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[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.
FOR
When requested by the Director, the Contractor shall furnish, without charge, samples of
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[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 FOR
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 FOR
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 FOR
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 FOR
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 FOR
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 Section 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 FOR
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 FOR
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 FOR
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.
FOR
Pursuant to the provisions of California Labor Code Section 1773, the City has obtained
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] the general prevailing rate of wages applicable to the categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday, and holiday Work.
The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned or, if no collective bargaining applies, those holidays identified in Government Code Section 6700.
These 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, which is incorporated herein as a part of this Contract.
Pursuant to Labor Code Section 1773.2, the general prevailing wage rates set forth above, which forms a part of this Contract, shall be posted by the Contractor at a prominent place at the site of the Work.
Pursuant to Labor Code Section 1773.6 and California Code of Regulations Section 16204, Title 8, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date.
The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its Bid, and will not under any circumstances be considered as the basis of a claim against the City or Contract.
When both California and Federal prevailing wage rates apply, the Contractor and any Subcontractors shall pay their workers the higher of the two rates. The Contractor and any Subcontractors shall insert this clause in any lower tier contract.
FOR
5-1.05 REGISTRATION REQUIRED AS QUALIFICATION TO BID.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 contractor 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. 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 public work pursuant to Section 1725.5.
5-1.06 PAYROLL RECORDS. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by its Subcontractors.
A. The Contractor and each Subcontractor shall keep accurate and current payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Section 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (A) shall be available FOR
for inspection at all reasonable hours at the principal office of the Contractor on the following
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (A) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. The City reserves the right to withhold any progress payments to the Contractor in the event of noncompliance with the subsection.
3. A certified copy of all payroll records enumerated in subdivision (A) shall be made available upon request by the public for inspection or for copies thereof.
However, a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
D. Each Contractor shall file a certified copy of the records enumerated in subdivision (A) with the entity that requested the records within ten (10) Days after receipt of a written request.
E. Any copy of the records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of FOR
Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] obliterated to prevent disclosure of an individual's name, address and social security number.
The name and address of the Contractor awarded the Contract or Subcontractor performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent the disclosure of an individual’s name and social security number. A joint labor-management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labormanagement committee reasonable attorneys’ fees and costs incurred in maintaining the action.
An action under this subdivision may not be based on the employer’s misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this section.
F. The Contractor shall inform the City of the location of the records enumerated under subdivision (A), including the street address, city and county, and shall, within five (5) business days, provide a notice of a change of location and address.
G. The Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (A). In the event that the Contractor or Subcontractor fails to comply within the ten (10) Day period, the Contractor shall, as a penalty to the State or City, forfeit twenty-five ($25) Dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these FOR
penalties shall be withheld from any progress payment or final payment then due. A contractor
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.
5-1.07 SAFETY REQUIREMENTS. It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code Section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the Work Site, including safety of all persons and property during performance of the Work.
Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce Work Site safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all Subcontractors adhere to the minimum Cal/OSHA safety requirements and that each Subcontractor has an effective Cal/OSHA IIPP (Illness and Injury Prevention Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.
The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Application for Payment.
FOR
Prior to Contractor commencing construction project work on City property, Contractor
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] shall make available copies of its Health and Safety Plan (HASP) that meets or exceeds applicable Cal/OSHA regulations. The Contractor’s HASP shall also meet or exceed the requirements of any applicable City-wide or departmental specific Injury and Illness Prevention Programs (IIPP) and other HASP programs, procedures, and plans. Potentially applicable HASP programs, procedures, and plans include, but are not limited to, the following:
1. Bloodborne Pathogens Exposure Control Plan;
2. Confined Space Entry Procedure;
3. Electrical Safety Program (Lockout/Tagout);
4. Emergency Action Plans (Site Specific);
5. Fire Prevention Plans (Site Specific);
6. Hazardous Waste Operations Emergency Response Plan (or Equivalent);
7. Hazard Communication Program (SDS’s and Right-to-Know training);
8. Heat Illness & Prevention Plan;
9. Hearing Conservation Program;
10. Hot Work/Welding Procedure;
11. Job Hazard Analyses/Standard Operating Procedures;
12. Traffic Control & Flagging;
13. Excavation/Dig Safe Procedure;
14. Fall Protection Plan;
15. Personal Protective Equipment Plan;
16. Respirable Crystalline Silica Exposure Control Plan;
17. Respirator Program;
FOR
18. Soils Management Plan (for contaminated soils); and
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
19. Transite (Asbestos) Pipe Work Procedure.
Additionally, Contractor shall be responsible for complying with all City-wide and departmental specific safety requirements as identified in the Supplemental Conditions or presented at a pre-construction meeting.
Contractor shall inform City in advance of the quantity of chemical(s) to be used for the project and the total quantity of chemical(s) that will be brought onto City property. In addition, Contractor shall provide City with one copy of the Safety Data Sheet (SDS) for each chemical expected to be used to complete the project and for each chemical brought to the Work Site, regardless of whether such chemicals are ultimately used for the project.
The services of the Director in conducting construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's Work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near the construction site. If a City employee observes a safety violation, the City employee will report the violation to the Contractor who is then responsible for assuring the violation is abated.
The Contractor is hereby informed that Work on this project could be hazardous. The Contractor shall carefully instruct all personnel working in potentially hazardous Work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to Work underground.
All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements of Cal/OSHA. The Contractor shall be solely responsible for compliance with all City, County FOR
and State blasting requirements and for any damages caused by its operations.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] To ensure compliance with California Labor Code Section 6705, the Contractor shall submit to the City, at least five (5) Days in advance of excavation of any trench five feet (5’) or more in depth, Working Drawings to the Director showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such Working Drawings vary from the shoring system standards established by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared and signed by a registered civil or structural engineer in the State of California. This in no way relieves the Contractor from the requirement of maintaining safety in all operations performed by the Contractor or the Contractor's Subcontractors and nothing in this section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Cal/OSHA Construction Safety Orders of the Division of Industrial Safety Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to Contractor who shall be responsible for the successful construction of the Work. The City shall approve Working Drawings before any Work involving such drawings is performed. Approval and/or acceptance by the City or its designated agent only constitutes acknowledgment of the submission and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submissions, applicability to areas of intended use, nor implementation of the plans, which are solely the responsibility of the Contractor and its registered engineer.
The Contractor shall perform its Work as not to expose personnel to, or to discharge into FOR
the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction and shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limitation, payment of any fines or penalties levied against the City by any agency as a result of such release and shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any claims arising from such release.
For purposes of this section only, the term “claims” shall include:
1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and
2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its officers, agents, employees, and volunteers for any loss, cost (including reasonable attorneys’ fees), damage or liability, sustained or suffered by any person or entity, including the City.
If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state, and local laws, at the expense of the Contractor.
The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes, and, at its cost, to perform additional tests or examine those wastes, prior to FOR
disposition. The Contractor shall defend, indemnify, and save and hold harmless the City, its
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] officers, agents, employees, and volunteers from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by the Contractor. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of required regulatory documentation including copies of final manifests shall be supplied to the City.
Contractors or Subcontractors removing one hundred or more square feet (100') of asbestos must be “Certified” in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials shall be performed with protection of personnel in compliance with all applicable regulations and safety requirements including, but not limited to, California Code of Regulations Section 1529, Title 8.
Nothing in these General Conditions is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and Install the higher standards called for without extra charge. 5-1.08 SUBSURFACE EXCAVATIONS, NOTIFICATION. The Contractor shall contact the regional notification center, “Underground Service Alert,” and schedule its Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Without limiting the foregoing, the Contractor’s attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2. 5-1.09 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during the performance of its Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such FOR
fences, barricades, lights, signs, and other devices and take such other protective measures as are
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local agency that owns the right-of-way.
The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, all safety and first aid requirements prescribed by all applicable Federal, State, and local laws and regulations, rules, and orders. The Work shall be done in a safe manner; and the Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. The Contractor shall also be reasonable for ensuring that its Subcontractors comply with the provisions of this section.
Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the authority, but not the duty, to stop the Work until such failure is remedied.
The Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions.
When required by the Contract Documents, the Contractor shall construct, maintain, and remove detours for use of public traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions.
The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic.
FOR
Due care shall be exercised to avoid injury to existing improvements or facilities, utility
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] facilities, adjacent property and trees, shrubs, and other plants that are not to be removed.
Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and Install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the Work Site, or as good as required by the Contract Documents if any such objects are part of the Work. The City may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Agreement.
The fact that any underground facilities is not shown on the Contract Drawings shall not relieve the Contractor of its responsibility pursuant to “Utility Facilities” in Section 2-1.12 elsewhere in the Contract Documents. It shall be the Contractor’s responsibility, pursuant thereto, to ascertain the location of such underground improvements or facilities, which may be subject to damage by reason of its operations.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Work involved in protecting or repairing property as specified in this section, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
FOR
5-1.10 EMERGENCIES. In an Emergency affecting the safety of life, the
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Work, or adjoining property, the Contractor, without special instructions or authorization from the City, shall act at its discretion to prevent such threatened loss or injury. In such an Emergency, the Contractor may perform such additional work as is reasonably required. Any compensation claimed by the Contractor on account of Work performed to an Emergency shall be determined in accordance with the provisions relating to Force Account payment contained elsewhere in the Contract Documents.
