ENTERSTOP
2 ACCESSIBLESPACES
18 PARKING SPACES AT 9'-0" MIN.
11 PARKING SPACES10 PARKING SPACES
29'
36'-9"
(E) PAVED ROAD8 PARALLEL PARKING SPACES
27'SEE 2/LS4-1SEE 1/LS4-1
SEE 6/LS4-1
HMAPARKING LOT
HMAPARKING LOT21'-0"MIN. 19'26'19'
20'-11"
2 ACCESSIBLESPACES
SEE 5/LS4-1
(E) GATETO REMAIN
4 PARKINGSPACES AT 9'-0" MIN.TRUNCATED DOMES. SEE 5/LS5-1 TRUNCATED DOMES. SEE 5/LS5-1
TRUNCATED DOMES. SEE 5/LS5-1(E) CROSSWALK
4'-0"R12'
19 PARKING SPACES AT 9'-0"
5'-10"±
℄ (E) BIKE PATH
12" CROSSWALK STRIPE EA. SIDE.
12" CROSSWALK STRIPE EA. SIDE.
FLEXIBLE BOLLARD PER SECTION 13-4 OF DESIGNSTANDARDS, TYP. EA. END. CTR'D IN CROSSWALKR6-1 ONE WAY SIGNR5-1 DO NOT ENTER SIGN 19'
4" EDGESTRIPE
TYPE I 10'-0" ARROW PER CALTRANS 2022STANDARD PLAN A24A, TYP. 8 PARKINGSPACES AT 9'-0"
ADDITIONAL ALTERNATEPARKING AREA
Scale: 1" = 40'-0"EXISTING PARKING LOT PLAN1 Scale: 1" = 40'-0"PROPOSED PARKING LOT PLAN2 NOTES:1. PROVIDE DOUBLE PARKING LINES SHOWN PER 3/LS4-1.2.PROVIDE HATCHED AREAS SHOWN PER 4/LS4-1.3.PROVIDE WHEEL STOPS AS SHOWN PER 6/S5-1.4.SEE CIVIL DRAWINGS FOR DETAILS NOT SHOWN.
9'9'9'9'9'9'±9'-3"
19'HH(VAN)NO PARKING8'-6"13'-6"
3'
STOP
9"2'-5"9'19'
9'±9'-4"
8'R6'±14'-0"±6'-11"
4'2'2'
R6'±2'-7"
±12'-6"±7'-5"
9'
9'±8'-6"
±5'-11"
±7'-6"±5'-6"
5'-4"
EQ13'-0" MIN.34'EQ13'-0" MIN.
12'-9"
28'-1"18'-034"13'-7"
R17'
R17'
9'-7"19'-214" 26'-1112"
SEE PLANSEEPLAN4" WIDE STRIPE
3'MAX45°HATCH STRIPINGTO BE WHITEBORDER STRIPING TO BEWHITE, UNLESS AT ACCESSIBLEAISLE SHALL BE BLUE. SEEACCESSIBLE NOTE 5/LS5-01. 19'9'
1'-8"OUTSIDE DIM.4" WIDE STRIPE
HNO PARKING(VAN)
9'9'9'9'
9'
21'18'3'
9'-434"9'-5"9'-5"
9'-434"9'-5"
H
20'
20'
3'15' MAX. CENTER TO CENTER(UNLESS SPECIFIED OTHERWISE) 2'-6"2'-6"6" 4"
4"2"2" MAX. SAGAT CENTER6"2'-6"2'-6"
1" BEVEL 45°12" DIA. DRILLED HOLE38" DIA. SEVEN STRANDGALVANIZED WIRE ROPE6" x 6" x 5'-0" POST, TYP.FINISHED GRADE90% COMPACTED SUBGRADE1'-10" MIN.AT CENTERBETWEEN POSTS 12" x 8" GALVANIZEDEYE-BOLT W/ 1" I.D., TYP.;COUNTERSINK 34".WIRE CLIPS(SEE NOTE BELOW) NOTES:1.PROVIDE CONCRETE FOOTINGS AT ALL END POSTS, AT ALL BENDS, AND ASSPECIFIED ON APPROVED PLANS.2.ALL POSTS TO BE PRESSURE TREATED DOUG FIR; ROUGH CONSTRUCTION GRADE,BROWN.3.USE 38" x 2" GALVANIZED WIRE ROPE CLIPS FOR CONNECTIONS AND SPLICES. ALLCLIPS SHALL BE PLACED WITH NUTS FACING DOWN.1'-6" DIA.TYP.
BOTTOM RAIL. SEE 2/C5-1.
Scale: 1" = 10'-0"PARALLEL PARKING ENLARGED PLAN - ADD ALTERNATE1 Scale: 1" = 10'-0"ACCESSIBLE PARKING ENLARGED PLAN - ADD ALTERNATE2 4" WHITE STRIPE4" WHITE STRIPE
Scale: 1" = 10'-0"TYPICAL PARKING STALL PLAN3Scale: 1" = 10'-0"TYPICAL PARKING HATCH DETAIL4 TRUNCATED DOMES SEE 5/LS5-1.
"NO PARKING" LETTERS 12" MIN. HEIGHT
PARKING HATCH PER 4/LS4-1, TYP.
PARKING HATCH PER 4/LS4-1, TYP.DBL LINES PER 3/LS4-1
"NO PARKING" LETTERS 12" MIN. HEIGHTDBL LINES PER 3/LS4-1, TYP. 4" WHITE STRIPE, TYP.4" WHITE STRIPE
Scale: 1" = 10'-0"DIAGONAL PARKING ENLARGED PLAN6
TYPE I 10'-0" ARROW PER CALTRANS2022 STANDARD PLAN A24A, TYP. "NO PARKING" LETTERS 12" MIN. HEIGHT
TYPE VII (L) ARROW PER CALTRANS2022 STANDARD PLAN A24APARKING HATCH PER 4/LS4-1, TYP.
PARKING HATCH PER 4/LS4-1, TYP.DBL LINES PER 3/LS4-1, TYP.
Scale: 1" = 10'-0"ACCESSIBLE PARKING ENLARGED PLAN5
INTERNATIONAL SYMBOL OF ACCESSIBILITY(ISA). SEE 1/LS5-1. CENTER HORIZONTALLYON SPACE. ALIGN BOTTOM OF SYMBOLWITH FRONT OF SPACE.ISA PARKING SIGN R99C. SEE2/LS5-1.ISA PARKING SIGN R99C W/ VANACCESSIBLE SIGN R7-8b. SEE 2 &3/LS5-1.
Scale: 1/2" = 1'-0"POST AND CABLE FENCE (PK-41) MODIFIED7 PROVIDE NEW CABLE RAIL PER DETAIL 7/LS4-1
PROVIDE ADA ACCESS THROUGHCABLE RAIL
INTERNATIONAL SYMBOL OF ACCESSIBILITY(ISA). SEE 1/LS5-1. CENTER HORIZONTALLYON SPACE. ALIGN BOTTOM OF SYMBOLWITH FRONT OF SPACE.
ISA PARKING SIGN R99C W/ VANACCESSIBLE SIGN R7-8b. SEE 2 &3/LS5-1.ISA PARKING SIGN R99C. SEE2/LS5-1.PARKING HATCH PER 4/LS4-1, TYP.
TRUNCATED DOMES. SEE 5/LS5-1.
ACCESSIBLE AISLE
ACCESSIBLE AISLE
WHEEL STOP. SEE 6/LS5-1, TYP.
WHEEL STOP. SEE 6/LS5-1, TYP.
END POSTS PER 7/LS4-1, EA. SIDE.
END POSTS PER 7/LS4-1, EA. SIDE. TYPWHEEL STOP. SEE 6/LS5-1, TYP.FLEXIBLE BOLLARD PER SECTION13-4 OF DESIGN STANDARDS PROVIDE ADA ACCESS THROUGHCABLE RAILFLEXIBLE BOLLARD PER SECTION13-4 OF DESIGN STANDARDS
4'-5"2'-812"
3'4'-5"4"4"4" 4"
WHITEBLUE
PARKINGONLYMINIMUMFINE $250
2'114"2"2"3"3"8"12"12"112"34" 34"12"
1'
VANACCESSIBLE
6"1" MIN.1 12" MIN.
1'
12", TYP.
OLDCASTLE PRECASTBUMPER CURB - 6'-0" LONG#4 x 1'-6" REBARASPHALT PAVING PER PLAN 2' PARKING STALL END STRIPEEDGE OF PAVEMENT
PLAN
SECTION
NOTES:1.TRUNCATED DOME MATERIAL SHALL BE OF VITRIFIED POLYMERCOMPOSITE CONSTRUCTION, EMBBEDDED TYPE, MANUFACTURED BY:ARMOR TILE TACTILE SYSTEMS (BUFFALO, NY); ADA SOLUTIONS (N.BILLERICA, MA); OR APPROVED EQUAL. DIMENSIONS AND INTERVAL OF THETRUNCATED DOMES WITHIN THE PANEL SHALL CONFORM TO CALTRANSSTANDARD PLAN RNSP A88A AND DSA ACCESSIBILITY REFERENCEMANUAL, FIGURE NO. 31-23A. THE ORIENTAION OF THE DOME PATTERN FORALL PANELS SHALL BE PARALLEL WITH THE PANEL EDGES.2.TRUNCATED DOMES SHALL BE SET INTO MINOR CONCRETE PAD.3."MINOR CONCRETE" IS DEFINED IN SECTION 17-5B OF THE CITY OFROSEVILLE CONSTRUCTION STANDARDS.4.ASSURE GRADES CONFORM TO CITY REQUIREMENTS.
EDGE OF CONCRETE PAD3"3'
3" 3"VARIES, SEE PLAN.
3"
TRUNCATED DOMES
Scale: 1" = 1'-0"ISA PAVEMENT MARKING - A24C1
Scale: 3" = 1'-0"ISA PARKING SIGN R99C2
Scale: 3" = 1'-0"ISA VAN ACCESSIBLE SIGN R7-8b3
ACCESSIBLE NOTES: 1.In each parking stall, a curb or parking bumper shall be provided if required to prevent encroachment of vehicles over therequired width of walkways.2.Parking spaces and access aisles shall be level with surface slopes not exceeding 1.5% in all directions.3.Where stall signs are installed, the bottom of the sign or plaque panel shall be a minium of 7'-0" above the surroundingsurface.4.Where symbols consist of a white figure on a blue background, blue shall approximate FS 15090 in Federal Standard 595C.5.Access aisles shall be marked with a blue (see Note 4) painted borderline around the perimeter.6.All accessible parking identification signs shall be reflectorized per CBC 11-B.502.6.1.
Scale: 1" = 1'-0"WHEEL STOP DETAIL6
Scale: 1" = 1'-0"TRUNCATED DOME DETAIL5
(E) PAVED ROAD
ASPHALTPARKING LOT
ASPHALTPARKINGLOT15'15'35'
LEGEND: PAVING AT PARKING SPACES. SEE10A/C5-1.PAVING AT DRIVE AISLES. SEE10B/C5-1. 16'16'
REBAR w/ CAP
MINOR CONCRETE PAD.SEE 5/LS5-1.
ADDITIONAL ALTERNATEPARKING AREASEE 4/C4-1
TRACKING CONTROL PAD. SEENOTE 3.
43'-5"25'-6"
12" CMP CULVERTFL ELEV = 173.48'
CP# 100
REBAR w/ CAP
CP# 101SCRIBED "X"
8" CONCRETEMOW BAND
12" CONCRETEMOW BAND
DRAIN INLETRIM = 170.78'INV = 164.73DRAIN INLETRIM = 170.91'INV = 165.20
CONCRETESWALESIGNNO DOGSSIGNNO DOGSSIGNSOCCERSIGNWELCOME DRAIN INLETRIM = 170.78'INV = 163.73'DRAIN INLETRIM = 170.78'INV = 162.81(E) PAVED ROAD
ASPHALTPARKING LOT
ASPHALTPARKINGLOT176
175
177177176175174.63
(E)18" Ø SD
LEGEND: PAVING AT PARKING SPACES. SEE10A/C5-1.PAVING AT DRIVE AISLES. SEE10B/C5-1. 6" Ø SD x 75'-0"CONNECT TO (E) DIINV = 167.95(E)18" Ø SD CP# 100
REBAR w/ CAP
6" Ø PP x 35'-0"BIORETENTION BASIN.SEE 3/C4-1.
ADDITIONAL ALTERNATEPARKING AREASEE 4/C4-1
TRACKING CONTROL PAD. SEENOTE 3.GRADING AND DRAINAGE NOTES: 1.EXCAVATION SHALL BE DONE WITH CARE THAT NOEXISTING UTILITIES OR OTHER INFRASTRUCTURE AREDAMAGED.2.EDGE OF PAVEMENT ELEVATIONS TO MATCH EXISTINGELEVATIONS U.N.O.3.REMOVE TREES AS NECESSARY TO INSTALL STORMDRAIN SYSTEM.4.SEE 1/C4-1 FOR WATER TREATMENT INFORMATION.
Scale: 1" = 40'-0"GRADING AND DRAINAGE PLAN1 Scale: 1" = 40'-0"PAVING PLAN2 PAVING NOTES:1.ALL ASPHALT CONCRETE (AC) AND AGGREGATE BASE (AB) MATERIALS SHALL MEETTHE SPECIFICATIONS SET FORTH IN SECTION 71-5 OF THE 2023 CITY OF ROSEVILLEDESIGN AND CONSTRUCTION STANDARDS.2.CONCRETE MATERIAL FOR DROP INLET APRONS SHALL MEET THE SPECIFICATIONSFOR DRIVEWAYS SET FORTH IN SECTION 71-5.B OF THE 2023 CITY OF ROSEVILLEDESIGN AND CONSTRUCTION STANDARDS.3.REMOVE 8" OF (E) BASE ROCK MIX. REPLACE W/ 8" DRAIN ROCK OVER 1 LAYER OFFILTER FABRIC. WHERE ADDITIONAL ALTERNATIVE IS EMPLOYED, THIS ITEM ISREMOVED FROM THE CONTRACT.GRADING AND DRAINAGE ABBREVIATIONS: DIDROP INLETINVINVERSE ELEVATIONPPPERFORATED PIPERIMRIM ELEVATIONSDSTORM DRAIN MATCH LINESEE 1 & 2/C4-1 (ADD-ALTERNATE)
175
176177175
172173174175176177178
175
175176177(E) PLAYSTRUCTURESTA 2
STA 3
STA 4
STA 1EXTENT OFSURFACE GRADING
JOHNSON RANCH DRIVE
3C5-1175174176176177
177 172173174175176177178
175
175176177
(E) SDMHRIM 170.85INV 166.01
18" SQ DIRIM - 173.6INV - 171.6
CONNECT TO(E) SDMHINV = 168.00CLEAN OUTRIM = AT GRADEINV = 168.258" Ø SD x 15'-0"± BIOSWALE STARTEL = 174.4
5'5'150' 5'
STA 2
STA 3
STA 4
STA 1BASE OF BIOSWALEEXTENT OFSURFACE GRADING
JOHNSON RANCH DRIVE
8" Ø SD x 85'-0"±
1C4-2
SET TOP OF (E) GRATE TO 312""ABOVE ADJACENT GRADE
174.63
OVERFLOW / CLEANOUTRIM =174.55GRADE = 174.05INV = 171.80 CLEAN OUTRIM AT GRADEINV = 171.8026'17'-8"174.0514'-10" 40'5'4C5-1
40'
47'
18'28'31'(E)
MINOR CONCRETE PAD.SEE 5/LS5-1.ASPHALTPARKING LOT
LEGEND: PAVING AT PARKING SPACES. SEE10A/C5-1.PAVING AT DRIVE AISLES. SEE10B/C5-1.