5-1.11 APPRENTICES. Attention is directed to Labor Code Sections 1777.5, 1777.6 and 1777.7 and Title 8, California Code of Regulations Section 200 et seq. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, a provided therein. The Contractor shall require each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to fully comply with Sections 1777.5 and 1777.6 of the Labor Code. To insure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or Subcontractor should, where some questions exist, contact the Division of Apprenticeship Standards, , or one of its branch offices prior to commencement of Work on the public works Contract. Responsibility for compliance with this section lies with the prime Contractor.
It is State and City policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards. 5-1.12 FAIR LABOR STANDARDS ACT. Attention is invited to the fact that the City has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in construction Work are required to meet the provisions of the Fair Labor FOR
Standards Act of 1958 and as amended (52 Stat. 1060).
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 5-1.13 WORKERS' COMPENSATION. Pursuant to the requirements of Labor Code Section 1860, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Labor Code Section 3700.
Prior to the commencement of Work, the Contractor shall sign and file with the Director a certification in the following form:
“I am aware of the provisions of Labor Code Section 3700 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.”
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statues, specified in Government Code Section 11017.
In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply with the applicable material requirements of the applicable Air Quality Management District. All containers of solvent, paint, thinner, curing compound, or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements.
Unless otherwise provided in the Supplemental Conditions, material to be disposed of shall not be burned, either inside or outside the Premises.
FOR
The Contractor shall also comply with all rules, regulations, statutes and ordinances
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601, 40 C.F.R. Part 61, Subpart M, and California Code of Regulations Section 1529, Title 8.
If the Contractor discovers that a building to be demolished or renovated contains asbestos containing material, the Contractor shall immediately cease Work and notify the City. 5-1.15 USE OF PESTICIDES. The Contractor shall comply with all local, state and federal rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of the Work.
Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.
Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weed, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.
5-1.16 SOUND AND LIGHT CONTROL REQUIREMENTS. The
Contractor shall comply with all local sound control, light control, and noise level rules, regulations and ordinances which apply to any Work performed pursuant to the Contract. Work shall not begin before 7 a.m. nor occur after 7 p.m., unless otherwise permitted by the City.
Each internal combustion engine, used for any purpose on the Work or related to the Work, shall be equipped with a muffler, in good working order, of a type recommended by the FOR
manufacturer. No internal combustion engine shall be operated on the project without said
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] muffler.
5-1.17 WEIGHT LIMITATIONS. Unless expressly permitted elsewhere in the Contract Documents, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code over completed or existing base, surfacing, pavement or structures. 5-1.18 ENVIRONMENTAL CLEARANCES; MITIGATION
MONITORING PROGRAMS; AND REGULATORY AGENCY PERMIT
REQUIREMENTS. The Department will obtain all environmental clearances and other authorizations necessary for this project as set forth in the Contract Documents. The Contractor shall comply with the provisions, including giving notices during construction when required, of said authorizations. In the event the obtaining of said authorizations delays completion of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.
Contractor shall comply with: (1) all mitigation identified in the mitigation monitoring program (attached to and adopted as a component of the mitigated negative declaration or Environmental Impact Report) to mitigate impacts to protected natural resources; and (2) all related permit requirements issued by the regulatory agencies authorizing the project. Contractor shall defend, indemnify, and save and hold harmless the City, its officers, agents, employees, and volunteers from any fines, claims, suits, actions or regulatory sanctions of every name, kind and description brought forth, or on account of, damage to protected natural resources from or arising out of Contractor’s negligence or willful misconduct in the performance of this Agreement. 5-1.19 PERMITS AND LICENSES. The Contractor acknowledges and agrees FOR
that, prior to the submission of its bid for the Work, it fully familiarized itself with the
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] requirements of all applicable federal, state, county and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits.
The Contractor shall procure all permits and licenses, including any applicable building permits (except those procured or to be procured by the City which are listed elsewhere in the Contract Documents), in coordination with the Director, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the Work. Contractor shall be responsible for applying, paying all fees, and coordination for obtaining all permits for completion of the Work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. Contractor will apply to the City for reimbursement for such permits costs.
Accordingly, Contractor should not include the anticipated costs for permits in its bid, as the necessary permit costs will be reimbursed by the City.
The California Environmental Quality Act (Public Resources Code, Section 21000 to 21177) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in sufficient time to prevent delays to the Work.
The Contractor shall maintain the applicable Contractor’s license as identified in the Notice to Contractors and City business license for the duration of the Work. 5-1.20 WATER POLLUTION. The Contractor shall comply with all water pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any water pollution control rules, regulations, and statutes, FOR
specified by the most current State of California NPDES General Permit for Stormwater
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Discharges Associated with Construction Activity.
The Contractor shall take all necessary precaution to protect streams, vernal pools, ponds, reservoirs, and lakes from pollution with fuels, oils, bitumen, calcium chloride, and other harmful materials as consistent with the law. Also, the Contractor shall conduct and schedule operations so as to avoid discharging pollutants, such as but not limited to: sediment and silt to the storm drain system. The storm drain system consists of all facilities that are designed to convey stormwater to the Waters of the State as defined in the California Water Code. The storm drain system includes, but is not limited to, all streets, gutters, drain inlets, roadside ditches, streams, vernal pools, ponds, and lakes. Care shall be exercised to preserve roadside vegetation beyond the limits of construction.
5-1.21 PROTECTION AND USE OF PROPERTY. The Contractor shall be responsible for and provide and maintain all proper temporary walkways, covered walkways, barriers, roads, guards, railings, lights, warning signs, and take precaution at all times to avoid injury or damage to any person or any property, and upon completion of the Work, or at other times as directed, restore Premises and adjacent property to a proper condition. In the event of such injury or damage, Contractor shall report such injury and damage to City within forty-eight (48) hours of occurrence.
The Contractor shall protect adjoining property and nearby buildings, including City buildings, City roads, and public streets or roads, from dust, dirt, debris, or the nuisance arising out of the Contractor's operations or storage practices, and, if ordered by the Director, the Contractor shall provide and Install suitable safeguards, approved by the Director, to protect such objects from damage. If such objects are damaged by reason of the Contractor's operations, they FOR
shall be replaced or restored at the Contractor's expense.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] If the Contractor damages any buildings, roads, utilities, or other property which belong to the City, or any Department or agency thereof, then the Director, at his or her option, may retain from the money due under the Contract an amount sufficient to insure repair of the damage.
The Director may make or cause to be made such temporary repairs as are necessary to restore to service any such damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due the Contractor under the Contract.
5-1.22 RESPONSIBILITY FOR DAMAGE AND INDEMNIFICATION.
The City of Roseville, its officers, agents, employees, and volunteers, including but not limited to the Director and his or her designee, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, its workers, or anyone employed by the Contractor or the Contractor's Subcontractors.
The Contractor shall be responsible for any liability imposed by law and for injuries to, or death of, any person including, but not limited to, workers and the public, or damage to property resulting from defects or obstructions, or from any cause whatsoever during the progress of the Work or at any time before its completion and final Acceptance.
To the fullest extent allowed by law, the Contractor shall defend (through counsel acceptable to the City), indemnify, and save and hold harmless the City, and its respective FOR
officers, agents, Subcontractors, employees, and volunteers, and the successors and assigns of
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] any of them, (hereinafter referred to as “Indemnitees”) from and against all claims, demands, liability, suits, actions, costs or expenses for any and all loss or damage, including but not limited to, personal injury, property damage, or economic loss, arising out of or resulting from allegations of (1) Contractor’s use of the City’s property or any activities or Work performed hereunder by the Contractor; (2) the Contractor’s performance of the Work under the Agreement; or (3) the Contractor’s breach of any provision of the Agreement. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Civil Code Section 2778. The only exception to these provisions is that the Contractor’s obligations under this section will not apply to the extent that the claims, demands, liability, suits, actions, costs or expenses are caused by Indemnitees’ active negligence, willful misconduct, criminal acts, or for defects in design furnished by the Indemnitees, misconduct, criminal acts, or for defects in design furnished by the Indemnitees.
The Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.
The Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Contract for the full period of time allowed by law. The defense and indemnity obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. The parties intend that the defense and indemnity obligations in this Contract shall be broadly construed.
Any person, firm or corporation that Contractor authorizes to Work on the City’s property including Subcontractors, shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms herein, and shall be within the scope of the FOR
Contractor’s indemnity obligation described herein.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the Department may be retained by the City until disposition has been made of such suits or claims for damages.
The retention of money due the Contractor shall be subject to the following:
A. The City will give the Contractor thirty (30) Days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.
B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 7-1.07, “Progress Payments,” of these General Conditions.
C. If the City has retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with matter for which such retention was made, the Department shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. 5-1.23 INSURANCE COVERAGE.
A. Evidence 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 FOR
the award of the bid and prior to approval of the Contract by the City Council. Contractor shall
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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. Qualifying 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. Insurance Required.
1. Commercial 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 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 FOR
liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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, crossliability 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 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 FOR
covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (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.
5. Builder’s Risk/Course of Construction Insurance (If 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 FOR
any time, the policy shall cover the value of the work completed. The policy shall cover hazards
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 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 FOR
provide that the coverage is on an “occurrence” basis.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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 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 FOR
Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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. The 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 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 selfinsured 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 FOR
approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 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.
5-1.25 THIRD PARTY BENEFICIARY. No provisions in the Contract Documents shall in any way inure to the benefit any third party (including the public at large or any member thereof) so as to constitute such person a third party beneficiary of the Contract, or of any term or condition or other provision of the Contract or otherwise give rise to any cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the Contract Documents.
5-1.26 COORDINATION AND ACCESS. The Contractor acknowledges that the City may award, or has already awarded, other construction contracts for additional work or may perform additional work with its own forces and that such work may affect the Work under this Agreement. Additionally, the Contractor acknowledges that the State and other public and FOR
private agencies may be granted a right-of-entry by the City for the purpose of constructing
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] facilities within and adjacent to the Work Site. It is the obligation of the Contractor to coordinate its Work with the work of others working within or adjacent to the City’s property.
During performance of its Work, the Contractor shall not have exclusive access to or use of the work areas. The City may also require that certain facilities and areas be used concurrently by the Contractor and by other contractors working in the area. When two (2) or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other.
Each contractor shall be responsible to the other for all damage to any work, to persons or property caused to the other by its operations, and for loss caused the other due to any unnecessary delays or failure to finish the work within the time specified for completion.
If any party of the Contractor’s Work depends on the work of any other contractor and/or the City for proper execution and/or results, the Contractor shall promptly notify the City of any discrepancies and/or defects in said other work that would render its work unsuitable for proper execution and/or results prior to proceeding with the Contractor’s own Work. If it becomes necessary, the City will resolve coordination and access problems.
The Contractor and its representative in charge of the Work shall familiarize themselves with the City’s property and Work Site, and adjacent surroundings in the vicinity of said Wok, and any private or public operations on adjoining properties. 5-1.27 OCCUPANCY BY THE DEPARTMENT PRIOR TO
ACCEPTANCE. The City may at any time notify the Contractor in writing that it intends to take Beneficial Occupancy of any portion of the Work even though the Work may not be substantially complete. Unless the reason for the City’s taking Beneficial Occupancy is that the FOR
Contractor has not completed the Work (or portions thereof) in accordance with the Contract
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Time, the City’s Beneficial Occupancy shall relieve the Contractor from its responsibility for maintenance, loss or damage to that portion of the Work for which the City has taken Beneficial Occupancy other than that resulting from the Contractor’s act or omission, negligence, willful misconduct or breach of warranty.
Should the Work (or portion thereof) not be completed in accordance with the Construction Schedule within the Contract Time (as adjusted under the terms of the Contract Documents), the City shall have the right, but not the obligation, to take Beneficial Occupancy of the Work. In such event, the Contractor shall not be entitled to any additional compensation on account of said occupancy by the City, nor shall the Contractor be relieved of any of its responsibilities under the Contract Documents, including, without limitation, Contractor’s obligation to complete the Work in accordance with the Construction Schedule.
Beneficial Occupancy shall not be deemed an Acceptance by the City either of the Work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective Work or materials found at any time before the formal written Acceptance of the entire Contract by the Director or during the full warranty period after such Acceptance, as provided in Section 7-1.12, “Warranty,” of these General Conditions.
The City’s Beneficial Occupancy shall not relieve the Contractor of its responsibility to maintain all insurance and bonds required under the Contract Documents until the entire project is accepted by the City.
5-1.28 RIGHT TO OPERATE UNSATISFACTORY FACILITIES AND
EQUIPMENT. If, after Installation, the operation or use of the facilities or equipment to be furnished under this Contract proves to be unsatisfactory to the Director, the City shall have the FOR
right to operate and use such facilities or equipment until they can, without damage to the City,
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] be taken out of service for correction or replacement. Such period of use of the defective facilities or equipment, pending correction or replacement, shall in no way decrease the warranty period required for the acceptable corrected or replaced facilities or equipment. 5-1.29 CONTRACTOR'S RESPONSIBILITY FOR THE WORK. Except as otherwise provided herein, the Contractor shall have the charge and care of the Work and shall bear the risk of injury or damage to any part of the Work by the action of the elements or from any other cause whether arising from the execution or from the nonexecution of the Work until the Acceptance of the Contract by the Director. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and Acceptance, and shall bear the expense thereof. In case of suspension of Work from any cause whatever, the Contractor shall be responsible for the Work and it shall also be responsible for all materials, and shall properly store them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
The Contractor will be relieved of responsibility for any injury or damage to the Work caused by the following:
A. An earthquake in excess of a magnitude of 3.5 on the Richter Scale or a tidal wave, when the effect of such has been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or was of such magnitude at the site of the Work as to have been sufficient to have caused a proclamation of disaster or state of emergency, had it occurred in a populated area.
B. Occupancy and use by the Department or the public prior to the completion of the entire project.
FOR
C. Acts of the Federal Government or the public enemy.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 5-1.30 RESPONSIBILITY FOR UTILITIES. The Contractor shall be responsible at its own cost for any and all Work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the Work, including without limitation, repair of any or all damage and all hand or exploratory excavation required.
The Contractor is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and when working or excavating in the vicinity of such cables, or the ducts enclosing such cables, the Contractor shall undertake at its own cost any special precautions required. Suitable warning signs, barricades, and safety devices shall be erected as necessary or required.
However, if during the course of the Work the Contractor encounters utility Installations which are not shown or indicated in the Contract Documents or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination, then the Contractor shall promptly notify the Director in writing. Where necessary for the Work of the Contract, the Director shall issue a written order to the Contractor to make such adjustments, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. The Contractor shall perform the Work described in such written order, and compensation therefor will be made in accordance with Section 3 of these General Conditions relating to changes in the Work. Except for the items of cost specified in said Section 3, the Contractor shall receive no compensation for any other cost, damage, delay, interference, or hindrance to him or her due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions for the Director, then the Contractor shall be liable for any or subsequent to discovery thereof, and the FOR
Contractor shall repair and make good such damage at its own cost.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The precise location of underground facilities can only be determined by careful probing or hand digging in compliance with Article 6 of the Cal/OSHA Construction Safety Orders which states in part:
“Prior to opening an excavation, effort shall be made to determine whether underground installations, i.e., sewer, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the approximate location of such an installation, the exact location shall be determined by careful probing or hand digging, and, when it is uncovered, adequate protection shall be provided for the existing installation.” The location of known existing utilities and pipelines are shown on the Contract Drawings in their approximate locations. Some of the locations include multiple conduits. The Contractor shall exercise care in avoiding damage to those facilities which are to remain in service subsequent to the construction of the particular new facility involved and the Contractor will be held responsible for any repairs if damaged. The Contractor shall also exercise care in maintaining those pipes and facilities required for continuing operation of the existing facilities until such time as they can be abandoned. There is no guarantee that all utilities or obstructions are shown on the Contract Drawings or that the locations indicated are accurate.
The Contractor shall exercise extreme caution in working in the area adjacent to the existing pipelines and utility services. It is essential that all the existing facilities be maintained in service. Construction of the connections between the existing facilities and the new facilities shall be at times and during periods acceptable to the City. The Contractor shall advise the Director in writing of its proposed Construction Schedule for these connections at least fortyFOR eight (48) hours in advance.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The Contractor shall uncover all piping and conduits, to a point one foot (1') below the pipe, where crossings, interferences, or connections are shown on the Contract Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service. If the Contractor does not expose all required utilities, it shall not be entitled to additional compensation for Work necessary to avoid interferences nor for repair to damaged utilities. Excavations around underground electrical ducts and conduits shall be performed using extreme caution to prevent injury or damage to workers and to the electrical ducts or conduits. 5-1.31 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or soil or after partial payment has been made as provided in Section 7-1.07, “Progress Payments,” of these General Conditions for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in said Section 7-1.07.
5-1.32 COURT ORDERED DELAY. If, pursuant to court order, the Department temporarily suspends performance of all or any portion of the Work, an extension of time determined pursuant to the provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions will be granted.
5-1.33 NO PERSONAL LIABILITY. Neither the Director, nor any other officer or authorized employee of the City, shall be personally responsible for any liability FOR
arising under or by virtue of the Contract.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] 5-1.34 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any third party owner, former owner, or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the Work shown on the Contract Drawings unless it obtains prior approval.
5-1.35 ANTITRUST CLAIMS. The Contractor’s attention is directed to the following provision of Public Contract Code Section 7103.5(b), which is applicable to the Contractor and its Subcontractors:
“ In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.
This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties.”
FOR
5-1.36 RIGHTS TO DRAWINGS, TECHNICAL DATA PATENTS. Shop
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Drawings and Working Drawings submitted to the City by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Contract.
Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontract pursuant to the Contract are the property of the City, and the City may use or disclose same in any manner and for any purpose.
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work, and shall defend, indemnify and save and hold harmless the City, and its duly authorized representatives, from all suits at law, or in equity, and actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. In case some materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall:
1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses; or
2. Replace such materials, equipment, devices, processes; or
3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City.
5-1.37 PAYMENT OF TAXES. Contractor shall pay all taxes and duties FOR
applicable to and assessable against any Work, equipment, materials, services, processes, and
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times.