GRADING AND DRAINAGE NOTES: 1.(E) UTILITIES AT NEW STORM DRAIN LINE EXIST ANDMUST BE IDENTIFIED PRIOR TO EXCAVATION.2.EXCAVATION SHALL BE DONE WITH CARE THAT NOEXISTING UTILITIES OR OTHER INFRASTRUCTURE AREDAMAGED.3.REMOVE TREES AS NECESSARY TO INSTALL STORMDRAIN SYSTEM.4.ALL PIPE TRENCHES TO BE COMPACTED TO 95%RELATIVE COMPACTION.
Scale: 1" = 20'-0"BIOSWALE DEMOLITION PLAN - ADD-ALTERNATE1 Scale: 1" = 20'-0"BIOSWALE GRADING AND DRAINAGE PLAN - ADD-ALTERNATE2 GRADING AND DRAINAGE ABBREVIATIONS: DIDROP INLETINVINVERSE ELEVATIONRIMRIM ELEVATIONSDSTORM DRAINSDMHSTORM DRAIN MAN HOLE MATCH LINESEE SHEET C1-1SEE SHEET C1-1MATCH LINE
Scale: 1" = 10'-0"BIORETENTION GRADING AND DRAINAGE PLAN3 MATCH LINESEE 1 & 2/C4-1 (ADD-ALTERNATE)
Scale: 1" = 10'-0"ADDITIONAL ALTERNATE PAVING PLAN4
174175174.5173.5
BASE ELSTAMAX WATER ELMAX WATER HT. (FT)MAX. WATER AREA (FT2) WETTED PERIMETER (FT)EDGE OFROADWAY174.4174.610.208STA 013.15121.25173.6173.90.298STA 043.51313.58
BEGIN VEGETATED SWALE
176175.5174.13147.610.278STA 024.00118.83173.87174.170.301STA 033.55813.62 VEGETATED SWALE ELEVATION NOTES: 1.SEE C1-1 AND C4-1 FOR ELEVATIONS NOT SHOWN.2.VEGETATED SWALE CUT BANKS TO BE SLOPED 3:12.
Vert. Scale: 1" = 1'-0"; Hor. Scale: 1" = 10'-0"VEGETATED SWALE 1 ELEVATION1
0.35' HOT MIX ASPHALT0.5' RECYCLED BASE0.35' HOT MIX ASPHALT0.25' IMPORTED AGGREGATE BASE0.5' RECYCLED BASENOTES:1.SEE 2023 CITY OF ROSEVILLE CONSTRUCTION STANDARDS FORASPHALT AND AGGREGATE BASE SPECIFICATIONS.2.RECYCLED BASE TO BE OBTAINED FROM TOP 6" OF IN-SITUAGGREGATE TO BE STOCKPILED DURING GRADING OPERATIONS.
FINISHED GRADE PER PLAN
SECTION 1ASECTION 1B
NOTES:1.ALL LUMBER SHALL BE REDWOOD, ROUGH CONSTRUCTION HEART GRADEPER CA REDWOOD ASSN. GRADING RULES.2.ALL SCREWS TO BE SIMPSON DSV OR APPROVED EQUAL.3.SCREW SHALL BE EMBEDDED INTO CONNECTING MEMBER 112" MIN.4.INSTALL ALL STAKES AND SPLICES ON PLANTER SIDE OF HEADERBOARD.5.USE TWO 1x6 REDWOOD ON ALL CURVES (WHERE NECESSARY).6.STAKE NOT REQUIRED WHERE CABLE RAIL POST OCCURS. 2x6 HEADERBOARDFLUSH W/ PAVEMENTNEW PAVEMENTSEE PLAN2x2 x 1'-6" REDWOOD STAKESAT 4" o.c.
CABLE RAIL POST,WHERE OCCURS
EXISTING TOPSOIL(2) #10 x 3" WOOD SCREWSEA. STAKE.
HEADERBOARD SPLICE DETAILHEADERBOARD1x6 x 2'-0" SPLICE BOARD,CTR'D ON SPLICE2" MIN.TYP. 1"
1" MIN.1" MIN.2" MIN.TYP.#8 x 112" WOOD SCREW, TYP.
EXISTING PAVEMENT6" MIN.8" MAX.ADD 2x8 BOTTOM RAIL
END OF ADJOINING BOARDAND ℄ POSTAAA-A78"#10 x 3" WOOD SCREW, TYP.2" MIN. NOTES:1.SEE CITY OF ROSEVILLE CONSTRUCTION STANDARDS SECTION 71-4.C FORINSTALLATION OF APRON CONCRETE.2.SEE CITY OF ROSEVILLE CONSTRUCTION STANDARDS SECTION 101 FORDRAINAGE DETAILS NOT SHOWN.3.FOR RAISED EXISTING STORM DRAIN, SLOPE APRON AWAY FROM DRAIN;SLOPE AS NECESSARY TO MEET GRADE. INCREASE APRON WIDTH WHERESLOPE IS GREATER THAN 8%.4.PROVIDE "NO DUMPING" PER ROSEVILLE STANDARD DETAILS DR-20 DI BOX PER PLAN1'TYP.1'TYP.2%, TYP.SEE PLAN
GRATE
DRAIN PIPE
CONCRETE APRONPLAN VIEW
SECTION
14, MIN.TOPSOIL/ COMPOSTBIORETENTION SOIL MEDIA (BSM)
PEA GRAVEL34" WASHED GRAVEL
CLEANOUT
FILTER FABRICPERFORATED PIPE. SEE PLAN.NOTES:1.SEE PLANS FOR DIMENSIONS AND DETAILS NOT SHOWN.2.SEE 2023 CITY OF ROSEVILLE CONSTRUCTIONSTANDARDS FOR MATERIALS NOT SPECIFIED.3.BSM SHALL CONSIST OF 60% SAND (ASTM C33) AND 40%COMPOST OR TOPSOIL.4.GRADING TO CONFORM TO SURROUNDING AREA5.ALL IRRIGATION SHALL BE LOCATED OUTSIDE OF THEBASIN.6.THE OVERFLOW INLET SHALL HAVE A SCREEN WITH 5mmMAX OPENINGS TO PREVENT TRASH FROM ENTERINGTHE SYSTEM. 3"6"
3"1'-6"1'-0"14, MIN.OVERFLOW STRUCTURE6" PVC6"
Scale: 1" = 1'-0"PAVING SECTION DETAIL1
Scale: 1" = 1'-0"PAVING EDGE DETAIL2
Scale: 1" = 1'-0"LANDSCAPE INLET DETAIL3
Scale: 1/2" = 1'-0"BIORETENTION BASIN SECTION4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Buildings & Grounds
Project Manual
Name of project:
Parking Lot at the Maidu Soccer Fields
Department:
Public Works
PARKING LOT AT MAIDU SOCCER FIELDS
Project Approvals
APPROVAL RECOMMENDED BY:
_______________________________________________
NOAH SIVIGLIA, P .E.
PRINCIPAL ENGINEER
CITY OF ROSEVILLE
RCE 87197
APPROVED BY:
_______________________________________________
JASON SHYKOWSKI, P .E.
PUBLIC WORKS DIRECTOR
CITY OF ROSEVILLE
RCE 58234
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] T
ABLE OF CONTENTS
P agination Notation
N otice to Contractors NTC
Instructions to Bidders INT
Proposal PROP
Insurance Broker Information Packet INS
General Conditions for Buildings and Grounds GC
Supplemental Conditions SC
Specifications SPEC
Drawings DRAW
Assembly Bill No. 626 AB 626
CITY OF ROSEVILLE
DEPARTMENT OF PUBLIC WORKS
Name of Project: Parking Lot at the Maidu Soccer Fields
NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN THAT sealed Proposals will be received at the Office of the City Clerk, 311 Vernon Street, Roseville, California, until ___________________________ at 3:00 p.m. Late Proposals will be rejected. No exceptions.
The Proposals will be publicly opened and read by the City Clerk or designee of the City of Roseville at 3:05 p.m. on _____________________, 20__ at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project:
_____________________________________________________________________________.
A pre-bid meeting will be held at ____________________________________________ ______________________________________________.
A Project Manual, including all Contract Documents and the Proposal forms for bidding this project, may be obtained on-line from the City of Roseville’s website at https://www.roseville.ca.us/business/procurement_services/bids_rfps. All communications relative to this project shall be conducted through Public Purchase.
Bids shall be submitted on the City’s Proposal Forms included in the Project Manual, plainly endorsed with the Bidder’s name together with signed acknowledgement of any and all addenda. Proposal Forms shall be securely sealed in a suitable envelope marked with the name and address of the Bidder, and marked in capital letters on the front and back of the envelope as NTC - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
follows:
PARKING LOT AT THE MAIDU SOCCER FIELDS
(Name of Bidder)
(Address of Bidder)
Whether mailed or personally delivered, all bids shall be addressed to the City of Roseville, Office of the City Clerk, 311 Vernon Street, Roseville, California, 95678.
Each bid must be accompanied by a Bid Guaranty in the form of a Certificate of Deposit, Certified or Cashier’s Check, Bidder’s Bond or Irrevocable Standby Letter of Credit in an amount equal to at least ten percent (10%) of the Bidder’s Grand Total Price. The Bid Guaranty will be retained by the City and applied to any and all damages sustained by the City in the event that the successful Bidder fails or refuses to enter into the Contract awarded to it and to furnish all required bonds and Certificates of Insurance. The City intends to award the Contract to the lowest responsible Bidder based on the Grand Total Bid Price for all components of the Project.
To the extent allowed by law, the City reserves the right to reject any and all bids and/or to waive any irregularities or informalities in any bid or in the bidding procedure. The City specifically reserves the right to not award the Contract after the opening of bids.
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid by the submission deadline. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline submission of bids NTC - 2
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nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.
Bids will be examined and reported to the City Council within sixty (60) business days after the bid opening. Except as permitted by applicable law, no Bidder may withdraw its bid for a period of sixty (60) business days after the date of bid opening. Each Bidder will be notified of any award of the Contract by the City.
The City will affirmatively ensure non-discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status in the award and administration of contracts that it awards.
Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City withholding retention of payments during the Project.
The City has determined that the Contractor shall possess a valid Class A, General Engineering Contractor's license at the time that the bid is submitted, as well as any other license classification as may be required by the laws of the California for the performance of the work specified in the Contract Documents. Said license shall be maintained during the Contract period. Failure to possess the specified license shall render the bid nonresponsive and will act as a bar to the award of the Contract to any Bidder not possessing such a license at the time of bid submittal. The Contractor shall provide certification of the license, its number and the expiration date on the proposal form.
The work is to be done in Placer County. Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the NTC - 3
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NTC - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] work is to be done to be as determined by the Director of Industrial Relations of the State of California. The Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 5 “Legal Relations and Responsibility” of the General Conditions.
Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 or exempt from registration requirements pursuant to Labor Code Section 1725.5(f). It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform work pursuant to Labor Code Section 1725.5 at the time the contract is awarded or is exempt from registration requirements pursuant to Labor Code Section 1725.5(f). The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Vehicles with a GVWR greater than 8,500 lbs. and light – duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions and air pollutants. For more information, please visit the CARB Advanced Clean Fleets
NTC - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. In addition, certain off-road diesel vehicles may be subject to the CARB In-Use Off-Road Diesel-Fueled Fleets Regulation. For more information, please visit the CARB In-Use Off-Road Diesel-Fueled Fleets Regulation webpage at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled- fleets-regulation.
All questions prior to the deadline for bid submissions shall be directed to the attention of ______________________________ via ________________________________ at _______________________________. The deadline for submissions of questions and clarifications regarding the Contract Documents is _______ calendar days before the deadline for bid submissions. Only Addenda issued by the City are binding. ___________________________________
City Clerk, City of Roseville
Dated: _____________________________
Published: __________________________
INT - 1
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I NSTRUCTIONS TO BIDDERS
S ECTION 1. GENERAL
1-1.01 GENERAL. These Instructions to Bidders form a part of the Contract Documents. Capitalized terms are defined in the General Conditions Section 1. 1-1.02 EXAMINATION OF PLANS, CONTRACT DOCUMENTS AND
SITE OF THE WORK. The Bidder shall examine carefully the site of the Work and all the Contract Documents, including these Instructions to Bidders, and shall inform itself of the conditions relating to the execution of the Work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the Work in strict accordance with the Contract Documents. Conditions relating to the execution of the Work include the requirements of federal, state, and local laws, statutes and ordinances relative to the execution of Work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public, employee health and safety, and environmental protection.
T he submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work to be performed, the quantities of materials to be furnished, and as to the requirements of all the Contract Documents.
1 -1.03 EXISTING INFORMATION. Where the Department has made investigations of site conditions, including subsurface conditions in areas where Work is to be performed under the Contract, such investigations are made only for the purpose of study and design. City does not represent that such conditions as found in these investigations or inferences or conclusions drawn as a result of these investigations will represent actual site
INT - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] conditions and hereby disclaims any liability as a result of Contractor’s or Bidder’s reliance on such investigations. City will presume that all Bidders have conducted their own site investigations, including investigations of subsurface conditions. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to the conditions set forth in these Instructions to Bidders. Such inspection of records may be made only at the location noted above. The records of such investigations are not a part of the Contract Documents and are shown solely for the convenience of the Bidder or Contractor. The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the investigations made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. The City makes no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.
N o information derived from such inspection of records of investigations or compilation thereof made by the City, the Department or from the Engineer, or his or her assistants, will in any way relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling the terms of the Contract.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 2: BID REQUIREMENTS
2 -1.01 PROPOSAL FORMS. The Department will furnish to each Bidder standard Proposal Forms, which, when filled out and executed may be submitted as the bid.
Proposals shall include all pages in the Project Manual with page numbers marked “PROP” plus the Addendum acknowledgment form (front sheet) from all Addenda received by the Bidder.
Proposals shall be removed from the Project Manual. The full Project Manual shall not be submitted with the proposal. Bids not presented on forms so furnished will be disregarded.
T he Proposal and one (1) copy thereof shall be submitted as directed in the “ Notice to Contractors” under sealed cover plainly marked as a Proposal, and identifying the project to which the Proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.
All blank spaces in the Proposal must be completed, as required, in ink. All price information shall be shown, clearly legible, in figures where required.
The Bidder shall sign the Proposal in the blank space provided therefor. If the Bidder is the sole owner, the Proposal shall be signed by the owner. If the Bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Proposal shall be signed by at least two officers authorized to sign contracts on behalf of the corporation.
If the Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Proposal shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2 -1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.
A ny unauthorized conditions or qualifications entered on, or changes made to, the Proposal may render it invalid and may cause its rejection.
No telegraphic, telephonic, or facsimile or other electronically transmitted bids will be considered.
2 -1.03 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each Proposal shall list the name, address and Contractor license number of each Subcontractor to whom the Bidder proposes to subcontract portions of the Work in an amount in excess of one- half of one percent (0.5%) of its total bid, in accordance with Section 4100 to 4114, inclusive, of the Public Contract Code for the State of California. The Bidder shall list the Subcontractor’s license number and the portion of the Work that will be done by each Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work, the Bidder agrees to perform that portion of the Work itself, and represents that it is qualified to perform that portion of the Work itself. The Bidder's attention is invited to other provisions of the Public Contract Code related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions. 2 -1.04 CONTRACTOR’S LICENSING LAWS. Attention is directed to the
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] provisions of Business and Professions Code Chapter 9 of Division 3 concerning the licensing of Contractors.
All Bidders at the time of bid submittal shall be licensed as Contractors in accordance with the laws of this State. Any Bidder or Contractor not so licensed is subject to the penalties imposed by such laws. The form of Contractor's license required is stated in the Notice to Contractors, provided that the City makes no representation as to whether the State may require other or additional licenses. It is the Bidder's and Contractor's responsibility to obtain the correct Contractor's licenses. Bidders shall be skilled and regularly engaged in the general class or type of Work called for under this Contract.
All Bidders and Contractors, including Subcontractors, shall have a current City business license before undertaking any Work.