The Contract Price paid for the Work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the Department, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State, or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
5-1.38 GRATUITIES AND CONFLICT OF INTEREST. The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not limited to, officers, employees, agents, Engineering Service Consultants, Consulting Engineers and Architects, Inspectors and/or Testing Agencies retained by the City. If it is found that the Contractor has violated this provision, the Contract may be subject to termination for default as defined elsewhere in these FOR
General Conditions.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] During the term of the Contract and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the City’s officers, employees and authorized representatives, agents, and any Engineering Service Consultants, Consulting Engineers and Architects, Inspectors, and/or Testing Agencies retained by the City. Any exception to the employment or compensation to any of the above named parties must be made in writing by the City. If the Contractor offers or provides employment or compensation to those named above during the term of the Contract, the Contract may be subject to termination for default.
5-1.39 COOPERATION. Should construction be under way by City forces or other forces or by other Contractors within or adjacent to the limits of the Work or should Work of any other nature be under way by such forces within or adjacent to said limits, the Contractor shall cooperate with all such forces to the end that any delay, interference or hindrance to their Work will be avoided. The right is reserved to perform other or additional Work at or near the site at any time, by the use of such forces.
5-1.40 DIGGING TRENCHES OR OTHER EXCAVATIONS. In the event any work involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, City and Contractor shall comply with the following:
A. The Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of FOR
existing law.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
2. Subsurface or latent physical conditions at the site differing from those made available to Contractor for inspection as provided in the project proposal.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract.
B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a Change Order under the procedures described in the Contract.
C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. However, no claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. 5-1.41 CONTRACTOR REGISTRATION. No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Contract, the FOR
Contractor and its subcontractors shall have a continuing legal obligation to maintain current
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] registration with the Department of Industrial Relations. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
5-1.42 CITY OF ROSEVILLE ENCROACHMENT PERMITS AND
RIGHTS-OF-WAY. The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director and City Engineer.
To the extent indicated in the Contract Drawings, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. The Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between the Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall procure evidence that agreements are in place with said third parties before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by the Contractor’s operations shall be the sole responsibility of the Contractor. 5-1.43 CALIFORNIA AIR RESOURCES BOARD REGULATIONS. The
Contractor shall comply with any applicable regulations of the California Air Resources Board (“CARB”) set forth below.
A. In-Use Off-Road Diesel-Fueled Fleets. If the Contractor will use vehicles FOR
subject to Cal. Code Regs., tit. 13, §§ 2449 et seq. for the project, it shall submit a valid
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Certificate of Reported Compliance to the City as provided in § 2449(n).
B. Advanced Clean Fleets. Pursuant to Cal. Code Regs., tit. 13, § 2013(i)(1), the Contractor shall submit to the City either a signed statement stating that it is not subject to the High Priority and Federal Fleets regulation of title 13, CCR section 2015 through 2015.6, or a document evidencing that it is listed on the CARB Advanced Clean Fleets webpage as a compliant fleet.
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 6
PROSECUTION AND PROGRESS
6-1.01 SUBLETTING AND SUBCONTRACTING. The Contractor shall be responsible for all Work performed under the Contract. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control. Nothing in the Contract Documents shall create any contractual relationship between the City and any Subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier. When any Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Director, that Subcontractor shall not again be employed on the Work.
Although the sections of the Contract may be arranged according to various trades, or general grouping of the Work, the Contractor is not obligated to sublet the Work in such manner. The Director will not arbitrate disputes among Subcontractors or between Contractor and one or more Subcontractors concerning responsibility for performing any part of the Work.
The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.
The Contractor shall also be responsible for coordinating the Work performed by Subcontractors and Suppliers.
The Contractor shall not substitute any person as Subcontractor in place of a Subcontractor listed on its bid proposal without the written approval of the Director.
FOR
Substitutions must be in accordance with the provisions of the “Subletting and Subcontracting
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Fair Practices Act” beginning with Public Contract Code Section 4100. Violations of this Act by the Contractor may subject it to penalties which may include cancellation of Contract, Assessment of ten percent (10%) of the Subcontractor's bid, and disciplinary action by the Contractors State License Board.
The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than seven (7) Days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) Days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event Contractor does not make progress payments or release retention to Subcontractors in accordance with the time period specified herein, Contractor may be subject to prompt payment penalties per statute. 6-1.02 ASSIGNMENT. The performance of this Contract may not be assigned, except upon the written consent of the City Council of the City of Roseville. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the Work under the Contract.
The Contractor may assign moneys due or to become due to it under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein.
FOR
6-1.03 BEGINNING OF WORK. After the execution of the Contract by both
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] parties, the City will issue the Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence.
The Contractor shall begin Work within fifteen (15) Days after receiving the Notice to Proceed from the Director, subject to the requirements stated elsewhere in the Contract Documents regarding, among other things, the submittal of Baseline Schedule, and shall diligently prosecute the same to completion within the time limit provided in the Supplemental Conditions. Contractor shall also achieve any and all Contract milestones as described elsewhere in the Contract Documents.
The Contractor shall notify the Director, in writing, of its intent to begin Work at least seventy-two (72) hours before Work is begun. The notice shall be delivered to the Director and shall specify the date the Contractor intends to start. If the project has more than one (1) location of Work, a separate notice shall be given for each location.
The Contractor is not authorized to perform any Work until it has received a Notice to Proceed from the City. Should the Contractor begin Work in advance of receiving notice that the Contract has been approved as above provided, any Work performed by it in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer unless said Contract is so approved thereafter. 6-1.04 PROGRESS SCHEDULE.
A. Preliminary Progress Schedule. The Contractor shall submit to the Director, within twenty (20) Days after date of the Notice to Proceed, a Preliminary Progress Schedule covering the Contractor's activities over the first three (3) months of operation in detail and the remainder of the project in summary. The Preliminary Progress Schedule shall schedule FOR
the project within the Contract Time for completion of the Work, and shall be subject to
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] favorable review by the Director.
B. CPM Schedule. The Contractor shall submit an acceptable Critical Path Method (CPM) Schedule to the Director within thirty (30) Days after the receipt of the Notice to Proceed. Subsequent revisions to said schedule shall be submitted as set forth hereinafter. The requirement for the CPM schedule is included to allow for adequate planning and execution of the Work, to determine the critical nature of delays, and to assist the Director in appraising the reasonableness of the proposed schedule and evaluating progress of the Work. The CPM schedule submitted under this Section shall utilize a CPM format, either the precedence or arrow diagramming method. The definitions of CPM terms and functions shall be as provided in the Associated General Contractors of America book CPM in Construction, A Manual for General Contractors, or a favorably reviewed alternative publication or reference. No progress payment will be made prior to submission and acceptance of the CPM Schedule.
1. The CPM schedule system shall consist of diagrams and accompanying mathematical analyses. The diagrams shall show elements of the project in detail and an entire project summary. Diagrams shall show the order and interdependence of activities and sequence in which the Work is to be accomplished as planned by the Contractor. The basic concept of a network analysis diagram shall be followed to show how the start of a given activity is dependent on the completion of preceding activities and its completion restricts the start of following activities. Detailed network activities shall include, in addition to construction activities, the submittal and favorable review of samples of material and Shop Drawings, the procurement of critical materials and equipment, fabrication of special material and equipment, and their Installation and testing. All activities of the City and the Director that affect progress FOR
and required Contract dates for completion of all or parts of the Work shall be shown. The
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] selection and number of activities shall be subject to favorable review by the Director. Summary networks shall be time scaled. Durations shall be in Days and shall not exceed fifteen (15) Days, except for submittal and delivery items. Where the duration of continuous Work exceeds fifteen (15) Days, Work items in the Construction Schedule shall be subdivided by location, approximate stationing or other sub-element of the Work.
The graphic network diagram shall include for each activity, the description, activity number, the estimated duration in Days, and all activity relationship lines.
The network diagram shall be drawn for the early start of activities. All significant Submittals shall be scheduled along with manual Submittals and training on all large or critical pieces of equipment. If the precedence technique is utilized, the schedule project shall include a calendar in Work Days, a network report sorted by early start and a logic table report sorted by preceding Work item. If the arrow technique is utilized, the schedule report shall include a calendar in Work Days, a network report sorted by early start, a network report sorted by I-J numbers, and a network sorted by slack time and I-J numbers.
2. The critical path shall be shown on all reports and on the graphic network diagram. The activities which constitute the critical path shall be identified.
3. The mathematical analysis of the network diagram shall include a tabulation of each activity. The following information shall be furnished as a minimum for each activity:
(a) preceding and following event numbers
(b) activity description and number
(c) estimated duration of activities
FOR
(d) earliest start date (by calendar date)
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[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (e) earliest finish date (by calendar date)
(f) actual start date (by calendar date)
(g) actual finish date (by calendar date)
(h) latest start date (by calendar date)
(i) latest finish date (by calendar date)
(j) slack or float
(k) percentage of activity completed
4. The program shall be capable of accepting revised completion dates as modified by approved time adjustments and recomputations of all tabulation dates and float accordingly.
5. Submission and review of the system shall be as follows:
(a) The complete network analysis system, consisting of the detailed network mathematical analysis and network diagrams, shall be submitted within thirty (30) Days after receipt of the Notice to Proceed.
(b) The Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Director. Any revisions necessary as a result of this review shall be resubmitted for review by the Director within ten (10) Days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing and directing the Work and for reporting progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Director in writing stating the reasons for the change. (c) The Contractor shall submit at monthly intervals a report of the FOR
actual construction progress. Each monthly report shall cover a period of approximately thirty
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GC - 6:7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (30) Days ending around the 20th of each month. The monthly reports shall be submitted within ten (10) Days of the end of the reporting period.
(1) If the project is proceeding on schedule, the monthly update report may consist of a marked-up copy of the graphical network diagram. This submittal shall clearly indicate the status of any minor shifts in sequence or schedule and the estimated completion date or percent complete of all activities currently in progress. The Contract completion date shall also be indicated. The Contractor shall submit a narrative report relating to status of construction, the schedule, and factors which may affect the remainder of the schedule. The report shall show the activities or portions of activities completed during the reporting period. The report shall state the percentage of the Work actually completed and scheduled as of the report date and the progress along the critical path in terms of Days ahead or behind the allowable dates. (2) If, in the opinion of the Director, the project is behind schedule, the monthly report shall include a revised network diagram and/or mathematical analysis showing the Contractor's proposed revised schedule. An analysis of the effect that the delay has on progress along other paths shall also be included in the report. The Contractor shall also submit a narrative report with each updated analysis which shall include but not to be limited to a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective actions taken or proposed.
(3) Periodic report shall be submitted in sufficient copies to cover Contractor needs plus five (5) copies and an available electronic copy to be FOR
retained by the Director.
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GC - 6:8
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
6. To the extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Director. Any omission of Work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing such Work within any applicable completion date. The CPM schedule shall be generated by computer methods.
C. Schedule Review. Once each month, on a date mutually agreed upon, but no later than seven (7) business days after the monthly schedule progress report date, a Work Site meeting will be held to review the Construction Schedule and job progress. The Contractor shall also attend weekly meetings scheduled by the Director to review the progress of the Work in the preceding week and in the subsequent week, coordinate the Work with public agencies or other Contractors as required, and allow the Director to plan his or her activities for testing, inspection, etc.
D. Schedule Revisions. The conditions under which the Director will require revisions of the Construction Schedule include the following:
1. When delay in completion of any Work item or sequence of Work items results in an estimated extension of project completion by either twenty (20) business days or by ten percent (10%) of the remaining duration of time to complete the Contract, whichever is less.
2. When delays in Submittals or deliveries make replanning or rescheduling of the Work necessary.
3. When the schedule does not represent actual prosecution and FOR
progress of the Work.
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GC - 6:9
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
4. When any change to the sequence of activities, the completion date for major portions of the Work, or when changes occur which affect the critical path.
5. When Contract Amendments or a Change Order necessitates schedule revision, the Contractor shall submit a schedule analysis of all Change Order Work with its proposal.
E. Cash Flow Projection. A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.
F. Schedules showing project completion dates earlier than specified in the Supplemental Conditions will be rejected unless justification can be provided for early completion.
6-1.05 SCHEDULE OF VALUES. Prior to preparation of the first estimate for a progress payment, the Contractor shall submit for favorable review by the Director a detailed Schedule of Values or cost breakdown of the Work under each bid item awarded. The breakdown will then become the basis for partial payment determination. Elements of Work shall be grouped by structure, pipeline, system, etc. Within each grouping, Work should be itemized by readily measurable quantities of Work complete in place. For example, concrete should be in units of cubic yards including form Work and reinforcing steel. Move-on costs, bond and insurance costs, and Overhead costs shall not be considered an item of cost for this purpose but shall be prorated over items of Work. In the event the Schedule of Values is not favorable reviewed by the Director, another Schedule of Values shall be submitted that is mutually acceptable to the Contractor and the Director.
FOR
6-1.06 CITY’S RIGHT TO STOP WORK. The Director shall have the
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 6:10
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] authority to order the Contractor, in writing, to suspend the Work wholly or in part, for such period as the Director may deem necessary due to the failure on the part of the Contractor to correct Work that is not in accordance with the requirements of the Contract Documents or if Contractor persistently fails to carry out Work in accordance with the Contract Documents.
The Contractor shall immediately comply with the written order of the Director to suspend the Work wholly or in part. The suspended Work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Director.
Any stoppage of work under this section shall be at the Contractor’s sole expense, and the Contractor shall have no claim against the City based on the Contractor’s failure to perform the Work in accordance with the Contract Documents.
In addition to the City’s right to stop Work, the City may order the Contractor to submit to the City at no additional cost to the City, additional information concerning Contractor’s planned Work if the Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents. The additional information ordered by the City may include, but is not limited to, preparation of Submittals or Working Drawings not otherwise required to be submitted under the Contract Documents.
In the event the City discovers that the Contractor has created an unsafe condition the City may arrange for other work forces to remedy the condition. Such remedial work shall be at the sole discretion of the City. If this action is required, the City may unilaterally terminate Work under the Contract, and will pay only for the quantities of Work actually performed, less the cost of the City’s remedial Work. In the event that Work is not halted, the Contractor must FOR
take immediate steps to correct the situation. There will be no extra payment for Work required
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GC - 6:11
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] to correct unsafe conditions.
The right of the City to suspend the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or derogation of the City’s other rights under the Contract Documents.
In the event of a suspension of Work under any of the conditions set forth in this Section 6-1.06, such suspension of Work shall not relieve the Contractor of its legal responsibilities as set forth in these General Conditions.
6-1.07 TIME OF COMPLETION. The Contractor shall complete the entire Work, including Installation, repairs, startup, troubleshooting, painting, and touchup, training, submittal or record drawings, and manuals, cleanup, demobilization, and all other Work within the number of Days set forth in the Supplemental Conditions. The time for completion includes an allowance for working time lost due to normal inclement weather.
Extensions of time may be allowed for unusual inclement weather under the provisions hereinafter described. Unusual inclement weather is weather which adversely affects “controlling” operations or the critical path of construction and which meets one of the following criteria:
A. For the particular calendar month in question, the number of individual Days with rainfall exceeding 0.10 inches exceeds the average number of such Days for that month over the immediately preceding five (5) years of record by at least three (3) Days.
B. For the particular calendar month in question, the total cumulative rainfall for that month exceeds the average cumulative rainfall for that month over the immediately FOR
preceding five (5) years of record by at least two inches (2”).
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GC - 6:12
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Rainfall shall be measured at a publicly operated, maintained, and reported station in reasonable proximity to the construction site. A claim for delay shall indicate the period of rainfall which is claimed as “unusual,” the specific dates during which the unusual rainfall and subsequent wet soil conditions prevented Work, and the specific critical path tasks adversely affected by such unusual weather. A claim for delay due to unusual inclement weather shall be filed within ten (10) Days of the apparent end of the unusual inclement rainfall period, whether or not the monthly totals are available at that time. The burden of proof that weather meets the criteria for unusual weather shall be solely the responsibility of the Contractor.
It is the responsibility of the Contractor to order materials required for the Work properly and promptly on a Notice to Proceed. If evidence presented demonstrates that, in spite of the Contractor's efforts, government-established priorities controls delay material deliveries, suitable extension of time will be made.
If performance of extra Work ordered by the City or failure of the City to provide the necessary site for Installation affects construction tasks which are “controlling” or which are on the “critical path” of the Construction Schedule, suitable extensions of time will be made.
The Contractor shall not be entitled to a time extension for delays in activities on non-critical paths of the favorably reviewed schedule unless the duration of the excusable delay exceeds the total float of the activities being delayed. If the duration of an excusable delay does exceed the total float of the activities affected by the delay, the Contractor shall be entitled to an extension equal to the difference.
C. Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Director.
FOR
6-1.08 LIQUIDATED DAMAGES. It is agreed by the parties to the Contract
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GC - 6:13
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] that in case all the Work called for under the Contract in all parts and requirements is not completed within the number of Days as set forth in the Supplemental Conditions, damage will be sustained by the City and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the monetary amount indicated in the Supplemental Conditions in dollars (U.S.) per day for each and every calendar day of delay in completing the Work in excess of the number of Days prescribed and the number of additional calendar days, if any, authorized by Contract Change Order; and the Contractor agrees to pay said Liquidated Damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.
It is further agreed that in case the Work is not finished and completed in all parts and requirements within the number of Days specified, the City shall have the right to increase the number of Days or not, as it may deem best to serve the interest of the City, and if it decides to increase the said number of Days, it shall further have the right to charge to the Contractor, its heirs, assigns or sureties and to deduct from the final payment for the Work all of any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other Overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that cost of preparation of final statement shall not be included in such charges.
6-1.09 DELAYS AND EXTENSIONS TO THE WORK. The Contractor must complete all Work within the time specified in the Agreement. The Contractor will be granted FOR
an extension of time and will not be assessed with liquidated damages or the cost of engineering
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 6:14
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] and inspection for any delay in substantially completing the Work (or parts thereof) beyond the time set forth in the Agreement, provided that such delay was caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public enemy, fire, floods, abnormal weather (as described below), earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes, fire, changes made pursuant to the provisions of “Changes in the Work” under Section 3 of these General Conditions or acts or neglect of the City not contemplated by the Contract Documents.
In all cases, any extension of time is conditioned on the following:
1. That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken reasonable precautions to prevent and minimize the effects thereof; and
2. That the Contractor notifies the Director in writing within three (3) Days from the beginning of such delay specifying the nature of the delay and the measures that have been or will be taken to prevent or minimize the delay. Failure to submit written notice within this time period shall constitute an absolute waiver of any claim for a time extension.