2 -1.05 NONCOLLUSION DECLARATION. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the Bidder has not, directly or indirectly, included or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder.
B idders shall submit a p roperly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP- 11).
2 -1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified,
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
2 -1.07 PROPOSAL GUARANTY. All bids shall be accompanied by one of the following forms of Bidder's security: Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City of Roseville, or any other form of security deemed acceptable by the City Attorney. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one of the form of Bidder's security is enclosed with it.
A Bidder's bond shall conform to the City's bond form in the Proposal and shall be properly filled out and executed.
2 -1.08 SCHEDULE OF BID PRICES. Bidders are directed to submit unit and lump sum prices for all Work set forth in the Contract Documents on the Proposal Form entitled “Schedule of Bid Prices.”
U nit prices and lump sum prices, as indicated, must be entered in the appropriate spaces provided in the Schedule of Bid Prices. If applicable, unit prices shall be multiplied by the quantities shown, and the total shall be inserted in the Amount column. In the event of any error or discrepancy between the unit price and the calculated amount, the unit prices shall govern.
The City may correct any mathematical errors apparent on the face of the bid.
The amounts shown in the Amount column must be added together in arriving at the Grand Total Bid Price.
Amounts for Allowance bid items must be entered in the exact amount in the Amount column.
The prices included within the Schedule of Bid Prices shall include all costs for labor,
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and all other costs necessary to perform the Work in accordance with the Contract Documents.
The Grand Total Bid Price shall be indicated in the Summary table form included with the Schedule of Bid Prices. The Grand Total Bid Price shall be the sum of the amounts bid for each of the designated portions of the Work, as more specifically described on the Schedule of Bid Prices form itself.
Full compensation for complying with the Contract Documents, including requirements of the Standard Specifications, the General Conditions, Supplemental Conditions, and all warranties, shall be considered included in the bid items and no additional compensation shall be allowed therefor.
Full compensation for completion of all work as shown on the plans, as specified in the Specifications, and as directed by the City, shall be considered included in the bid items and no additional compensation shall be allowed.
Bidders are strongly discouraged from submitting unbalanced bids. As used herein, the term “unbalanced bid” is defined as any bid that does not include a reasonable proportionate allocation of indirect costs and profit of each bid item indicated in the Schedule of Bid Prices.
The City reserves the right to reject any unbalanced bid if the City determines that there is a reasonable doubt that an acceptance of the bid will not result in the lowest ultimate cost to the City with regard to the work or a disproportionate distribution of contract funds.
The City reserves the right to delete any bid item in its entirety and/or significantly reduce the quantity of Work under a bid item. The City makes no representation that any Work under a bid item will be performed during the course of the Project or that the Work will be
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] performed at the quantities included in the Schedule of Bid Prices. As provided in the General Conditions, for any deleted Work, Contractor shall not be entitled to payment of the indirect costs and profit included for said bid item. All bid items shall be considered distinct and severable from the remaining bid items, and each Bidder acts at its peril if its bid is unbalanced.
The City shall compare bids on the basis of the Grand Total Bid Price, which includes the base bid and any alternates designated on the Schedule of Bid Prices. Alternates may or may not be awarded, or may be awarded in any combination, at the City’s discretion. 2 -1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or its duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. Facsimile and electronic mail requests are not acceptable. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. The withdrawal of any bid after the time fixed in the Notice to Contractors for the opening of bids will not be permitted.
2 -1.10 ADDENDUM. Proposals shall include all costs and account for all Addenda issued prior to opening of bids. The Bidder is responsible for verifying that all issued Addenda have been received. An Addendum acknowledgment form for each Addendum shall be included as part of the Proposal submittal.
2 -1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present.
2 -1.12 TRENCHING AND EXCAVATION WORK. In accordance with the provisions of California Labor Code Section 6707, if the Work involves construction of a
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet (5') or deeper, each bid submitted shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety orders.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 3: EVALUATION OF BIDS
3 -1.01 BID EVALUATION PROCESS. Bids will be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Grand Total Bid Price, as shown in the Schedule of Bid Prices. If additive or deductive alternates are used in the Schedule of Bid Prices, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for base contract items plus the alternates designated by the City as those that will be used for determining the lowest bid price. However, the City reserves the right to (1) not award any alternates or (2) award any combination of alternates.
I n case of discrepancy between the total of the base contract items and any specified alternates and the stated Grand Total Bid Price, the total of the base contract items plus specified alternates shall prevail. Any mathematical errors that appear on the face of the bid will be corrected by the City and the City will use the mathematically corrected addition. For example, if the mathematical total of Bidder’s base contract items plus specified alternates equals $1,000,000, but the Bidder has written $1,250,000 as the Grand Total Bid Price, the City will consider $1,000,000 to be the Bidder’s Grand Total Bid Price for purposes of comparison to other Bidders and actual bid award. The City reserves its rights to reject or accept bids based on discrepancies between the stated Grand Total Bid Price and the actual mathematical total of the base contract bid items, plus specified alternates.
3 -1.02 REJECTION OF IRREGULAR PROPOSALS. Proposals may be rejected in the City's sole discretion if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. However, the City reserves the right to waive any minor irregularities and informalities in any bid or in the bid procedure for any reason.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 3 -1.03 COMPETITIVE BIDDING. If more than one proposal is offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or Work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for the materials or Work.
Al l Bidders are put on notice that any collusive agreement to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the City Charter, State Contract Act and the Business and Professions Code and may render void any Contract let under such circumstances.
3 -1.04 RELIEF OF BIDDERS. If the Bidder claims a mistake was made in its bid, the Bidder shall give the Department written notice within five (5) Days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a basis for relief. The burden of proving the occurrence of a mistake entitling a Bidder to relief from its bid rests entirely on the Bidder. Relief from bids shall be in the City's sole discretion.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 4: AWARD AND EXECUTION OF CONTRACT
4 -1.01 AWARD OF CONTRACT. The City reserves the right to reject any and all proposals and to award (or not award) any combination of bid items at its option. Any such award will be to the lowest responsible Bidder whose proposal complies with the requirements prescribed for the bid items awarded. Such award, if made, will be made within sixty (60) business days after the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred four (104) business days after the opening of the proposals. The above time periods within which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
4 -1.02 RETURN OF BIDDER’S SECURITIES. Within ten (10) Days after the award of the Contract, the City Clerk will return all Bidders' securities, other than Bidders' bonds, accompanying the proposals that are not to be further considered in making the award.
Retained Bidders' securities will be held until the Contract has been fully executed, after which all Bidders' securities, except Bidders' bonds and any Bidders' securities that have been forfeited, will be returned.
4 -1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2)
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] bonds in the form contained in the section entitled Insurance Broker Information Packet and Bonds. One (1) bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract, and the other bond shall guarantee the faithful performance of the Contract.
Each of the two (2) bonds shall be in a sum equal to one hundred percent (100%) of the Contract Price. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. Sureties on each of said bonds shall be satisfactory to the City.
All alterations, extensions of time, extra and additional Work, and other changes authorized by the Standard Specifications, the General Conditions, the Supplemental Conditions or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bonds.
Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 4 -1.04 INSURANCE. At the time of the execution of the Contract, the Contractor shall, at its own expense, procure, and at all times during the prosecution of the Work maintain in full force and effect Worker's Compensation Insurance, and Liability Insurance as specified in the General Conditions. The Contractor shall provide a Certificate of Insurance in the form contained in the section entitled Insurance Broker Information Packet. 4 -1.05 EXECUTION OF CONTRACT. The Contract shall be signed by the successful Bidder and returned, together with all the required Contract bonds and insurance certificates, within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] If the Bidder is an individual, the Contract shall be executed personally by the Bidder. If the Bidder is a partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Bidder is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief financial officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Contract, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than officers, or only by one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Bidder is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 4 -1.06 FAILURE TO EXECUTE CONTRACT. Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City, shall be just cause for annulment of the award and forfeiture of the Bidder's security. The successful Bidder may file with the City Clerk a written notice, signed by the Bidder or Bidder's authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 5: BID PROTEST PROCEDURES
5 -1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.
PROPOSAL TO THE DEPARTMENT OF PUBLIC WORKS
Project: Parking Lot at the Maidu Soccer Fields
Name of Bidder _________________________________ Business Phone ________________ Business Address _______________________________________________________________ Place of Business _______________________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ License Classification Type __________________________________________ DIR Registration No. _________________________________________ Type of business organization:
*If a Corporation, incorporated under the laws of the State of:
City of Roseville Business License No.
The undersigned Bidder herewith submits this Proposal and binds itself on award by the City of Roseville under this bid to execute a Contract in accordance with its bid and the Contract Documents.
The Notice to Contractors, Instructions to Bidders, Form of Agreement, Specifications, General Conditions, Supplemental Conditions, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranties are required thereby are hereby affirmed.
The work to be done is described in the Bidding Documents entitled _______________ ____________________________________________________, City of Roseville, California.
This offer shall be irrevocable for a period of sixty (60) Days after the date on which bids are opened.
PROP - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
PR
OP - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] T
he undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposal, other than that requested, may render the bid non-responsive.
The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that the Bidder has carefully examined the location of the proposed Work, the attached Form of Agreement, and the plans, Specifications, and other Contract Documents; and agrees if this Proposal is accepted, that it will contract with the City of Roseville, in the form of a copy of the Agreement contained in the Project Manual, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according to the requirements of the Director, as therein set forth, and that the Bidder will take in full payment therefore prices indicated in the Schedule of Bid Items, including all work modified by addendum numbers ________________. (IF NONE, STATE NONE).
Bids are required for all Bid Items. The amount of the Bid for comparison purposes will be the total of all items awarded.
The Bidder shall set forth for each item of work, in clearly legible figures, an item (“unit”) price and a total for the item in the respective spaces provided for this purpose in the Schedule of Bid Items.
The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance
PR
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] w
ith the Contract Documents.
Accompanying this Proposal is _______________________________________________. (Notice: Insert the words “Cash $_________,” “Cashier's Check,” “Certified Check,” or “Bidder's Bond,” as the case may be, in an amount equal to at least ten percent (10%) of the total of the Bid.)
The names of all persons interested in the foregoing Proposal as Principals, are as follows: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I
f SOLE OWNER, execute here:
I sign as sole owner of the business named above:
_____________________________________________________________________________ I
f PARTNERSHIP, one or more partners sign here:
The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so:
____________________________________________________________________________ ____________________________________________________________________________ I
f CORPORATION, execute here:
Corporate Name: _______________________________________
PR
OP - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] I
ncorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
Signature of Authorized Official*
T itle
T ypewritten or Printed Name
By
Signature of Authorized Official*
T itle
T ypewritten or Printed Name
I
f JOINT VENTURE, execute here:
Joint Venture name composed of:
The undersigned certify that they sign this bid with the full and proper authorization so to do:
Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
*I
f Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).
PR
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LIST OF SUBCONTRACTORS FOLLOWS ON NEXT PAGE.]
PR
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] L
IST OF SUBCONTRACTORS
C
ontractor’s Name: _________________________________
The Bidder is required to furnish the following information in accordance with the provisions of Section 4100 and 4114, inclusive, of the Public Contract Code of the State of California. This list and information shall include all Subcontractors that perform work, provide labor or render services to the Bidder in connection with the Project in an amount in excess of one-half of one percent (0.5%) of the total amount of the Bidder Grand Total Price.
PORTION/
TYPE OF
WORK
% OF
CONTRACT
SUB-
CONTRACTOR’S
NAME
CONTRACTOR
LICENSE NO. DIR REG NO. BUSINESS ADDRESS
(CITY, STATE)
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] S
ECURITY FOR COMPENSATION CERTIFICATE
(Required by California Labor Code Section 1861)
T
O: City Council
City of Roseville
I
am aware of the provisions of Section 3700 of the 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. _________________________________
_________________________________
(Signature of Bidder)
_________________________________
_________________________________
Business Address
_________________________________
Telephone
PR
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] B
IDDER’S BOND
City Council of the City of Roseville
KNOW
ALL MEN BY THESE PRESENTS:
That we ________________________________________________________________ ___________________________________________________________, as PRINCIPAL, and ______________________________________________________________________________ a, __________________________________________ and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Roseville in the penal sum of _______________________________________________ dollars ($________________), being at least TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Roseville, acting by and through the Public Works Director, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the Director of the Department to which said Bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned Bid to the City Council of the City of Roseville, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the Office of the City Clerk located at 311 Vernon Street, Roseville, California, on ____________________________, 20__ FOR ( Copy here the exact title of work as it appears on the Proposal.)
PR
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] NOW
, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the Department, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _____ day of _____________________, 20___.
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Principal
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Surety
__________________________________
__________________________________
Business Address
NOTE: To be considered complete, both the Principal and the Surety must sign this Bidder’s Bond. In addition, signatures of those executing for the Surety must be properly acknowledged.
PR
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] P
roject ____________________________
Contractor _________________________
S
CHEDULE OF BID ITEMS
PR
OP - 11
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NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _____________________________ [city], ________________ [state]. ____ ________________________________
(Signature of Declarant)
PR
OP - 12
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] D
ISQUALIFICATION QUESTIONNAIRE
T
he Bidder shall complete, under the penalty of perjury, the following questionnaire:
H
as the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes______ No______
If the answer is yes, explain the circumstances in the following space.
N
AME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________
PR
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] AC
KNOWLEDGEMENT OF INSURANCE AND BOND REQUIREMENTS
I
ncluded in the Bid Price is full compensation for the requirements set forth in the INSURANCE BROKER INFORMATION PACKET of the Project Manual.
N
AME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________
PR
OP - 14
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] D
ISCLAIMER OF WARRANTIES AND ACCURACY OF DATA
A
lthough soil and site investigation reports have been obtained from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information contained therein. These reports are subject to change at any time, may be incomplete, and/or may contain errors. This information is provided for informational purposes only. The City of Roseville provides this information on an “as is” basis. Warranties of any kind, express or implied, or statutory, including but not limited to the implied warranties of merchantability, and fitness for a particular purpose ARE DISCLAIMED to any party viewing these documents or to any third party.
The City of Roseville does not accept and expressly disclaims liability to any party viewing such information, or to any third party whatsoever, for any loss, damage, or injury (including incidental or consequential damages) whether such loss, damage, or injury is the result of negligence, willful or intentional misconduct, or any other cause.
I have read and acknowledged the above disclaimer and agree to hold harmless the City of Roseville on any theory of liability for any loss, damage or injury whether in contract, strict liability or tort arising in any way out of the use or contents of the released information or documents described above or the performance of the work called for herein.
Print Name Signature
Name of Business/Company/Corporation Date
Address Phone
PR
OP - 15
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] E
ND OF PROPOSAL
1 [B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
A G R E E M E N T
T
HIS AGREEMENT, is made and entered into this _____ day of __________________, 20_____, by and between the City of Roseville, a municipal corporation, (“CITY”), and ______________________________________________, a ____________________________, (“CONTRACTOR”); and
W I T N E S E T H:
W
HEREAS, the City Council of the CITY, at a meeting held on the ____day of __________________, 20_____, approved plans and specifications for the ______________________________________________________________________________ and directed the City Clerk to advertise for sealed proposals for doing said work and providing that bids be submitted on the _____ day of ________________, 20_____; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, CONTRACTOR, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which bid is now on file in the office of the City Clerk, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a meeting of the City Council held on the _____ day of ___________________, 20_____, the Council found and
2 [B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] declared the bid of CONTRACTOR to be the lowest responsible bid and thereupon awarded a contract to CONTRACTOR to do the work referred to in the aforementioned specifications.
N
OW, THEREFORE, the parties agree as follows:
1. T HE WORK. CONTRACTOR agrees:
a. T o do the work and furnish all the labor, materials, tools, supplies, equipment, superintendence, insurance, and bonds required for the _______________________ ______________________________________________________________________________ in accordance with the Contract Documents (the Work).
b. To do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Public Works of the City of Roseville.