No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documentary proof that it has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, as acceptable to the Director, that the inability to obtain such materials when originally planned did in fact cause a delay in Final Completion of the entire Work which could not be compensated for by revising the sequence of the Contractor’s operations. Only the physical FOR
shortage of material will be considered as a cause for extension of time, and no consideration
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 6:15
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the City that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.
No extension of time will be granted for a delay caused by Contractor’s staff turnovers, understaffing or insufficient quantity of qualified staff able to perform the necessary work.
The term “shortage of materials,” as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents.
No extensions of time will be granted for delays that have no measureable impact on the completion of the Work (or parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the period equivalent to the actual number of Days lost on the critical path or controlling operations of the Construction Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it. Contractor’s failure to submit this analysis will be sufficient cause for denial of any request for a time extension.
Within a reasonable period of time after the Contractor submits the notice and information required by this section, the City will determine whether an extension of time is justified and, if so, the number of days for the extension.
Abnormal weather may be a valid basis for a time extension under the Agreement.
FOR
“Abnormal Weather” occurs when the number of days of rain above 0.5 inches in a 24 hour
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GC - 6:16
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] period exceeds the average for such rainfall in a particular month as determined by the National Weather Service. The Contractor will only be entitled to, at most, a time extension for the number of days of rain exceeding the average for that month in the locale where the Work is to be performed. If delays are caused by the Contractor or those for whom the Contractor is responsible, the Contractor will only be entitled to, at most, a time extension for the number of rain days exceeding the average for the month when the Work should have been performed.
In addition, before a time extension may be granted for abnormal weather, the Contractor must establish that the rain either significantly impacted at least sixty percent (60%) of the planned work of the controlling operations for a particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day. Contractor shall employ reasonably methods to mitigate the impact of abnormal weather (i.e., dewatering, protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the controlling operation shall not constitute a day of abnormal weather.
In the event that the project experiences favorable weather for a particular month (e.g., the number of actual rain days in a month less than that indicated above for allowable rain days per months), the additional float resulting from such favorable weather shall accrue to the project.
Any Contractor claim for damages or additional compensation based on delay shall be limited to only those circumstances where the Contractor has fulfilled each of the following three (3) requirements:
1. Contractor has established its entitlement to a time extension pursuant to the provisions described above regarding delay and extensions to the Work.
FOR
2. The delay was caused solely by the City’s issuance of changes made pursuant to the
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 6:17
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] provisions of “Changes in the Work” under Section 3 of these General Conditions or by acts or neglect of the City.
3. The delay was unreasonable under the circumstances and not within the contemplation of the parties.
It is expressly understood and agreed that delays caused by the City will be noncompensable when there are concurrent delays caused by the Contractor. Also, the Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, and freight embargoes.
Contractor’s damages and/or additional compensation for delays will consist solely of the extended costs of maintaining the Contractor’s Work Site presence. The Contractor will not be entitled to any extended home office overhead.
Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a Force Account basis with the following exceptions:
1. The time for which compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed eight (8) hours in any one day.
2. The days for which compensation will be paid will be each calendar day of the work week (defined elsewhere in the Contract Documents) and Legal Holidays, during the existence of such delay, except that when rental of the equipment is paid for under the provisions in Section 3-1.06C, “Force Account Payment – Equipment,” of these FOR
General Conditions, no payment will be made for delays in accordance with the
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 6:18
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] provisions of this section.
Actual loss shall be understood to include no items of expense other than idle time of personnel, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this section and compensation for idle time of personnel will be determined pursuant to Section 3-1.06A, “Force Account Payment – Labor,” of these General Conditions. No markup will be added in either case for Overhead and profit.
The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided pursuant to “Changes to the Work” elsewhere in the Contract Documents. 6-1.10 TERMINATION.
6-1.10A TERMINATION OF AGREEMENT – CONVENIENCE OF
CITY. The Department reserves the right to terminate the Contract at any time and for any reason if the Director determines that to do so would be in the best interest of the City. Any termination which is not based on the circumstances set forth in Section 6.1-10B below shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective.
Upon the Contractor’s receipt of a written Notice of Termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 6-1.10B below.
1. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials except as follows:
a. The Contractor's responsibility for damage to materials for which partial FOR
payment has been made as provided in Section 7-1.07, “Progress
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 6:19
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Payments,” of these General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Director certifies that such materials have been stored in the manner and at the locations he or she has directed.
b. The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.
c. When the Director determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, the Contractor will recommend that the City formally accept the Work, and immediately upon and after such Acceptance by the City, the Contractor will not be required to perform any further Work thereon and shall be relieved of its contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the City.
2. The total compensation to be paid to the Contractor shall be determined by the Director on the basis of the following:
a. The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will FOR
include a reasonable allowance for project Overhead and general
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 6:20
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] administrative Overhead not to exceed a total of seven percent (7%) of Direct Costs of such Work.
b. A reasonable allowance for profit on the cost of the Work performed as determined under subsection (a), provided the Contractor establishes to the satisfaction of the Director that it is reasonably probable that it would have made a profit had the Contract be completed and provided further, that the profit allowed shall in no event exceed four percent (4%) of said cost. c. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the Department or otherwise disposed of as directed by the Director.
d. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Contractor's Subcontractors, necessary to determine compensation in accordance with this Section, shall be open to inspection or audit by representatives of the Department at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.
After Acceptance of the Work by the Director, the Director may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, FOR
if any, to be kept or retained under the provisions of the Contract.
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GC - 6:21
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] In the event that the City terminates this Contract under Section 6-1.10B below and it is determined for any reason that there was not sufficient cause to do so, the City’s termination automatically will convert to a termination for convenience under this section and the terms and conditions outlined in this section automatically will be applied to effectuate the Contract termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section.
The provisions of this section shall be included in all subcontracts. 6-1.10B TERMINATION OF AGREEMENT - FOR CAUSE. An
“Event of Default” as referred to in this section shall occur if the Contractor:
1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or
2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or
3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or
4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and the Subcontractor and Contractor and Supplier; or
5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or
6. Abandons, assigns or sublets the Contract without approval of the City; or FOR
7. Becomes bankrupt or is subject to appointment of a receiver on behalf of the
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GC - 6:22
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Contractor; or
8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.
Upon the City’s reasonable belief that there has been an Event of Default by the Contractor, the City may elect to give the Contractor written notice thereof. The Contractor thereafter shall cure the default as soon as possible and in no event after ten (10) Days from the Contractor’s receipt of the City’s written notice.
If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and remedies, elect to terminate the Contract, or portion thereof.
Upon the City’s election to terminate the Contract, or portion thereof, the City shall have the right to complete the Work, or portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor’s materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City’s sole judgment, best accomplish such completion.
The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under FOR
the Agreement, then the Contractor or its surety or sureties shall promptly pay the amount of
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GC - 6:23
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] such excess so due. When the City terminates the Contract under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default.
The City will issue to the Contractor a written notice specifying that the Contract, or portion thereof, is terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall:
1. Stop all Work under the Contract; or if partial termination, stop Work relating to the terminated portion of the Agreement;
2. Perform Work the City deems necessary to secure the Work Site for termination including measures to leave the Work Site in a safe condition;
3. Remove equipment from the site of Work, as specified by the City;
4. Take such action as is reasonably necessary to protect materials from damage;
5. Notify all Subcontractors and Suppliers that the Contract or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City;
6. Provide the City with an inventory list of all materials previously produced, purchased or ordered from Suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the City may request;
7. Dispose of materials not used in the Work as directed by the Director. It shall be the Contractor’s responsibility to provide the City (a) with good title to all materials purchased by the City hereunder, including materials for which partial payment has FOR
been made by the City and (b) with bills of sale or other documents of title for such
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 6:24
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] materials;
8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims arising out of Subcontractors or orders for materials terminated hereunder.
To the extent directed by the City, the Contractor shall assign to the City all rights, title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate with and engage any Subcontractors who had contracted with the Contractor for the Work;
9. Furnish the City with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Agreement; and
10. Take such other actions as the City may direct.
If only a portion of the Work has been terminated, the Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with the City or others in their performance and completion of the portion of the Work which was terminated.
The City may recover from the Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of the Contractor’s default.
FOR BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 7
ACCEPTANCE AND PAYMENT
7-1.01 ACCEPTANCE. When the Contractor believes that the entire Work is fully and finally completed, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents and completion of all punch list and cleanup items, the Contractor shall submit to the City a written request for final Acceptance within fifteen (15) Days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed. Within thirty (30) Days after receipt of the request for final Acceptance, the City will inspect the Work and will either:
1. Reject the request for final Acceptance, specifying the defective and/or uncompleted portions of the Work; or
2. Notify the Contractor that the Work will be accepted by Resolution of the City Council of the City of Roseville, and a Notice of Completion will be caused to be recorded by the City Clerk; or
3. Notify the Contractor that the Work has been accepted by the City but no Notice of Completion will be recorded.
If the City rejects the request for final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall again submit a written request for final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and FOR
finally completed and accepted the Work by Resolution of the City Council or by written
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GC - 7:2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] notification from the Director. Immediately upon such Acceptance, the Contractor shall be relieved of the duty of maintaining the Work as a whole.
All warranties commence upon final Acceptance of the Work. The City’s final Acceptance of the Work shall not be construed as an acceptance by the City of any latent defects discovered with regard to the Contractor’s work. Furthermore, Contractor’s obligations under Section 5-1.22 “Responsibility for Damage and Indemnification” shall still remain applicable after the City’s grant of final Acceptance of the Work.
Prior to final Acceptance, the Contractor shall submit to the City the Record Documents and Operation and Maintenance Manuals as specified in the Contract Documents. 7-1.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed Work and for performing all Work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the Director and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the Work as provided in the Contract; and for completing the Work according to the Contract. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective Work or material.
No compensation will be made in any case for loss of anticipated profits. 7-1.03 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be FOR
entitled to the payment of any additional compensation for any act or failure to act by the City,
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] including failure or refusal to issue a Change Order, or for the happening of any event, thing, occurrence or other cause unless the Contractor has given the City due written Notice of Potential Claim as hereinafter specified, provided, however, that compliance with this Section 7-
1.03 shall not be a prerequisite as to matters within the scope of the notice provisions in Section 6-1.07, “Time of Completion,” or the notice provisions in Section 6-1.08, “Liquidated Damages,” of these General Conditions, nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.
The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The said Notice as above required must have been given to the Director prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Director, or in all other cases within seven (7) Days after the happening of the event, thing, occurrence or other cause giving rise to the potential claim.
If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit complete information about its claim for additional compensation and/or extension of time for performance within fifteen (15) Days after such work is performed.
Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific information about the claim for additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of such claim.
If there is a dispute over any claim, the Contractor shall continue to Work during the FOR
dispute resolution process in a diligent and timely manner as directed by the City, and shall be
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] governed by all applicable provision of the Agreement.
The Contractor shall maintain cost records of all Work that is the basis of any dispute.
On a daily basis, Contractor shall submit to City completed daily forms, the format of which will be acceptable to the City, with respect to the Contractor’s costs of performing the disputed work.
These daily forms shall itemize all of Contractor’s costs in performing the disputed work, including, but not limited to, all costs relating to materials, labor and equipment with respect to the disputed work. These daily forms shall provide names or identification and classification of affected workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Said daily work forms shall be duly signed and verified by the Contractor or its authorized representative. The City’s receipt of the Contractors’ daily forms shall not constitute an approval of the Contractor’s claim. Contractor’s failure to submit the daily forms on a daily basis shall constitute a waiver of the Contractor’s right to claim any additional compensation for the disputed work.
Each Contractor claim shall include full and complete information concerning the Claim.
Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim, including a description of the specific Work activities affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.
FOR
The City will review any timely Notice of Potential Claim and supporting information
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] submitted by Contractor. In conducting this review, the City shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the City may require.
If an agreement can be reached which resolves the Contractor’s claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor’s claim, the Contractor shall still be obligated to comply with the claim identification provisions identified in these General Conditions, including but not limited to Section 7-1.04.
It is the intention of this Section 7-1.03 that differences between the parties arising under and by virtue of the Contract be brought to the attention of the Director at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that it shall have no right to additional compensation for any Claim that may be based on any such act, failure to act, event, thing or occurrence for which no timely written Notice of Potential Claim as herein required was filed. 7-1.04 CLAIMS. Contractor must submit all Claims, for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the Claim.
Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed forty-five (45) Days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code Section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion FOR
is undisputed. If the City does not respond to a Claim from the Contractor within the time
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:6
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] specified herein, such Claim shall be deemed rejected in its entirety.
Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after the City issues its written statement.
If the Contractor disputes the City’s written response, or if the City does not respond within the time specified herein, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within thirty (30) Days for settlement of the dispute.
Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved in accordance with Section 7-1.05 below.
FOR
7-1.05 DISPUTE RESOLUTION PROCEDURE. All Claims not resolved
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GC - 7:7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] pursuant to Section 7-1.04, shall be resolved pursuant to Public Contract Code Section 10240, et seq.
7-1.06 STOP PAYMENT NOTICES. The City, by and through the Department or other appropriate office or officers, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Civil Code Section 9350, et seq., including an amount to provide for the reasonable cost of any litigation thereunder. 7-1.07 PROGRESS PAYMENTS. Within fifteen (15) Days after the effective date in the Notice to Proceed, but in any event prior to Contractor’s first Application for Payment, the Contractor shall submit to the City a detailed Schedule of Values.
Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the Contractor based on its actual progress of Work with respect to each Lump Sum bid item. The City, prior to any progress payment being made, must approve the Schedule of Values.
At the Director’s discretion the approved Schedule of Values may be used as the basis for calculating the adjustment in compensation for a lump sum bid item due to changes ordered by the Director. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the Director’s discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 3-1.05(B), “Contract Price Adjustment,” of these General Conditions.
The Contractor once in each month shall submit an Application for Payment, for approval by the Director. Contractor’s Applications shall be based on the Schedule of Values submitted to FOR
the City. These applications shall be supported by: (1) documentation requested by the City to
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:8
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] substantiate the payment request; (2) statutory releases from Contractor and all Subcontractors and suppliers pursuant to Civil Code Sections 8132 and 8138; and (3) certified payroll records for the period for which payment is requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all contractors and suppliers that will be receiving sums sought in the instant payment request and also submit unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the date of the payment request. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation that the City requires to be furnished for purpose of evaluating the application.
The City will pay the Contractor within thirty (30) Days after its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) Days of its receipt of the Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract Documents. As appropriate, the City will return the application to the Contractor accompanied by a document prepared by the City setting forth the reasons for the rejection. Thereafter, the Contractor shall correct and resubmit the Application for Payment. Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.
The City may deduct the following from each progress payment:
1. An amount equal to one hundred and twenty-five percent (125%) of the amount claimed under any stop payment notice or other lien filed against the Contractor, FOR
which includes an amount to provide for the reasonable cost of any litigation
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:9
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] thereunder.
2. Any Liquidated Damages or Assessments that have accrued as of the date of the Application for Payment.
3. Any sums expended by the City in performing any of the Contractor’s obligations under the Agreement that the Contractor has failed to perform.
4. Any other sums that the City is entitled to recover from the Contractor under the terms of the Contract including damages to the City’s property.
5. The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
No such estimate or payment shall be construed to be an acceptance of any defective Work or improper materials.
Under no circumstances will the City make payment to unlicensed Contractors. As a condition of payment, the Contractor is required to maintain the applicable Contractor’s license as identified in the Notice to Contractors for the duration of the Work. 7-1.08 PAYMENT FOR MATERIALS AND EQUIPMENT ON HAND.
Partial payments may be made to the extent of seventy-five percent (75%) of the cost of materials and equipment plus delivery to be incorporated in the Work, provided that such materials and equipment meet the requirements of the Contract Documents and are delivered to acceptable sites on the plant site or at other sites in the vicinity that are acceptable to the City and only with the prior written approval by the City. Such delivered costs of stored or stockpiled materials and equipment may be included in the next progress payment after the following conditions are met:
FOR
A. Equipment and materials will only be eligible if given conditional or final
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:10
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Acceptance by the Director and are in apparent compliance with favorably reviewed Submittals.
B. Only equipment or materials which have received favorable review of Shop Drawings will qualify.
C. The material or equipment has been stored or stockpiled adequately protected against damage in a manner acceptable to the Director at an approved site.
D. The Contractor has furnished the Director with acceptable evidence of the quantity and the quality of such stored or stockpiled materials or equipment with identification of where they will be incorporated into the project with Specification reference.
E. The Contractor has furnished the Director with satisfactory evidence that the material or equipment and transportation costs have been paid.
F. The Contractor has furnished the City legal title (free of liens or encumbrances of any kind) and lien releases to the material or equipment so stored or stockpiled.
G. The Contractor has furnished the City evidence that the material or equipment so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the Work.
It is understood and agreed that the transfer of title and the City payment for such stored or stockpiled materials or equipment shall in no way relieve the Contractor of its responsibility for furnishing and placing such materials or equipment in accordance with the requirements of the Contract Documents.
In no case will the amount of progress payments for materials or equipment on hand exceed the Contract Price for such materials or equipment or the Contract Price for the Contract item in which the material is intended to be used.
FOR
No partial payment will be made for stored or stockpiled living or perishable plant
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:11
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] materials.
The Contractor shall bear all costs associated with the progress payment of stored or stockpiled materials or equipment in accordance with the provisions of this Section. 7-1.09 RETENTION ON PROGRESS PAYMENTS. From each progress payment estimate, five percent (5%) will be deducted and held in retention by the City. The remainder, less any deductions described in Section 7-1.07, “Progress Payments,” of these General Conditions, will be paid to the Contractor as progress payments.
Pursuant to Public Contract Code Section 22300, the successful Bidder may submit Securities in lieu of retention payments by the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments, pursuant to the requirements of California Public Contract Code Section 22300, if the Contractor deposits in escrow with the City or with a bank acceptable to the City, securities eligible for investment under California Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions:
1. The Contractor shall bear the expenses of the City and the escrow agent in connection with the escrow deposit made.
2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section.
3. Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall be substantially similar to the form provided in FOR
California Public Contract Code section 22300.