2. P AYMENT. CITY shall pay CONTRACTOR __________________________ _________________________________________ dollars ($________________) for the Work to be done under this Agreement in accordance with the Contract Documents.
3. C ONTRACT DOCUMENTS. The complete Agreement between the parties hereto consists of the following documents:
a. T he advertisement for bids (including the notice to bidders, instructions to bidders and proposals);
b. The accepted bid;
c. Plans and specifications (including general conditions, supplemental conditions, special provisions and construction details); d. Bonds and insurance required by the specifications; and
3 [B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] e. T his contract.
All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
4. L IQUIDATED DAMAGES. In the event CONTRACTOR does not complete the Work within the time specified, CONTRACTOR agrees that CITY will suffer damages.
Inasmuch as the actual damages which would result from such breach by CONTRACTOR under this Agreement are uncertain, and would be impractical or extremely difficult to fix, CONTRACTOR agrees that it shall pay, or CITY shall deduct from CONTRACTOR’s fee, the amount of $________ per day as liquidated damages, in the event of such delay.
5. TI ME OF COMPLETION. Time is of the essence of this Agreement.
CONTRACTOR shall complete all Work under the Contract Documents within _____ Days of the date of this Contract. CONTRACTOR shall begin work by the date specified in the “Notice to Proceed” letter and shall diligently prosecute all of the Work under this Contract in all parts and requirements as defined in the Contract Documents.
6. S ERVICE OF NOTICE. Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested, postage pre-paid, to the address specified below; or (c) sent by facsimile, with confirmation of receipt, to the facsimile number identified below.
C ITY OF ROSEVILLE CONTRACTOR
______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________
4 [B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] C ITY may also act through either its architect or construction manager if CITY expressly gives notice to CONTRACTOR, in writing, that CITY’s designee has authority to act for CITY in a specific capacity.
7. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the Contract Documents and Public Contract Code Sections 10240-10240.13.
8. GOVE RNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
9. I NDEPENDENT CONTRACTOR. CONTRACTOR shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
10. SU CCESSORS IN INTEREST. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
11. M ODIFICATION. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
12. S EVERABILITY. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
13. I NTEGRATED AGREEMENT. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
14. C ONTRACTORS LICENSE LAW. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE
5 [B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A
COMPLAINT REGARDING A LATENT ACT OR OMISISON PERTAINING TO STRUCUTRAL DEFECTS MUST BE FILED WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.
BOX 26000, SACRAMENTO, CALIFORNIA 95826.
I
N WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. _____, adopted by the Council of the City of Roseville on the ____day of _________________, 20_____, and CONTRACTOR has caused this Agreement to be duly executed.
C
ITY OF ROSEVILLE, a ___________________________, a
municipal corporation _____________________________
B
Y:______________________________ BY: __________________________ DOMINICK CASEY its: __________________________
City Manager
and
ATTEST:
BY: __________________________
its: __________________________
B
Y:______________________________
CARMEN AVALOS
City Clerk
6 [B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] APPROVED AS TO FORM:
B
Y: ______________________________
MICHELLE SHEIDENBERGER
City Attorney
AP
PROVED AS TO SUBSTANCE:
B
Y: ______________________________
P
rint Name:________________________
T
itle:______________________________
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
INSURANCE BROKER INFORMATION PACKET
Project:_______________________________________
NOT
ICE TO CONTRACTOR:
F
or your convenience, this package contains the Requirements for Insurance and Bonds for this project, including the necessary City forms. You are required to return these forms in addition to the executed Contract within fifteen (15) calendar days after the award of the Bid, unless otherwise directed by City in writing. (See the Instructions to Bidders.) P lease insert the dollar amount of your accepted Bid into the blank on page INS-1 and present this entire package to your insurance broker if you are awarded the Bid.
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
TABLE OF CONTENTS
P age
N otice to Insurance Broker INS 1
Insurance Requirements INS 2
Public Works Faithful Performance Bond INS 10
Public Works Payment Bond INS 13
IN
S - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
NOT ICE TO INSURANCE BROKER
Y
our client has been awarded a bid by the City Council of the City of Roseville to perform a public works project known as ___________________________________________.
The Contract Conditions for that project require your client (“the Contractor”) to return certain evidence of insurance and bonds to the City Attorney of the City within fifteen (15) days after the Bid award, unless otherwise directed by the City in writing, or else the Bid award may be terminated and awarded to another company.
This package contains the information you will need as an insurance broker to provide the appropriate insurance and bonds to the City. The insurance coverages the Contractor needs are specified in the section entitled “Insurance Requirements.” Please note that, in addition to the insurance certificate itself, copies of several endorsements must be actually furnished.
Please refer to the Supplemental Conditions for modifications of the General Conditions, if any, and the requirements of this insurance packet.
P lease use the standard City of Roseville Bond Forms provided in this package.
T he Bonds required must each be in the penal amount of: $______________________.
Bonds must be sent to the following staff person:
________________________________
________________________________
________________________________
I
nsurance documents must be provided using one of the following methods:
a. By email to [email protected]
b. By fax to (770) 335-5727
After using one of these methods, please DO NOT also send the insurance certificate(s) by mail.
c. O
r mail the documents to
City of Roseville
Insurance Compliance
P.O. Box 100085-R1
Duluth, GA 30096
IN
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] W hen forwarding the documents, please refer to the project name so that the documents can be matched with the Contract for which they are submitted.
Thank you.
IN
S - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
INSURANCE REQUIREMENTS
T
he following sections are quoted from the General Conditions:
5 -1.23 INSURANCE COVERAGE.
A. E vidence of Maintenance Required. The Contractor shall, at its expense, procure and at all times maintain in full force and effect at a minimum the insurance required by this section on all of its operations; and the Contractor shall not allow any Subcontractor to commence work until similar insurance required of the Subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Risk Manager, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.
B. Q ualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the City and licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best's Insurance Reports.
C. I nsurance Required.
1. C ommercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage for projects under One Million Dollars ($1,000,000) and
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees, and volunteers, as additional insureds (except for workers’ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.
Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, cross- liability exclusions, or insured versus insured exclusions. The policies shall not contain any classification exclusions purporting to deny coverage for any work to be performed by Contractor or any of its Subcontractors.
c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of
INS - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the Contractor.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. f. Waiver of subrogation endorsement.
g. The Contractor shall furnish a certificate for the period covered.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.
4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the Agreement. Coverage must commence from the first day that Contractor or any of its Subcontractors provided any design or engineering services in connection with the Project.
IN
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
5. B uilder’s Risk/Course of Construction Insurance Is ____ OR Is Not ____ Required by Risk Management: The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.
The Contractor shall secure “All Risk” type of builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder's All Risk policy shall be five percent (5%) of the Contract amount.
Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of
3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.
6. Pollution Coverage: Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damage arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or
INS - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] pollutants, in limits not less than Two Million Dollars ($2,000,000). Contractor shall add the City and all parties required to be indemnified by Contractor as additional insured on all pollution liability policies.
7. Higher Coverage Limits: If Contractor maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Claims Made Coverage: Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
5-1.24 OTHER INSURANCE PROVISIONS.
A. The requirements of the Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.
B. The City acknowledges that some insurance requirements contained in these Standard Specifications may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by Contractor under the Contract.
Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by City in writing. Policies containing any
IN
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.
D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.
E. Th e limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be
INS - 9
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.
F. The insurance procured by Contractor shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve Contractor of its duties and responsibilities under the Agreement.
G. Contractor shall be responsible for all premiums, deductibles, and self- insured retention applicable to the insurance it is required to procure under the Contract. All deductibles or self-insured retentions over five hundred thousand dollars ($500,000) must be approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.
I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.
J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY
PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF
NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
PUBLIC WORKS
FAITHFUL PERFORMANCE BOND
(Project: ______________________________________________) W
HEREAS, the City of Roseville (“CITY”) has awarded a bid and contract to ___________________________________________________________________ as contractor (“PRINCIPAL”) for the public work described as __________________ _________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and W
HEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing its faithful performance; and
N
OW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.
T
he condition of this obligation is such that if the PRINCIPAL, or its heirs, executors, administrators, successors or assigns, shall abide by, and in all respects promptly and faithfully perform the covenants, conditions and provisions in said AGREEMENT and any alteration thereof made as therein provided, notice of which alterations to Surety being hereby waived, on its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, employees, volunteers as therein stipulated, then this obligation shall be null and void; otherwise, this obligation shall be and remain in full force and effect.
A
s condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in Bond No. __________
Premium $_________
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] this paragraph to the contrary notwithstanding, the obligation of the SURETY shall continue so long as any obligation of the PRINCIPAL remains.
N
o prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
W
henever PRINCIPAL shall be and declared by CITY to be in default under the AGREEMENT, SURETY shall promptly remedy the default, or shall promptly do one of the follow at CITY’s election:
1. U
ndertake through its agents or independent contractors, reasonably acceptable to CITY, to complete the AGREEMENT in accordance with its terms and conditions and to pay and perform all obligations of PRINCIPAL under the AGREEMENT, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.
2. R
eimburse CITY for all costs CITY incurs in completing the AGREEMENT, and in correcting, repairing or replacing defects in materials or workmanship and/or materials and workmanship which do not conform to the specifications in the AGREEMENT.
S
URETY’s obligations hereunder are independent of the obligations of any other surety for the performance of the AGREEMENT, and suit may be brought against SURETY and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing CITY’s rights against the others.
N
o right of action shall accrue on this bond to or for the use of any person or corporation other than CITY or its successors or assigns.
A
s part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. [
SIGNATURES NEXT PAGE]
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.
P
RINCIPAL: SURETY:
B
Y:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________ AND MAILING ADDRESS:
BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________ (N
otarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:
BY: ________
C ity Attorney
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
PUBLIC WORKS
LABOR AND MATERIALS PAYMENT BOND
(Project: ______________________________________________) W
HEREAS, the City of Roseville (“CITY”), has awarded a bid and contract to ______________________________________________________________________ as contractor (“PRINCIPAL”), for the public work described as ____________________ ________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and W
HEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing payment of persons who provide labor and material; and N
OW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.
T
he condition of the obligation is such that if the PRINCIPAL, its subcontractors, heirs, executors, administrators, successors or assigns fails to pay any of the persons named in Section 8004 or 9100 of the Civil Code of the State of California, or the amounts due under the Unemployment Insurance Code of the State of California, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the SURETY will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, shall pay reasonable attorneys’ fees, to be fixed by the Court.
T
his bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file a Stop Payment Notice pursuant to the provisions of Section 9350 et seq. of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Bond No. __________
Premium $_________
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
A
s part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
I
N WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the _____ day of __________________, 20__.
PRINCIPAL: SURETY:
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Y:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________ AND MAILING ADDRESS:
BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________ (N
otarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:
BY: ________
C ity Attorney
GC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
CI TY OF ROSEVILLE
G ENERAL CONDITIONS
FO R
B UILDINGS AND GROUNDS
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
CITY OF ROSEVILLE
GENERAL CONDITIONS
FOR
BUILDINGS AND GROUNDS
SECTION 1: DEFINITIONS AND TERMS .................................................................... GC-1:1 1-1.01 GENERAL ...................................................................................................... GC-1:1 1-1.02 ACCEPTANCE .............................................................................................. GC-1:1 1-1.03 ADDENDUM .................................................................................................. GC-1:1 1-1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS ................................ ................................................................ GC-1:1 1-1.05 ASSESSMENT ............................................................................................... GC-1:1 1-1.06 BENEFICIAL OCCUPANCY ...................................................................... GC-1:2 1-1.07 BID GUARANTY ........................................................................................... GC-1:2 1-1.08 BIDDER .......................................................................................................... GC-1:2 1-1.09 BIDDING DOCUMENTS ............................................................................. GC-1:2 1-1.10 CHANGE ORDER ......................................................................................... GC-1:2 1-1.11 CITY ................................................................................................................ GC-1:2 1-1.12 CITY ATTORNEY ........................................................................................ GC-1:2 1-1.13 CITY CLERK ................................................................................................. GC-1:2 1-1.14 CLAIM ............................................................................................................ GC-1:2 1-1.15 CONSTRUCTION SCHEDULE .................................................................. GC-1:3 1-1.16 CONTRACT OR AGREEMENT ................................................................. GC-1:3 1-1.17 CONTRACT CONDITIONS ........................................................................ GC-1:3 1-1.18 CONTRACT DOCUMENTS ........................................................................ GC-1:3 1-1.19 CONTRACT DRAWINGS ............................................................................ GC-1:3 1-1.20 CONTRACT PRICE ...................................................................................... GC-1:4 1-1.21 CONTRACT TIME ....................................................................................... GC-1:4 1-1.22 CONTRACTOR ............................................................................................. GC-1:4 1-1.23 DAY OR DAYS ............................................................................................... GC-1:4 1-1.24 DEPARTMENT ............................................................................................. GC-1:4 1-1.25 DIRECT COSTS ............................................................................................ GC-1:4 1-1-26 DIRECTOR. ................................................................................................... GC-1:6 1-1.27 EMERGENCY. .............................................................................................. GC-1:6 1-1.28 ENGINEER OR ARCHITECT ..................................................................... GC-1:7 1-1.29 FINAL COMPLETION ................................................................................. GC-1:7 1-1.30 FORCE ACCOUNT ....................................................................................... GC-1:7 1-1.31 GENERAL NOTES ........................................................................................ GC-1:7 1-1.32 INSTALLATION, INSTALL ........................................................................ GC-1:7 1-1.33 LABORATORY ............................................................................................. GC-1:7 1-1.34 LEGAL HOLIDAYS ...................................................................................... GC-1:7 1-1.35 LIQUIDATED DAMAGES ........................................................................... GC-1:7 1-1.36 NOTICE OF COMPLETION ....................................................................... GC-1:8 1-1.37 NOTICE TO PROCEED ............................................................................... GC-1:8 1-1.38 NOTICE OF TERMINATION ..................................................................... GC-1:8
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 1-1.39 OVERHEAD ................................................................................................... GC-1:8 1-1.40 PREMISES ..................................................................................................... GC-1:9 1-1.41 PROFESSIONAL ENGINEER .................................................................... GC-1:9 1-1.42 PROJECT MANUAL .................................................................................... GC-1:9 1-1.43 PROPOSAL FORMS ..................................................................................... GC-1:9 1-1.44 REQUEST FOR INFORMATION (RFI). ................................................... GC-1:9 1-1.45 SAFETY .......................................................................................................... GC-1:9 1-1.46 SCHEDULE OF VALUES. ........................................................................... GC-1:9 1-1.47 SHOP DRAWINGS ...................................................................................... GC-1:10 1-1.48 SPECIFICATIONS ...................................................................................... GC-1:10 1-1.49 SUBCONTRACTOR ................................................................................... GC-1:10 1-1.50 SUBMITTALS ............................................................................................. GC-1:10 1-1.51 SUPPLEMENTAL CONDITIONS ............................................................ GC-1:10 1-1.52 SUPPLIER .................................................................................................... GC-1:10 1-1.53 WORK ........................................................................................................... GC-1:11 1-1.54 WORK SITE ................................................................................................. GC-1:11 1-1.55 WORKING DRAWINGS ............................................................................ GC-1:11 SECTION 2: CONTROL AND SCOPE OF THE WORK ............................................. GC-2:1 2-1.01 AUTHORITY OF DIRECTOR .................................................................... GC-2:1 2-1.02 INTENT OF CONTRACT DOCUMENTS .................................................. GC-2:1 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT
DOCUMENTS ................................ ................................................................ GC-2:2 2-1.04 CONTRACT DRAWINGS ............................................................................ GC-2:3 2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS ................................ ................................................................ GC-2:3 2-1.06 INDEPENDENT CONTRACTOR STATUS ............................................... GC-2:5 2-1.07 ORDER OF WORK ....................................................................................... GC-2:5 2-1.08 SUBMITTALS ............................................................................................... GC-2:5 2-1.08A SHOP DRAWINGS.................................................................................. GC-2:6 2-1.08B DESCRIPTIVE DATA ............................................................................ GC-2:7 2-1.08C SAMPLES ................................................................................................ GC-2:7 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT ................................ GC-2:7 2-1.08E ALTERNATIVES................................................................................... GC-2:10 2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE ................... GC-2:12 2-1.10 ACCESS TO THE WORK .......................................................................... GC-2:12 2-1.11 TEMPORARY UTILITIES ........................................................................ GC-2:12 2-1.12 UTILITY FACILITIES ............................................................................... GC-2:13 2-1.13 PRESERVATION AND CLEANING ........................................................ GC-2:14 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES ............................... GC-2:14 2-1.15 DUST CONTROL ........................................................................................ GC-2:15 2-1.16 SANITATION .............................................................................................. GC-2:15 2-1.17 NIGHT WORK AND NORMAL WORKING HOURS............................ GC-2:15 2-1.18 LINES AND GRADES ................................................................................. GC-2:16 2-1.19 ARCHEOLOGICAL DISCOVERIES ....................................................... GC-2:17 2-1.20 PRESERVATION OF MONUMENTS ...................................................... GC-2:17 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS ............................. GC-2:18
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 2-1.22 FINAL CLEANUP ....................................................................................... GC-2:18 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS ......................................... GC-2:18 2-1.24 SUPERINTENDENCE ................................................................................ GC-2:19 2-1.25 CHARACTER OF WORKER .................................................................... GC-2:20 2-1.26 INSPECTION ............................................................................................... GC-2:20 2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK ............. GC-2:21 SECTION 3: CHANGES IN THE WORK ...................................................................... GC-3:1 3-1.01 CHANGES ...................................................................................................... GC-3:1 3-1.02 PROPOSED CHANGE ORDERS ................................................................ GC-3:2 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE ORDERS ... GC-3:3 3-1.04 EXECUTED CHANGE ORDER .................................................................. GC-3:3 3-1.05 CONTRACT PRICE ADJUSTMENT ......................................................... GC-3:3 3-1.06 FORCE ACCOUNT PAYMENT .................................................................. GC-3:5 3-1.06A LABOR ..................................................................................................... GC-3:6 3-1.06B MATERIALS ............................................................................................ GC-3:6 3-1.06C EQUIPMENT........................................................................................... GC-3:7 3-1.06D MARKUPS ............................................................................................... GC-3:8 3-1.06E RECORDS ................................................................................................ GC-3:9 3-1.07 COST REDUCTION PROPOSALS ........................................................... GC-3:11 SECTION 4: CONTROL OF MATERIALS ................................................................... GC-4:1 4-1.01 MATERIALS ................................................................................................. GC-4:1 4-1.02 PRODUCT AND REFERENCE STANDARDS .......................................... GC-4:2 4-1.03 SAMPLING AND TESTING OF MATERIALS ......................................... GC-4:2 4-1.04 CERTIFICATES OF COMPLIANCE ......................................................... GC-4:7 SECTION 5: LEGAL RELATIONS AND RESPONSIBILITY .................................... GC-5:1 5-1.01 LAWS TO BE OBSERVED .......................................................................... GC-5:1 5-1.02 HOURS OF LABOR ...................................................................................... GC-5:1 5-1.03 NONDISCRIMINATION ............................................................................. GC-5:2 5-1.04 PREVAILING WAGE ................................................................................... GC-5:3 5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID .............. GC-5:6 5-1.06 PAYROLL RECORDS .................................................................................. GC-5:7 5-1.07 SAFETY REQUIREMENTS ...................................................................... GC-5:10 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION ............................... GC-5:15 5-1.09 PUBLIC SAFETY ........................................................................................ GC-5:15 5-1.10 EMERGENCIES .......................................................................................... GC-5:17 5-1.11 APPRENTICES ........................................................................................... GC-5:18 5-1.12 FAIR LABOR STANDARDS ACT ............................................................ GC-5:18 5-1.13 WORKERS' COMPENSATION ................................................................ GC-5:19 5-1.14 AIR POLLUTION CONTROL AND ASBESTOS .................................... GC-5:19 5-1.15 USE OF PESTICIDES ................................................................................. GC-5:20 5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS ............................ GC-5:20 5-1.17 WEIGHT LIMITATIONS .......................................................................... GC-5:21 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION MONITORING PRO GRAMS; AND REGULATORY AGENCY PERMIT
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] REQUIREMENTS ....................................................................................... GC-5:21 5-1.19 PERMITS AND LICENSES ....................................................................... GC-5:21 5-1.20 WATER POLLUTION ................................................................................ GC-5:22 5-1.21 PROTECTION AND USE OF PROPERTY .............................................. GC-5:23 5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION ......... GC-5:24 5-1.23 INSURANCE COVERAGE ........................................................................ GC-5:26 5-1.24 OTHER INSURANCE PROVISIONS ....................................................... GC-5:31 5-1.25 THIRD PARTY BENEFICIARY ............................................................... GC-5:33 5-1.26 COORDINATION AND ACCESS ............................................................. GC-5:33 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO ACCEPTANCE .. GC-5:34 5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT ................................ ............................................................... GC-5:35 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK .................... GC-5:36 5-1.30 RESPONSIBILITY FOR UTILITIES ....................................................... GC-5:37 5-1.31 PROPERTY RIGHTS IN MATERIALS ................................................... GC-5:39 5-1.32 COURT ORDERED DELAY ...................................................................... GC-5:39 5-1.33 NO PERSONAL LIABILITY ..................................................................... GC-5:39 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS ........................................... GC-5:40 5-1.35 ANTITRUST CLAIMS ................................................................................ GC-5:40 5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS ................. GC-5:40 5-1.37 PAYMENT OF TAXES ............................................................................... GC-5:41 5-1.38 GRATUITIES AND CONFLICT OF INTEREST .................................... GC-5:42 5-1.39 COOPERATION.......................................................................................... GC-5:43 5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS .......................... GC-5:43 5-1.41 CONTRACTOR REGISTRATION ........................................................... GC-5:44 5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY ...................................................................................... GC-5:45 SECTION 6: PROSECUTION AND PROGRESS .......................................................... GC-6:1 6-1.01 SUBLETTING AND SUBCONTRACTING ............................................... GC-6:1 6-1.02 ASSIGNMENT ............................................................................................... GC-6:2 6-1.03 BEGINNING OF WORK .............................................................................. GC-6:2 6-1.04 PROGRESS SCHEDULE. ............................................................................ GC-6:3 6-1.05 SCHEDULE OF VALUES ............................................................................ GC-6:9 6-1.06 CITY’S RIGHT TO STOP WORK .............................................................. GC-6:9 6-1.07 TIME OF COMPLETION .......................................................................... GC-6:11 6-1.08 LIQUIDATED DAMAGES ......................................................................... GC-6:12 6-1.09 DELAYS AND EXTENSIONS TO THE WORK ...................................... GC-6:13 6-1.10 TERMINATION .......................................................................................... GC-6:18 6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF CITY.. GC-6:18 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE .......................... GC-6:21 SECTION 7: ACCEPTANCE AND PAYMENT ............................................................ GC-7:1 7-1.01 ACCEPTANCE .............................................................................................. GC-7:1 7-1.02 SCOPE OF PAYMENT ................................................................................. GC-7:2 7-1.03 NOTICE OF POTENTIAL CLAIM ............................................................ GC-7:2 7-1.04 CLAIMS ......................................................................................................... GC-7:5
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 7-1.05 DISPUTE RESOLUTION PROCEDURE ................................................... GC-7:6 7-1.06 STOP PAYMENT NOTICES ....................................................................... GC-7:7 7-1.07 PROGRESS PAYMENTS ............................................................................. GC-7:7 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND ............. GC-7:9 7-1.09 RETENTION ON PROGRESS PAYMENTS ........................................... GC-7:11 7-1.10 FINAL PAYMENT ..................................................................................... GC-7:12 7-1.11 CLERICAL ERRORS ................................................................................. GC-7:14 7-1.12 WARRANTY ................................................................................................ GC-7:14 7-1.13 WARRANTY OF TITLE ............................................................................ GC-7:16
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 1
DEFINITIONS AND TERMS
1 -1.01 GENERAL. When the following abbreviations and terms or pronouns in place of them appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1.
1 -1.02 ACCEPTANCE. Formal Acceptance by resolution by the Roseville City Council of the Contract when completed in all respects in accordance with the Contract Documents and any modifications previously approved.
1 -1.03 ADDENDUM. Written interpretation or revision to any of the Contract Documents issued by the City before the bid opening.
1 -1.04 AS-BUILT DOCUMENTS, AS-BUILT DRAWINGS AND RECORD DOCUMENTS. As-Built Documents, As-Built Drawings and Record Documents are all contract documents modified to reflect changes during the construction phase. Specifically, As- Built Documents/Drawings are a revised set of drawings submitted by the Contractor upon Final Completion of a project. They reflect changes made in the Specifications and Working Drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed under the Contract. Record Documents, on the other hand, are compiled by the Engineer or Architect based on the As-Built Documents/Drawings submitted by the Contractor. They reflect the Engineer or Architect’s concurring review of what changes were denoted, why they were made and where they occurred and create a record set of drawings.
1 -1.05 ASSESSMENT. A cost imposed on the Contractor for non-compliance
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] with certain contractual requirements.
1 -1.06 BENEFICIAL OCCUPANCY. The taking possession of a portion of the Work by the City for its use and/or occupancy on other than a temporary or emergency basis. 1 -1.07 BID GUARANTY. The cashier’s, certified check, irrevocable standby letter of credit, deposit of securities, or Bidder’s Bond, accompanying the bid submitted by the Bidder, as a guaranty that the Bidder will enter into an agreement with the City for the performance of the Work, if the Agreement is awarded to Bidder, and the Bidder will submit the required Contract Bonds and Certificate of Insurance. Also referred to as the Bidder’s Security. 1 -1.08 BIDDER. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, submitting a Proposal for the Work, acting directly, or through a duly authorized representative. 1 -1.09 BIDDING DOCUMENTS. Includes the Notice to Bidders, Bidding Requirements, Contract Conditions, Drawings, and Addenda. 1 -1.10 CHANGE ORDER. Any written order to the Contractor directing an addition, deletion, or modification of the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the Agreement has been signed.
1 -1.11 CITY. The City of Roseville.
1 -1.12 CITY ATTORNEY. The City Attorney of the City. 1 -1.13 CITY CLERK. The City Clerk of the City.
1 -1.14 CLAIM. A separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (a) a time extension, including, without limitation, for relief for damages or penalties for delay assessed by
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the City; (b) payment by the City of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract Documents and payment for which is not otherwise expressly provided or to which Contractor is not otherwise entitled; and (c) payment of an amount that is disputed by the City.
1 -1.15 CONSTRUCTION SCHEDULE. A list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of significant activities, critical path, float and milestones must be indicated in the Construction Schedule. 1 -1.16 CONTRACT OR AGREEMENT. The written agreement relating to the Work to be performed, the labor, materials, and equipment to be furnished, and the payment to be made therefor. The Agreement/Contract is part of and incorporates all of the Contract Documents.
1 -1.17 CONTRACT CONDITIONS. Includes the General Conditions, Supplemental Conditions, and Specifications.
1 -1.18 CONTRACT DOCUMENTS. Includes those documents that form the basis of the Contract, including but not limited to, Bidding Documents, the Bid or Proposal, Contract Bonds, the Contract, all required insurance certificates or endorsements, all bonds, all required certifications or statements, Change Orders, any Contract Amendment, any City Standard which is incorporated by reference and these City of Roseville General Conditions for Buildings and Grounds.
1 -1.19 CONTRACT DRAWINGS. The official drawings including plans, elevations, sections, detail drawings, diagrams, plated, General Notes, information and schedules thereon, or exact reproductions thereof, showing the location, character, dimension, and details
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] of the Work. The Contract Drawings include any drawings or plates bound within the Supplemental Conditions.
1 -1.20 CONTRACT PRICE. The total compensation to be paid to the Contractor in accordance with the terms of the Agreement. 1 -1.21 CONTRACT TIME. The number of Days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time.
1 -1.22 CONTRACTOR. Individual, firm, partnership, limited liability company, corporation, joint venture, or any combination thereof, who has entered into the Agreement with City.
1 -1.23 DAY OR DAYS. Unless otherwise designated, Day or Days as used in the Contract Documents will be understood to mean calendar Day or Days. 1 -1.24 DEPARTMENT. The Department for Contract Administration, as identified in the Supplemental Conditions.
1 -1.25 DIRECT COSTS. Those cost items (including labor, materials, equipment and any subcontractor’s work) that are used in the actual performance of, and are specifically and uniquely attributable to the Work or changed Work. Direct Costs do not include Overhead. Direct Costs only include the following:
A. P ayroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include salaries and
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing work after regular working hours, on Saturday, Sunday or legal holidays shall be included in the above only to the extent authorized by City in writing.
B. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and suppliers' field services required in connection therewith. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to City, and Contractor shall make provisions so that they may be obtained.
C. Payments made by Contractor to the subcontractors for work performed by subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine which bids will be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of cost of the work plus a fee, the subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.
D. Costs of special consultants (including engineers, architects, testing laboratories, surveyors, and accountants) employed for services specifically, and only, related to the Work.
E. Supplemental costs including the following:
1. The proportion of necessary transportation, travel and subsistence
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] expenses of Contractor's employees incurred in discharge of duties connected with the Work.
2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value of such items used but not consumed which remain the property of Contractor.
3. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.
4. Sales, consumer, use or similar taxes related to the Work, and for which Contractor is liable, imposed by laws and regulations.
5. The cost of utilities (including the meter and all associated installation costs), fuel and sanitary facilities at the site.
6. Cost of premiums for additional bonds and insurance required because of changes in the Work.
1-1-26 DIRECTOR. Director of the Department for Contract Administration or his or her designee.
1-1.27 EMERGENCY. Any sudden generally unforeseen occurrence (such as a fire, flood, storm, earthquake, civil disorder, or other natural and/or man-made disaster) that has the potential to adversely affect the safety of life, the Work, and/or adjacent property; to interrupt contracts essential to the performance of the Work; and/or to cause catastrophic failure of City
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] equipment and/or facilities.
1-1.28 ENGINEER OR ARCHITECT. Professional Engineer or Architect designated for a particular project responsible for signing and sealing the permit drawings, interpretation of the drawings where ambiguities exist, review of requests for information, design Change requests and Shop Drawings, resolution of errors and omissions, and finalization of Record Documents.
1-1.29 FINAL COMPLETION. When the project has been completed according to the terms and conditions set forth in the Contract Documents. Final Completion is not the same as Acceptance.
1-1.30 FORCE ACCOUNT. Payment by force account shall mean payment on the basis of the Contractor’s time and materials.
1-1.31 GENERAL NOTES. The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings and so identified thereon, which pertain to the performance of the Work.
1-1.32 INSTALLATION, INSTALL. Completely assembling, erecting, and/or connecting materials, parts, components, supplies, and related equipment specified or required for the completion of the Work.
1-1.33 LABORATORY. Established professional laboratories authorized by the City to test materials and Work involved in the Contract. 1-1.34 LEGAL HOLIDAYS. Those days designated as Federal holidays or declared by the City, or otherwise specified in the Contract Documents. 1-1.35 LIQUIDATED DAMAGES. The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Supplemental Conditions. 1-1.36 NOTICE OF COMPLETION. A legal notice filed by the City with the Placer County Recorder’s Office stating that construction has been completed and accepted by the City.
1-1.37 NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run. 1-1.38 NOTICE OF TERMINATION. Written notice from the City to the Contractor and/or its Surety terminating the Agreement, or a portion thereof, either for convenience of the City or for default due to the Contractor’s failure to perform its contractual obligations.
1-1.39 OVERHEAD. Business or administrative expenses (including but not limited to office expenses, administrative staff, rent, insurance, utilities) not chargeable to a particular part of the Work. The term “Overhead” shall include all of the following:
A. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the Work Site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor's fee.
B. Expenses of Contractor's principal and branch offices other than Contractor's office at the site.
GC – 1:9
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] C. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments.
D. Cost of premiums for all bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except as provided in section 1-1.25.
E. Other overhead or general expense costs of any kind. 1-1.40 PREMISES. Shall mean the area within construction easements, easements, rights of entry and City owned property which surrounds the Work Site, limited by the property lines thereof. In some cases Premises may coincide with the Work Site. 1-1.41 PROFESSIONAL ENGINEER. An engineer licensed by the Board of Registration for Professional Engineers, State of California. 1-1.42 PROJECT MANUAL. A book containing all Contract Documents. 1-1.43 PROPOSAL FORMS. The approved forms upon which the City requires that each Bidder submit its bid with regard to the Agreement. 1-1.44 REQUEST FOR INFORMATION (RFI). A document issued by the Contractor requesting information concerning the Contract Documents. 1-1.45 SAFETY. Includes the practice of identifying potential hazards, assessing their risk, taking corrective action where possible, including and providing control measures such as engineering design, written procedures, and the personal protective equipment for workers in order to eliminate or reduce the risk for exposure in the workplace. 1-1.46 SCHEDULE OF VALUES. The breakdown of the Contract Price that will serve as the basis for Contractor’s Applications of Payment. Any lump sum bid item
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum.
1-1.47 SHOP DRAWINGS. Drawings, plans, diagrams, schedules, and other data specifically prepared and submitted to the City by the Contractor, showing in detail: (a) the proposed fabrication and assembly of a special component of the Work; and (b) the Installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data.
1-1.48 SPECIFICATIONS. The technical Specifications for the Work prepared by the Director or an Engineer or Architect describing in detail the nature of the Work, its components, any performance standards, and how the Work is to be constructed. 1-1.49 SUBCONTRACTOR. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work.
1-1.50 SUBMITTALS. Those documents required to be submitted by the Contractor for review by the City in accordance with the Contract Documents. 1-1.51 SUPPLEMENTAL CONDITIONS. The Supplemental Conditions are specific clauses modifying or supplementing these General Conditions. 1-1.52 SUPPLIER. Any individual, firm, partnership, limited liability company, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the Work Site.
1-1.53 WORK. The furnishing of all labor, and the furnishing and Installing of all materials, articles, supplies and equipment as specified, designated, or required by the Contract Documents.
1-1.54 WORK SITE. All or portion of the Premises that the Work is limited to as shown on the Contract Drawings or designated by the Director. Public streets are not included unless Work is being done within the street right-of-way. 1-1.55 WORKING DRAWINGS. Original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, staging plans, and diversion plans. A Working Drawing is one type of a Shop Drawing.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 2
CONTROL AND SCOPE OF THE WORK
2-1.01 AUTHORITY OF DIRECTOR. The Contract shall be performed in a manner satisfactory to the Director who shall decide all questions which may arise as to the quality or acceptability of materials furnished and Work performed and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Director shall have authority to enforce and make effective such decisions and orders in the event the Contractor fails to promptly carry out the same.
2-1.02 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe the details for the construction and completion of the Work. Where the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice shall be followed and that only materials and workmanship of the best quality are to be used. Any Work, materials, or equipment that are customarily provided, or that are reasonably inferable from the Contract Documents as being required to produce the intended result, shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with that meaning. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the Work involved in executing the Contract in a
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] satisfactory and workmanlike manner.
Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws, or regulations in effect on the first published date of the Notice to Contractors, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or City’s designated representative, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to other provisions of the Contract Documents.
The Contract Documents are divided into parts, divisions, sections and articles for convenience, organization and reference. Generally, there has been no attempt to divide the Specifications sections into work performed by the various building trades, work by separate Subcontractors, or work required for separate facilities in the project. 2-1.03 EXAMINATION AND VERIFICATION OF CONTRACT
DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral agreement or conversation with any officer, or employee
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] of the City, or with the City’s designated representative either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract Documents.
2-1.04 CONTRACT DRAWINGS. The Contract Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.
2-1.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS. All Contract 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 complementary, and to describe and provide for a complete Work.
In the event of inconsistencies between requirements contained in different components of the Contract Documents, the precedence of the Contract Documents shall be as follows to resolve conflicts:
1. Change Orders
2. The Contract (including Addenda)
3. The Supplemental Conditions
4. Specifications
5. Contract Drawings
6. The General Conditions
Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Request for Information (“RFI”) to the Director for such further explanations as may be necessary and shall conform to the written explanation given as if part of the Contract Documents. The decisions of the Director shall be final.
Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The City will respond to each RFI by no later than fourteen (14) Days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) Day period.
Each RFI prepared by Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field. Contractor shall not assert any Claims for delay or interference against the City if Contractor fails to timely submit any RFI to the City, after consideration of the response period allowed for by the City.
The response to an RFI shall not, by itself, constitute a writing that authorizes Contractor to perform any Work that causes an adjustment to either the Contract Price or the Contract Time.
If Contractor believes that any response to any RFI should constitute a compensable change, Contractor shall provide a Notice of Potential Claim as provided in Section 7-1.03, below.
Contractor’s failure to provide the required written notice shall constitute a waiver of the Contractor’s right to seek a compensable change based on the RFI response.
The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the City of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non-
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] conformities are discovered, shall obtain specific instructions in writing from the City before proceeding with the Work. Contractor’s performance of any Work affected by such non- conformities prior to the City’s decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents.
2-1.06 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all Work required by the Contract Documents 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.
The Contractor and Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents.
2-1.07 ORDER OF WORK. When required by the Contract Documents, the Contractor shall follow the sequence of operations set forth therein. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various Contract items of work, and no additional compensation will be allowed therefor. 2-1.08 SUBMITTALS. It shall be the Contractor's responsibility to timely submit, so as to cause no delay in the Work, all Shop Drawings, descriptive data, manuals, instructions, affidavits, samples for the various trades as required by the Supplemental Conditions and Specifications, and offers of alternatives, if any. Such Submittals shall be checked and coordinated by the Contractor with the Work of other trades involved before they are submitted to the Director for examination.
GC – 2:6
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The Contractor shall deliver at least one (1) electronic copy of the Submittals to the Director, and one (1) hard copy if requested. Work requiring the submittal of working drawings, descriptive data or samples shall not begin prior to approval of said Submittal by the Director.
The time allowed for review of each Submittal will be as indicated in the Supplemental Conditions. Review time will start upon receipt of the Submittal by the Director and will end upon the Director's mailing of the Submittals to the Contractor. Defective, incomplete or partial Submittals will be returned to the Contractor unreviewed.
Submittals shall be made by a letter of transmittal that shall contain a list of all matter submitted and identification of all variations from the Contract Documents contained in the Submittal. The letter and all items accompanying the same shall be fully identified as to project name and location, Contractor's name, district, county, and Contract number, with ample cross- references to the Contract Documents, to facilitate identification of items and their location in the Work.
All Shop Drawings and supporting data, catalogs, schedules, shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness.
These Submittals may be prepared by the Contractor, Subcontractors, or Suppliers, but the Contractor shall ascertain that Submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of Installation. The Contractor shall check all Submittals before submitting them to the Director. 2-1.08A SHOP DRAWINGS. The Contractor shall submit an electronic copy (searchable PDF) of all Shop Drawings required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. Shop Drawings shall also be provided separately in AutoCAD format using the latest version of AutoCAD. An electronic
GC – 2:7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] copy will be returned to the Contractor either approved for use, as demonstrated by a stamp, or returned for correction and resubmittal. Materials, colors and/or samples will not be returned to the Contractor. Shop Drawings include any drawing, which requires execution by a draftsman as distinguished from printed matter. The size of Shop Drawings shall not exceed twenty-four inches (24”) by thirty-six inches (36”).
2-1.08B DESCRIPTIVE DATA. The Contractor shall submit an electronic copy (searchable PDF) of each set of manufacturer's brochures or other data required by the Supplemental Conditions or Specifications, and one (1) hard copy, if requested by the Director. The City will examine such Submittals and return either an electronic copy or a hard copy approved for use or returned for correction and resubmittal. 2-1.08C SAMPLES. The Contractor shall submit samples of articles, materials or equipment as required by the Supplemental Conditions or Specifications. The Work shall be in accordance with the approved samples. Samples shall be removed from City property when directed or may be incorporated in the Work if approved by the Director. Samples not removed by the Contractor will become the property of the City or, at the City's option, will be removed or disposed of by the City at the Contractor's expense. 2-1.08D MANUALS, INSTRUCTIONS AND AFFIDAVIT.
A. Manuals and Instructions. Where operation and maintenance manuals are required by the Supplemental Conditions, the Contractor shall submit two (2) sets of manuals, suitably bound, along with two (2) electronic copies in an approved format, to the Director within forty-five (45) Days after favorable review of the equipment or facilities. If operation and maintenance manuals are approved to be provided in PDF format, text shall be provided in searchable PDF format, making proper use of PDF for headings and heading levels,
GC – 2:8
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] paragraphs, tables, and lists. Submitted operation and maintenance manuals shall be a collected, organized, and indexed set of bookmarked PDF documents comprising each operation and maintenance manual that corresponds to a hardcopy binder. All manuals shall be marked to indicate the specific equipment furnished for this project and shall include at a minimum:
1. Equipment summary form
2. Cover/Title page
3. Table of contents
4. Operating procedures including start-up, shutdown, normal operation, all operating modes, emergency shutdown, and safety precautions
5. Lubrication instructions (if required)
6. Preventative maintenance procedures
7. Troubleshooting and corrective maintenance procedures
8. Reinstallation instructions
9. Overhaul instructions (if applicable)
10. Parts identification list with exploded view and associated cross references
11. Recommended spare parts list
12. Operator safety requirements
13. Electrical and control system wiring drawings, including panel wiring control (ladder) diagrams, logic diagrams, loop diagrams, and interconnection diagrams
14. Panel layout and assembly drawings
GC – 2:9
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
15. Mechanical drawings
16. Printouts of all software programs and configuration files
17. Factory and field test procedures and results
Operation and maintenance manuals for complex equipment shall also include:
18. Alternate specified operating modes
19. Emergency shutdown instructions
20. Normal shutdown instructions
21. Long term shutdown instructions
Operation and maintenance manuals for systems comprised of separate pieces of equipment shall include a system explanation of items 4, 7, 18, 19, 20, and 21 as well as the instructions for the separate pieces of equipment.
B. Affidavits. Where required in the Supplemental Conditions or Specifications, manufacturers of equipment shall provide field service as a part of this project.
Equipment shall not be considered ready for full time operation until after the authorized factory- trained and qualified manufacturer's representative for the specific equipment has checked and adjusted the equipment and certified by written affidavit that the equipment has been properly Installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation.
Acceptable affidavits shall be submitted prior to completion of the Work. Affidavits shall contain the following specific wording:
“The (Name of Equipment) has been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. The installation has been inspected and has been found to be in conformance with our (the manufacturer's) standards and requirements.”
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] No amplification, dilution, or modification of this specific wording will be permitted. 2-1.08E ALTERNATIVES. For convenience in designation in the Contract Documents, certain materials, articles, or equipment may be designated by a brand or a trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as “designated by brand name.” 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, an alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements:
A. 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. The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution.
B. No such proposal will be considered unless accompanied by complete information and descriptive data, necessary to determine the equality of the offered materials. The Contractor shall satisfy the Director as to the comparative quality, suitability, or performance of the offered material, articles, or equipment. In the event that the Director rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished.
C. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and it shall furnish all information necessary as required by the Director. The Director shall be the sole judge as to the quality and suitability of alternative articles or materials and such decisions shall be final. Where use of an alternative material
GC – 2:11
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] involves redesign of, or changes to, other parts of the Work, the cost and time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the City will be borne by the Contractor.
D. Whenever classification, rating or other certification by a body such as Underwriters Laboratories (UL) or the National Electrical Manufacturers Association (NEMA) is a part of the specification for any material, Contractor’s request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing Laboratory indicating compliance with the Contract Documents. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents.
E. At its election, the City reserves the right to consider any Contractor proposed substitution as a Cost Reduction Proposal under Section 3-1.07 of these General Conditions in the event that there is a significant savings resulting from the substitution.
The Director will examine, with reasonable promptness, such Submittals, and return of Submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the Contract Documents, nor shall it relieve the Contractor from responsibility for errors in the Submittals. A failure by the Contractor to identify in its letter of transmittal material deviations from the Contract Documents shall void the Submittal and any action taken thereon by the Director. When specifically requested by the Director, the Contractor shall resubmit such Shop Drawings, descriptive data and samples as may be required.
If any mechanical, electrical, structural, or other changes are required for the proper Installation and fit of alternative materials, articles, or equipment, or because of deviations from
GC – 2:12
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the Contract, such changes shall not be made without the approval of the Director and shall be made without additional cost to the City.
2-1.09 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of materials outside the Work Site.
Except when material is to be disposed of at a landfill or recycling center, when any material is to be disposed of outside the Work Site, the Contractor shall first obtain written permission from the City to dispose of the material at the intended location. The City’s approval will be contingent upon the Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, the Contractor shall submit such permit or a certified copy thereof to the City, together with a written release from the property owner absolving the City from any and all responsibility related to the disposal of material on said property.
Disposal of Hazardous Materials must be done in accordance with all laws and regulations. Copies of all required regulatory documentation including copies of final manifests shall be supplied to the City.
2-1.10 ACCESS TO THE WORK. The Contractor shall satisfy itself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to the 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.
2-1.11 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any temporary services it may require in performance of
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the Work and shall pay all costs of these services directly to these utility organizations. 2-1.12 UTILITY FACILITIES. The Contractor shall protect from damage those utility facilities that are to remain in place, be Installed, relocated or otherwise arranged.
The Contractor’s attention is directed to the possible existence of facilities not shown, and of facilities in a location different from that, which is indicated. The Contractor shall take steps to ascertain the exact location of all facilities prior to doing any Work, which may damage such facilities or interfere with their service. Where the location of a facility is indicated or inferred from the presence of visible facilities such as buildings, meters, and junction boxes, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. Unless provided for elsewhere in the Contract Documents, 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. Such excavations and exploratory Work shall not entitle the Contractor to an extension of time.
If the Contractor discovers underground facilities not indicated or inferred from the Contract Documents, the Contractor shall immediately give the Director written notification of the existence of those facilities. The Contractor shall determine the exact location of the underground facilities and the cost of the work will be paid for in accordance with the Contract Documents. The underground facilities shall be protected from damage as directed by the Director and the cost of that work will be paid for as extra work. The Contractor shall, if directed by the Director, repair any damage, which may occur to the underground facilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work. Damage due to the Contractor’s failure to exercise reasonable care shall be repaired at the Contractor’s cost and expense.
GC – 2:14
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Where it is determined by the City that the rearrangement of an underground facility, the existence of which is not shown on the Contract Drawings, is essential in order to accommodate the Work, the City 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 a Change Order.
The Contractor shall be responsible for the maintenance of all utility facilities placed by the Contractor 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 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. 2-1.13 PRESERVATION AND CLEANING. The Contractor shall clean up the Work at frequent intervals and at other times when directed by the Director. While finish Work is being accomplished, floors, Work areas and finished areas shall be kept clean, free of dust, construction debris and trash. Upon completion of the Work, the Contractor shall remove from the Premises its construction equipment and any waste materials not previously disposed of, leaving the Premises thoroughly clean and ready for final inspection. 2-1.14 LIMITATIONS ON WORK SITE AND PREMISES. The Contractor shall limit its construction operations to the Work Site unless otherwise shown on the Contract Drawings or specified. The Contractor shall perform no operation of any nature over or on the
GC – 2:15
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Premises except such operations as are authorized by the Contract Documents or as authorized by the Director.
2-1.15 DUST CONTROL. During the performance of all Work under this Contract, the Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent the operations from producing dust damage and nuisance to persons and property. Any claims resulting from dust damage or nuisance shall be borne solely by the Contractor. The Contractor shall comply with all applicable Air Quality Act requirements.
2-1.16 SANITATION. The Contractor shall provide sanitary facilities for all persons working on the Work.
2-1.17 NIGHT WORK AND NORMAL WORKING HOURS. Normal
working hours at the construction site shall be between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Friday. Legal holidays are excluded. Certain utility connections and street operations are anticipated to require night Work by the Contractor during low usage periods.
The Contractor may also be required to prosecute the Work at night if, at any time, the Director shall deem it necessary for the progress of the Work, or if emergencies arise. The Contractor shall promptly comply with any such requirements made in writing by the Director. The Contractor will also be permitted to Work at night if Contractor satisfies the Director of the need therefor, in order to maintain the required progress or protect the Work from the elements.
Certain activities are required to be performed at night for nominal progress of the Work and/or are specified to be performed at night by other portions of the Supplemental Conditions. When required, ordered, or permitted to Work at night, the Contractor shall provide sufficient and
GC – 2:16
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] satisfactory lighting and other facilities therefor. The Contractor shall receive no extra payment for night Work, if specified or if required to be performed during the normal progress of the Work, but compensation shall be considered as having been included in the price stipulated for the Work.
If Contractor performs work during weekends, holidays or any non-normal work hours, Contractor shall pay for required City Inspectors.
2-1.18 LINES AND GRADES. Unless otherwise provided in the Supplemental Conditions, the Contractor shall lay out all Work, including structures and pipelines, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Director's decision will be final.
As part of the bid price for the construction of the improvements, the Contractor shall provide and be responsible for the layout of all Work on this project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Contract Drawings and as required for the proper operation and function. The Contractor shall stake its Work area limits. Contractor shall perform all construction staking using a land surveyor licensed in the State of California. Contractor shall provide a staking plan prior to commencement of Work for the City’s review and maintain monuments, stakes, and marks, and shall update the plan as necessary. Director, or Director’s designated representative, may verify the field condition. Errors or inconsistencies in the Contract Documents discovered by the Contractor shall be reported to the Director within twenty-four (24) hours and prior to constructive forms or related improvements. Any work Installed with this requirement shall be subject to removal and replacement at the Contractor’s expense.
GC – 2:17
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The Contractor's lay-out shall be based on existing structures, property lines, survey control, and bench marks established by the City. All structures and pipeline connections shall be Installed based on actual elevation of existing structures to which connections are made.
The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Director in checking location and grades of the Work as set by the Contractor if the Director desires to perform this checking. This shall include moving materials and equipment located between monuments and the construction Work.
2-1.19 ARCHEOLOGICAL DISCOVERIES. Upon discovery of prehistoric or historic artifacts, or other indicators or examples of cultural resources discovered during the course of site preparation, grading, excavation, construction or other development activities, all operations within fifty feet (50’) of the find shall cease until such time as the City provides the services of a qualified archeologist to evaluate the finds and recommend appropriate action.
Prehistoric materials can include flaked stone tools (e.g., projectile points, knives and choppers) or tool making debris of obsidian, chert, quartzite and other materials, culturally darkened soil (i.e., midden, which often contains heat affected rock, ash and charcoal, shellfish remains, and cultural materials), and stone milling equipment such as mortars, pestles and hand stones. Historic material may include wood, stone, concrete or adobe footings, walls and other structural remains; debris filled wells or privies; and deposits of wood, metal, glass, ceramics and other refuse.
2-1.20 PRESERVATION OF MONUMENTS. Any monuments or bench marks disturbed by construction operations shall be repaired per the City’s standard and promptly re-established by a registered land surveyor or civil engineer. A plat for each monument shall be furnished to the Director after the plat has been recorded with the Placer
GC – 2:18
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] County Recorder's Office at no additional cost to the City. The recorded plat shall serve as a record of the re-establishment of said existing survey points. 2-1.21 CONFORMITY WITH CONTRACT DOCUMENTS. Work and
materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, required by the Contract Documents. Although measurement, sampling and testing may be considered evidence as to such conformity, the City shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. At its option, the City may elect to accept deviations from the Contract Documents with appropriate backcharge Assessments against the Contractor, and, if such an election is made, the City will provide written notice to the Contractor of such acceptance. 2-1.22 FINAL CLEANUP. Prior to final Acceptance of the Work, the Contractor shall thoroughly clean the Premises, remove all temporary structures built by or for the Contractor, and remove all equipment and surplus construction material and debris from the area. The entire project, before Acceptance by the City, shall be left in a neat and clean condition. All Work areas and temporary construction areas shall be returned to essentially the same conditions existing before the commencing of project construction. 2-1.23 AS-BUILT DOCUMENTS AND DRAWINGS. The Contractor shall maintain one set of the full size prints furnished by the City and mark thereon in color any deviations from plan dimensions, elevations, or orientations. Also, the Contractor shall locate on said prints, all underground facilities, such as piping, conduits and tanks by accurate field measurement from structure walls, corners, etc. The Contractor shall submit the prints and an electronic CD (searchable PDF or source file format such as AutoCAD) in good condition to the Director upon completion of the job as a condition of Acceptance of the project. Marked prints
GC – 2:19
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] shall be updated at least once each week and shall be available to the Director for review as to currency prior to developing partial payment estimates. After the completion of testing, but prior to Acceptance, the Contractor shall submit As-Built electrical drawings in color and an electronic CD showing all components and their wiring, and as specified in the Supplemental Conditions. 2-1.24 SUPERINTENDENCE. The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor.
The Contractor shall designate in writing before starting Work, an authorized representative who shall have the authority to represent and act for the Contractor.
When the Contractor is comprised of two (2) or more persons, firms, partnerships, or corporations functioning on a joint venture basis, said Contractor shall designate in writing before starting Work, the name of one authorized representative who shall have the authority to represent and act for the Contractor. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them from the Project. Contractor shall immediately comply with the City’s request for dismissal, at no cost to the City, and shall designate a replacement, which shall be subject to approval by the City.
Said authorized representative shall be present at the site of the Work at all times while Work is actually in progress on the Contract. When Work is not in progress and during periods
GC – 2:20
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] when Work is suspended, arrangements acceptable to the Director shall be made for any Emergency Work that may be required.
Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Director, which shall be received and obeyed by the superintendent or foremen who may have charge of the particular Work in reference to which the orders are given.
Any order given by the Director, not otherwise required by the Supplemental Conditions to be in writing, will on request of the Contractor, be given or confirmed by the Director in writing.
2-1.25 CHARACTER OF WORKER. If any Subcontractor or person employed by the Contractor shall appear to the Director to be incompetent or to act in a disorderly or improper manner, he or she shall be removed immediately on the requisition of the Director, and such person shall not again be employed on the Work. 2-1.26 INSPECTION. The Contractor shall at all times permit the Director to inspect the Work or any part thereof. The Contractor shall maintain proper facilities and provide safe access for such inspection by the Director to all parts of the Work, and to the shops where the Work is in preparation. Work shall not be covered up until authorized by the Director and the Contractor shall be solely responsible for notifying the Director where and when such Work is in readiness for inspection and testing. Should any such Work be covered without authorization, it shall, if so ordered, be uncovered at the Contractor's expense.
Unless otherwise designated as normal working hours, whenever the Contractor intends to perform Work on Saturday, Sunday, or a Legal Holiday, the Contractor shall give notice to the Director of such intention forty-eight (48) hours prior to performing such Work, or such longer
GC – 2:21
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] period as may be specified so that the Director may make necessary arrangements.
The observation and/or approval of the workmanship or materials by the City shall not relieve the Contractor of any obligations to fulfill the requirements of the Contract Documents.
Workmanship and materials not meeting such requirements shall be corrected and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the City, or payment therefor has been included in a progress estimate.
The City may order re-examination of questioned Work at any time before final Acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removing, recovering and replacing 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 that has been covered prior to observation by the City does not qualify as re-examined work; the City may order such work uncovered for observation without payment of any costs.
2-1.27 REMOVAL OF REJECTED AND UNAUTHORIZED WORK. All Work which has been rejected shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Director and no compensation will be allowed the Contractor for such removal, replacement, or remedial Work.
Any Work done beyond the lines shown on the Contract Drawings or established by the Director, or any Work done without written authority will be considered as unauthorized Work and will not be paid for. Upon order of the Director, unauthorized Work shall be remedied, removed, or replaced at the Contractor's expense.
GC – 2:22
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Upon failure of the Contractor to comply promptly with any order of the Director made under this section, the Director may cause rejected or unauthorized Work to be remedied, removed, or replaced, and the costs thereof will be deducted from any moneys due or to become due the Contractor.
GC – 3:1
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 3
CHANGES IN THE WORK
3-1.01 CHANGES. The Director, without invalidating this Agreement and without notice to Contractor’s surety, may order changes in the Work, consisting of additions or deletions, or other revisions. The Contract Price and the Contract Time shall be adjusted accordingly. All such changes in the Work, including in the Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the Director.
If Contractor claims that performance of any work entitles it to additional compensation or to an extension of time for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or Contract Time within three (3) Days of discovering such impact, by submitting a Notice of Potential Claim described in Section 7-1.03 below, or notice of delay as described in Section 6-1.09 below. If the Director refuses to issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall submit a complete and specific Claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed, as described in Section 7-1.03 below. Failure to provide written notice of claims prior to undertaking such work, failure to provide a timely Notice of Potential Claim, or failure to submit timely a complete and specific Claim for additional compensation and/or extension of the time for performance, shall be deemed a waiver and abandonment of any such Claim. No Claim, dispute or controversy shall interfere with the progress or performance of the Work and the Contractor shall proceed with the Work as directed by the Director. Failure to so proceed shall amount to a
GC – 3:2
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] default under this Agreement.
3-1.02 PROPOSED CHANGE ORDERS. The Contractor will be notified in writing of a proposed Change Order describing the intended change. Within fifteen (15) Days after receipt of a written request, the Contractor shall submit its proposed price to be added or deducted from the Contract Price due to the change and its estimate of the extent of the adjustment in the Contract Time, if any. The Contractor's proposed price to be added to or deducted from the Contract Price shall be supported by a detailed estimate of cost prepared by the Contractor, vendor or Supplier. The Contractor's proposed price submittal shall be accompanied by a statement of the time necessary for the changed Work, together with a description of how this time will be incorporated into the current Construction Schedule. The Contractor shall upon request by the Director permit inspection of its original Contract estimate, subcontract agreements or purchase orders relating to the change.
If agreement is reached on the adjustment in compensation as provided in Section 3-1.05, “Contract Price Adjustment,” of these General Conditions, the Contractor shall proceed with the Work as changed at the agreed price.
If the Contractor and the Director fail to agree as to the adjustment in compensation for the performance of the changed Work, the Contractor, upon written order from the Director, shall proceed immediately with the changed Work and the Contract Price shall be adjusted in accordance with Section 3-1.06, “Force Account Payment,” of these General Conditions.
If the Contractor fails to submit its cost estimate within such fifteen (15) Day period, the Contractor shall commence the Work as changed immediately upon receipt of written order of the Director, and the Contract Price will be adjusted in accordance with the Director's cost estimate for the changed Work.
GC – 3:3
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 3-1.03 EMERGENCY AND INDETERMINATE TYPE CHANGE
ORDERS. Changes in the Work made necessary by an Emergency, as determined by the Director, or changes of a kind where the extent of the Work cannot be determined until completed, may be authorized by the Director in writing. The Change Order shall state that it is issued pursuant to this Section 3-1.03. Upon receipt of an authorized Change Order or other written order of the Director, the Contractor shall proceed with the ordered Work and the Director will maintain a daily job record containing a detailed summary of all labor, materials and equipment required for the changed Work.
Within fifteen (15) Days after receiving a written request, the Contractor shall submit a detailed estimate of cost for the change and any requested change in Contract Time in the same manner as required for proposed Change Orders in Section 3-1.02 of these General Conditions. 3-1.04 EXECUTED CHANGE ORDER. A Contract Change Order signed by both the Director and the Contractor is an “executed Contract Change Order.” By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended Overhead, delay or any other “impact” claim or “ripple effect” claim.
The Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for the Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order. 3-1.05 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract Price, the amount of such adjustment shall be determined by one of the following methods, or a combination thereof, as determined by the City and in its sole discretion:
GC – 3:4
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] A. Lump sum. The Contractor and the City may agree on a lump sum amount for the Change Order. At the City’s request, the Contractor will provide pricing for the work. Maximum markups for Contract Change Orders paid for using lump sum pricing shall be paid for in the same manner and in the same amounts as markups for Force Account work, as described in Section 3-1.06 below.
B. Unit Prices. The unit prices set forth in the Contractor’s Schedule of Bid Prices will be utilized where they are applicable and acceptable to the City. The Contractor’s unit prices shall remain firm and shall not be subject to adjustment unless and until the actual quantity of work is increased or decreased by Contract Change Order in an amount greater than twenty-five percent (25%) from the estimated quantity indicated for such item. No markups will be given for Contract Change Orders paid for using unit prices.
Unit prices for new items included in the Contract Change Order but not included in the original bid shall be as mutually agreed upon or, in the absence of agreement, as determined by the City in the same manner as if the work were to be paid for on a Force Account basis, as described in Section 3-1.06 below.
C. Force Account. Where the City and the Contractor are unable to agree on lump sum pricing and if the City does not elect to utilize the unit prices in Contractor’s bid, or such unit prices are not applicable, the changed work will be performed and tracked by the Contractor as Force Account work, as described in Section 3-1.06 below. The City will pay for such work, including markups, properly attributable to the change in accordance with those Force Account provisions.
D. Eliminated Items. The City reserves the right to delete any bid item of Work in its entirety. The City makes no representation that any work under a bid item of Work
GC – 3:5
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and the Contractor shall not be entitled to any anticipated profit, unabsorbed Overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to Force Account mark- ups on the direct and verifiable costs incurred prior to the City’s order that deletes the work.
Should any bid item of Work be eliminated in its entirety and not accounted for as described immediately above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the City of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the City, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, Supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the City so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned materials will also be paid for by the City. The actual direct and verifiable costs to be paid by the City as provided herein will be computed in the same manner as if the work were to be paid for on a Force Account basis, including the application of Force Account mark-ups to said costs.
3-1.06 FORCE ACCOUNT PAYMENT. When Work performed pursuant to a
GC – 3:6
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Change Order is to be paid for on a Force Account basis, the Contractor’s labor, materials and equipment used in the performance of such Work shall be subject to the approval of the City, and the compensation will be determined as set forth below in this section. 3-1.06A LABOR. The Contractor will be paid an amount based on the actual cost for the workers (including foremen when authorized by the Director) used in the actual and direct performance of the Work. All labor costs associated with Overhead, whether field or home office, are specifically excluded herein, as those labor costs are covered by the below mark-ups. The cost of labor, whether the employer is the Contractor, Subcontractor or other forces, shall include employer payments; assessment of benefits required by lawful labor union collective bargaining agreements; compensation insurance payments; contributions made to the State pursuant to the Unemployment Insurance Code; and for taxes paid to the Federal Government pursuant to the Social Security Act of August 14, 1935, as amended. No labor cost will be recognized at a rate in excess of the wages prevailing in the locality at the time the Work is performed, nor will the use of a labor classification, which would increase the cost, be permitted unless the Contractor establishes to the complete satisfaction of the Director the necessity for payment at a higher rate.
3-1.06B MATERIALS. Only materials furnished by the Contractor and necessarily used in the performance of the Work will be paid for. Such cost of materials may include the costs of procurement, transportation and delivery if necessarily incurred. If a cash or trade discount by the actual supplier is available to the Contractor, it shall be credited to the City.
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 plus the actual costs, if any, incurred in the
GC – 3:7
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] handling of such materials. 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 Bid items or the current wholesale price for such materials delivered to the job site, less any discounts as provided herein, whichever is lower. If, in the opinion of the Director, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to it from the actual supplier within sixty (60) Days after the date of delivery of the materials or within fifteen (15) Days after Acceptance of the Agreement, whichever occurs first, the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required, less any discounts provided herein. The Department reserves the right to furnish such materials required by the Change Order as it deems advisable, and the Contractor shall have no claim for cost or markups on material furnished by the Department. 3-1.06C EQUIPMENT. The Contractor will be paid an amount based on the actual cost for the use of equipment directly required and approved by the Director in the performance of the changed Work. No payment will be made for time while equipment is inoperative due to breakdowns or on Days when no Work is performed. In addition, the rental time shall include the time required to move the equipment to the Work from the nearest available source of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid. Moving time, loading and transportation costs will only be paid if the equipment is used exclusively on the changed Work during the time between move in and move out. Individual pieces of equipment having a replacement value of One Thousand Dollars ($1000) or less shall be considered to be tools or small equipment, and no payment will be made therefore. For equipment owned,
GC – 3:8
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] furnished, or rented by the Contractor, no cost therefore shall be recognized in excess of the equipment rental rates published by Caltrans at the following website address:
http://www.dot.ca.gov/hq/construc/equipmnt.html. Equipment located at a Work Site and utilized on non-Force Account work shall not eligible for standby payment, and shall be charged on a Force Account basis only when solely performing pre-approved Force Account work tasks. 3-1.06D MARKUPS. When a Change Order increases the cost of the Work, the Contractor may add the following maximum markups to its actual costs of labor, materials, or equipment rental:
15 percent for labor;
10 percent for materials; and
5 percent for equipment rental.
The above markups include full compensation, covering the costs of all supervision, bonds, profit, Overhead, and other general expenses not specifically designated as a direct cost in Sections 3-1.06A through 3-1.06C above. The total payment (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. The Contractor specifically understands and agrees that such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended Overhead, Change Order management, delay or other “impact” claim or “ripple effect” claim.
When work paid for on a Force Account basis is performed by forces other than the Contractor’s own forces, the maximum allowable mark-ups for the Subcontractors’ costs shall be fifteen percent (15%) for the cost of labor, ten percent (10%) for the cost of materials, and five percent (5%) for the cost of rented equipment. In these situations where the work is being performed by Subcontractors, the Contractor will only be entitled to an additional five percent
GC – 3:9
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (5%) mark-up and will not be entitled to receive the additional mark-ups specified in this section.
When a Change Order decreases the cost of the Work, the reduction in cost shall include a five percent (5%) markup on the estimated cost for furnishing the labor, materials and equipment, which would have been used on such Work, had the Change Order not been issued.
When a Change Order involves both added Work and deleted Work, the markup or markups to be used shall be as follows:
The actual costs of labor, materials, and equipment rental for added and deleted Work shall be calculated separately without adding markups. If the difference between the calculated costs for labor results in an increased cost, a markup of fifteen percent (15%) shall be applied to the increased cost. If the difference between the calculated costs of materials or equipment rental results in an increased cost, a markup of ten percent (10%) and five percent (5%) respectively, shall be applied to the increased costs of materials or equipment rental, as the case may be. If the difference between the calculated costs for labor, materials or equipment rental results in a decreased cost, a markup of five percent (5%) shall be applied to the decreased costs of labor, materials or equipment rental, as the case may be.
Contractor shall not add mark-ups on work performed and billed by City staff nor add mark-ups to successive iterations of proposed Change Order cost proposals returned to Contractor by the City due to incomplete or inaccurate information being originally submitted by the Contractor. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. 3-1.06E 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.
GC – 3:10
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] From the above records, the Contractor shall furnish the City completed daily extra work reports, on forms acceptable to the City, for each Day’s extra work to be paid for on a Force Account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, Subcontractor, or other forces. The daily extra work reports shall provide names and 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. Daily extra work and Force Account reports (actual or claimed) shall be signed by both the City’s and the Contractor’s representatives within twenty-four (24) hours of the performance of the work.
Valid copies of vendor’s invoices shall substantiate material charges. 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. Should said vendor’s invoices not be submitted within sixty (60) Days after the date of delivery of the material or within fifteen (15) Days after the Acceptance of the Agreement, 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 were available in the quantities, less any discounts.
The City 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, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a 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 Agreement and for a period of not less than three (3) years after the date of Agreement completion and the
GC – 3:11
[[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) Days after the date of Acceptance of the Agreement, the Contractor will be given fifteen (15) Days’ notice of the time when such audit is to begin.
3-1.07 COST REDUCTION PROPOSALS. The City encourages the Contractor to submit Cost Reduction Proposals whenever the Contractor identifies areas and/or instances in which there can be savings to the Work. Contractor may submit to the City, in writing, proposals for modifying the plans, Specifications or other requirements of the Agreement for the sole purpose of reducing the total cost of construction, including the time for completion of the Work. The City may consider such Cost Reduction Proposals and, if accepted, the Agreement will be equitably adjusted. The City has no obligation to consider or accept Cost Reduction Proposals.
GC - 4:1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 4
CONTROL OF MATERIALS
4-1.01 MATERIALS. The Contractor shall furnish all materials required to complete the Work, except materials that are designated in the Supplemental Conditions to be furnished by the City and materials furnished by the City in accordance with Section 3, “Changes in the Work,” of these General Conditions.
Unless otherwise specified in the Supplemental Conditions, materials furnished by the Contractor for incorporation into the Work shall be new. When the quality or kind of materials, articles, or equipment is not particularly indicated, then the quality or kind thereof shall be similar to those that are indicated.
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.
All materials which do not conform to the requirements of the Contract Documents as determined by the Director, will be rejected whether in place or not. Rejected material shall be removed immediately from the site of the Work, unless otherwise permitted by the Director. 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 Director. Upon failure of the Contractor to comply promptly with any order of the Director made under these provisions, the Director shall have the authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.
Manufacturer's warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the Work, shall be delivered to the Director
GC - 4:2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] before Acceptance of the Contract.
Unless otherwise designated in the Supplemental Conditions or Specifications, materials furnished by the City will be delivered to the job site. Materials furnished by the City that are designated in the Supplemental Conditions as available at locations other than the job site shall be hauled to the site of the Work by the Contractor at its expense, including any necessary loading and unloading that may be involved.
The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Department for the cost of replacing City-furnished material and such costs may be deducted from any moneys due or to become due the Contractor.
4-1.02 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 Contractors for the Work is dated, except as may be otherwise stated.
When standards or test designations of the Federal Government, trade societies, or trade associations are referred to in the Contract Documents by specific date of issue, these shall be considered as part of the Contract. When such references do not bear a date of issue, the edition in effect on the day the Notice to Contractors for the Work is dated shall be considered as part of the Contract.
4-1.03 SAMPLING AND TESTING OF MATERIALS. Unless otherwise specified, all tests shall be performed in accordance with the methods used by the State
GC - 4:3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Department of Transportation (Caltrans) and shall be made by the Director or his or her designated representative.
The State Department of Transportation has developed test methods for testing the quality of materials and Work. These test methods are identified by a California Test followed by the serial number. Copies of individual tests are available at the State Department of Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.
Whenever a reference is made in the Supplemental Conditions to a California Test by number, it shall mean the California test in effect on the day the Notice to Contractors for the Work is dated.
Whenever the Supplemental Conditions provide an option between two (2) or more test methods, the Director will determine the test method to be used.
Whenever a Supplemental Condition, 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 Director. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions of this Section 4-1.03 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 Director may at his or 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 Supplemental Conditions and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Director.
When requested by the Director, the Contractor shall furnish, without charge, samples of
GC - 4:4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] all material entering into the Work, and no material shall be used prior to approval by the Director, except as provided in Section 4-1.04, “Certificates of Compliance,” of these General Conditions.
A. Inspection and Access for Testing. The Contractor shall provide safe access for the Director and his or her inspectors to adequately inspect the quality of Work and conformance with the General and Supplemental Conditions. The Contractor shall provide adequate lighting, ventilation, ladders and other protective facilities as may be necessary for the safe performance of inspections.
The Contractor shall submit samples or specimens of such materials to be furnished or used in the Work as the Director may require. The Contractor shall furnish the Director all necessary labor and facilities for such things as excavation in the compacted fill to depths required to take samples.
Inspections, tests, or favorable review by the Director or others shall not relieve the Contractor from its obligations to perform the Work in accordance with the requirements of the Contract Documents.
Work covered without the favorable review or consent of the Director shall, if required by the Director, be uncovered for examination at the Contractor's expense.
If the Engineer, Architect, or Director considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Director's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Director may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] satisfactory reconstruction. If, however, such Work is not found to be defective and the Work was not covered without favorable review of the Director, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to cover its costs directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate Change Order shall be issued.
Whenever the Contractor varies the period during which Work is carried on each Day, the Contractor shall give due notice to the Director so that proper inspection may be provided. Any Work done in the absence of the Director may be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Director and other agents of the City. Authorized representatives and agents of the Director shall be permitted access to inspect all Work and materials wherever it is required for preparation of progress reports, and the Contractor shall provide proper facilities for such access and inspection.
It is the Contractor's responsibility to supervise the Work and complete the project in accordance with the Contract Documents. In the course of managing that effort, the Contractor shall generate its own punch lists as deemed necessary. The Director may prepare punch lists for the Director's own use in communicating with the Contractor; however, the Director shall be under no obligation to prepare punch lists for the Contractor. In general, the Director will prepare punch lists only after the Contractor has given the Director written notice that the subject Work is completed and tested in accordance with the Contract Documents and is ready for operation and/or use and/or occupancy. Failure of the Director to include an item in a punch list shall not relieve the Contractor of its duty to satisfactorily complete all Work required by the Contract Documents.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Upon Final Completion of the construction Work and request by the Contractor, the Director will conduct a final inspection as a basis for recommending to the City that the Work be accepted.
B. Field and Materials Testing. Where the Supplemental Conditions require Work to be specially field tested or approved, it shall be tested only in the presence of the Director after timely notice of its readiness for inspection and test, and the Work after testing shall be covered up only upon the consent thereto of the Director.
The results of any tests made are for the information of the Director. Regardless of any test results, the Contractor is solely responsible for the quality of workmanship and materials and for compliance with the requirements of the Contract Drawings and Supplemental Conditions.
Except as specifically required under the Supplemental Conditions, all tests by the Director of materials furnished by the Contractor will be done in accordance with commonly recognized standards of national organizations. The Contractor shall furnish such samples of all materials as required by the Director without charge. No material shall be used unless it has been favorably reviewed by the Director.
Where such inspection and testing are to be conducted by an independent Laboratory or agency, the sample or samples of materials to be tested shall be selected by such Laboratory or agency, or the Director, and not by the Contractor.
C. Costs of Testing.
1. Initial Services: The City shall furnish and pay for all initial testing services required by the Contract Documents. When initial tests indicate non-compliance with the Contract Documents, the cost of initial tests associated with that non-compliance will be
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] deducted by the City from the balance owed the Contractor. The Contractor shall furnish samples of materials for testing as may be required by the Director. Such samples shall be furnished without cost to the City.
2. Retesting: When initial tests indicate non-compliance with the Contract Documents, all subsequent retesting occasioned by the non-compliance shall be performed by the same testing Laboratory and the cost thereof will be deducted by the City from the balance owed the Contractor. Contractor shall be billed for each additional test.
3. Contractor Convenience Testing: Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor.
4. Additional Tests and Inspections: When in the opinion of the Director additional tests or inspections are required because of the manner in which the Contractor executes its Work, such tests and inspections shall be paid for by the City, but will be deducted from the Contract Price. Examples of such tests and inspections are tests of materials substituted for previously accepted materials or substituted for specified materials, retests made necessary by failure of material to comply with the requirements of the Specifications, load tests made necessary because of portions of the structure not fully meeting Specifications or plan requirements, etc.
4-1.04 CERTIFICATES OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Supplemental Conditions require that such a Certificate be furnished. In addition, the Director may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] respects with the requirements of the Supplemental Conditions. A Certificate of Compliance shall be furnished with each lot of such materials delivered to the Work and the lot so certified shall be clearly identified in the Certificate.
All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that 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 Department 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 directed by the Director.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 5
LEGAL RELATIONS AND RESPONSIBILITY
5-1.01 LAWS TO BE OBSERVED. The Contractor shall keep informed of and observe, and comply with and cause all of its agents and employees to observe and comply with, all prevailing Federal and State laws, and rules and regulations made pursuant to said Federal and State laws, and county and municipal ordinances, and regulations, which in any way affect the conduct of the Contract. If any conflict arises between provisions of the Contract and any such law above referred to, the Contractor shall notify the Director at once in writing. To the fullest extent allowed by law, the Contractor shall defend, indemnify, and save and hold harmless the City or any of its officers, agents, employees, and volunteers against any claim or liability arising from or based on the violation of any such law, rule, or regulation, whether by itself or its agents or employees.
5-1.02 HOURS OF LABOR. Eight (8) hours labor constitutes a legal Day's work. The Contractor or Subcontractor shall, as a penalty to City, forfeit Twenty-five Dollars ($25) for each worker employed in the execution of the contract by the respective Contractor or Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that Work performed by employees of Contractors in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay, as provided in said
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Section 1815. In addition, Contractor and/or its Subcontractors may be required to pay double the basic rate of pay for all hours worked in excess of twelve (12) hours in any workday and under other circumstances. (See California Code of Regulations, Title 8, Sections 16100(c)(6) and (16200(a)(3)(F) and applicable Department of Industrial Relations prevailing wage determinations.)
5-1.03 NONDISCRIMINATION.
A. Attention is directed to Labor Code Section 1735, which reads as follows:
“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Sec tion 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.” B. During the performance of this Contract, Contractor and its Subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor and Subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and Subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Government Code §12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0 et seq.) and other applicable State and Federal regulations and City
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] policies pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under the agreement. 5-1.04 PREVAILING WAGE. The Contractor and any Subcontractor shall comply with Labor Code Sections 1770 et seq. In accordance with said Section 1775 the Contractor and any Subcontractor under the Contractor shall, as a penalty, forfeit to the state or City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which such worker is employed for under the Contract by the Contractor or by any Subcontractor under the Contractor.
The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (a) whether the failure to pay the correct rate of per diem wages was a good-faith mistake and, if so, whether the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor; and (b) whether the Contractor or Subcontractor has a prior record of failing to meet its prevailing wage obligations.
The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or Subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or Subcontractor.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or Subcontractor has been assessed penalties within the previous three (3) years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.
The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1 of the Labor Code.
If the amount due under this section is collected from the Contractor or Subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code against the Contractor or Subcontractor shall be satisfied before applying that amount to the penalty imposed on that Contractor or Subcontractor pursuant to this section.
The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for an abuse of discretion.
In addition to said penalty, 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 shall be paid to each worker by the Contractor or Subcontractor.
If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the Subcontractor to pay
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:
1. The contract executed between the Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 177.5, 1813, and 1815 of the Labor Code.
2. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees, by periodic review of the certified payroll records of the Subcontractor.
3. Upon become aware of the Subcontractor’s failure to pay its workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the Subcontractor for work performed on the public works project.
4. Prior to making final payment to the Subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to its employees on the public works project and any amount due pursuant to 1813 of the Labor Code.
Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within fifteen (15) Days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a Subcontractor on that public works project to pay workers the general prevailing rate per diem wages.
Pursuant to the provisions of California Labor Code Section 1773, the City has obtained