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:12
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
4. The Contractor shall obtain the written consent of the surety to such agreement.
7-1.10 FINAL PAYMENT. Final payment will be made only after Contractor has achieved Final Completion of the Work pursuant to the provisions of Section 7-1.01, “Acceptance,” of these General Conditions. Before final payment can be made, the Contractor shall have furnished the City with the following:
1. All Record Documents, catalogues, instruction sheets and information as required by the Contract Documents.
2. Conditional Waivers and Releases Upon Final Payment executed by Contractor and all Subcontractors and Suppliers, as provided by Civil Code Section 8136. Unconditional Waivers and Releases Upon Final Payment, as provided in Civil Code Section 8138, executed by Contractor and all Subcontractors and Suppliers, must be provided for all Subcontractors and Suppliers that have been paid in full.
Within thirty (30) Days of the date of the City’s Acceptance of the Work, the Contractor shall prepare and submit a Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for actual quantities of the Contract items of work constructed in accordance with the Contract Documents.
The City will review the Contractor’s proposed Final Invoice and necessary changes or FOR
corrections will be forwarded to the Contractor. Within ten (10) Days thereafter, the Contractor
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:13
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] shall submit a revised proposed Final Invoice incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon approval by the City, the corrected proposed Final Invoice will become the approval Final Invoice.
If agreements are reached on all questions regarding the Final Invoice, the City will pay the entire sum found due on the approved application. However, the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9350, et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.
Final payment will be made within thirty (30) Days after receipt of an approved Final Invoice and other required Submittals referenced above or within sixty (60) Days after Acceptance of the work by the City, whichever is later, provided, however, that if an approved Final Invoice has not been submitted within sixty (60) Days after Acceptance of the Work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with such disputed sums. Notwithstanding the foregoing, if a Notice of Completion is recorded, final payment shall not be made prior to the expiration of the thirty-five (35) calendar day lien period. The start of this lien period is the date the Placer County Recorder’s Office records the Notice of Completion.
The City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of any amount in dispute between the City and the Contractor.
The making of Final Payment shall not operate to release the Contractor or its sureties from obligations arising under the Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of FOR
claims by the City arising from:
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:14
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
1. Unsettled or future liens;
2. Failure of the Work to comply with the requirements of the Contract Documents;
3. The terms of any warranties required by or contained in the Contract Documents;
4. The right to any insurance proceeds or the right to make any insurance or bond claims;
5. Any claims with respect to Contractor’s obligations of indemnity with respect to claims asserted by third parties; or
6. Any latent deficiencies with the Work or Contractor’s fraud. 7-1.11 CLERICAL ERRORS. Notwithstanding the provisions of Section 7-
1.10, “Final Payment,” of these General Conditions, for a period of three (3) years after Acceptance of the Work, all estimates and payments made pursuant to said Section 7-1.10, are subject to correction for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City agree to pay to the other any sum due under the provisions of this Section 7-1.11, provided, however, if the total sum to be paid is less than $100, no such payment shall be made.
7-1.12 WARRANTY. Notwithstanding inspections and Acceptance by the City of Work furnished under the Contract Documents, the Contractor hereby unconditionally guarantees that all materials and equipment furnished will be of good quality and new, that the Work will be free from defects in workmanship and materials and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, FOR
including substitutions not properly approved and authorized, may be considered defective.
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:15
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.
The Contractor hereby agrees to repair or replace any and all Work, together with any other adjacent Work which may be displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or material during the greater of a period of one (1) year after Acceptance of the Work by the City or the period specified in the Special Conditions, without any expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted.
The Contractor further agrees, that within ten (10) Days after being notified in writing by the Department of any Work not in accordance with the requirements of the Contract Documents or of any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of this warranty, and to complete such Work within a reasonable period of time. In the event Contractor fails to comply, it does hereby authorize the Department to proceed to have such Work done at the Contractor's expense and the Contractor will honor and pay the cost and charges therefore upon demand. The Department shall be entitled to all costs and expenses, including reasonable attorneys’ fees, necessarily incurred upon the Contractor's refusal to honor and pay the above costs and charges.
All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive. Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract FOR
Documents or under any separate warranty or guaranty required thereby. The establishment of a
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:16
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents. 7-1.13 WARRANTY OF TITLE. No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment Installed or incorporated in the Work and agrees upon completion of all Work to deliver the Premises, together with all improvements and appurtenances constructed or placed thereon by it, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by this Contract shall have any right to a lien upon the Premises or any improvement or appurtenances thereon. Provided, that this shall not preclude the Contractor from Installing metering devices and other equipment of utility companies, the title of which is commonly retained by the utility company. In the event of the Installation of any such metering device or equipment, the Contractor shall advise the City as to the legal owner thereof. Nothing contained in this paragraph, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection or any rights under FOR
any law permitting such persons to look to funds due the Contractor in the hands of the City.
BIDDING ONLY NOT FOR CONSTRUCTION
GC - 7:17
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The provisions of this paragraph shall be inserted in all subcontracts and material Contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal Contract is entered into for such materials.
[END OF GENERAL CONDITIONS]
FOR BIDDING ONLY NOT FOR CONSTRUCTION
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
SUPPLEMENTAL CONDITIONS
Project: ____________________________ The Rocky Ridge Landscape Improvement Project
FOR BIDDING ONLY NOT FOR CONSTRUCTION
SC - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Scope of Supplemental Conditions
1. The Work shall be performed in accordance with the General Conditions and Department Standards, except as the General Conditions may be modified by the following additional City Standards, incorporated herein by this reference, if so indicated.
COMMUNITY DESIGN GUIDELINES
311 Vernon Street, Roseville, CA 95678
SPECIFICATIONS FOR COMMERCIAL
CONSTRUCTION (ELECTRIC)
2090 Hilltop Circle, Roseville, CA 95747
PARKS CONSTRUCTION STANDARDS
316 Vernon Street, Suite 400, Roseville, CA 95678
DESIGN AND CONSTRUCTION STANDARDS
311 Vernon Street, Roseville, CA 95678
OTHER
Above documents are available at: www.roseville.ca.us.
2. Numbering in these Supplemental Conditions conforms to that in the General Conditions. The existence of a section in these Supplemental Conditions means that the corresponding section in the General Conditions is modified in some respect. Unless otherwise specified, the modified General Condition is deleted entirely and the provisions of these Supplemental Conditions are substituted.
FOR BIDDING ONLY NOT FOR CONSTRUCTION
SC - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 1. DEFINITIONS AND TERMS
1-1.24 DEPARTMENT. Section 1-1.24 of the General Conditions is amended to include the following:
The Department for Contract Administration is the ________________________ Department of the City of Roseville.
Parks, Recreation & Libraries
FOR BIDDING ONLY NOT FOR CONSTRUCTION
SC - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 2. CONTROL AND SCOPE OF THE WORK
2-1.08 SUBMITTALS. Section 2-1.08 of the General Conditions is amended to include the following:
The time allowed for review of each submittal is ____ Days after receipt of the submittal by the Director.
10 FOR BIDDING ONLY NOT FOR CONSTRUCTION
SC - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 3. CHANGES IN THE WORK
There are no amendments to the General Conditions.
FOR BIDDING ONLY NOT FOR CONSTRUCTION
SC - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 4. CONTROL OF MATERIALS
There are no amendments to the General Conditions.
FOR BIDDING ONLY NOT FOR CONSTRUCTION
SC - 6
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 5. LEGAL RELATIONS AND RESPONSIBILITY
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. Section 5-1.14 of the General Conditions is amended to include the following:
To the best of the City's knowledge, asbestos _________ present in the vicinity of the Project. Additional information shall be made available to Contractor upon request.
Is Not
FOR BIDDING ONLY NOT FOR CONSTRUCTION
SC - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 6. PROSECUTION AND PROGRESS
6-1.04 PROGRESS SCHEDULE. Section 6-1.04F of the General Conditions is amended to include the following:
Progress schedules showing project completion dates more than ________ Days earlier than specified in Section 6-1.07 shall be rejected. 6-1.07 TIME OF COMPLETION. Section 6-1.07 of the General Conditions is amended to include the following:
The Contractor shall begin Work within _____ business days after receiving a Notice to Proceed and shall diligently prosecute the Work to completion. The Work shall be completed within ____ business days of the Notice to Proceed.
If landscaping plants require an establishment period, that period will be ____ calendar days. Start of the establishment should be as outlined in the Specifications. 6-1.08 LIQUIDATED DAMAGES. Section 6-1.08 of the General Conditions is amended to include the following:
The amount of Liquidated Damages is the sum of $_________ per Day. 0 10
100
60 1000
FOR BIDDING ONLY NOT FOR CONSTRUCTION
SC - 8
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 7: ACCEPTANCE AND PAYMENT
There are no amendments to the General Conditions.
[END OF SUPPLEMENTAL CONDITIONS]
FOR BIDDING ONLY NOT FOR CONSTRUCTION
SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
SPECIFICATIONS
Project: __________________________ The Rocky Ridge Landscape Improvement Project
FOR BIDDING ONLY NOT FOR CONSTRUCTION
The Rocky Ridge Landscape Improvement Project
July 17 2025
Table of Contents
TABLE OF CONTENTS
TABLE OF CONTENTS
SECTION 00 31 46 PERMITS
SECTION 01 10 00 SUMMARY OF WORK
SECTION 01 57 23 STORM WATER POLLUTION CONTROL
SECTION 03 30 00 SITE CONCRETE
SECTION 26 00 00 SITE ELECTRICAL
SECTION 31 10 00 CLEARING AND GRUBBING
SECTION 31 20 00 EARTHWORK
SECTION 32 12 16 ASPHALT CONCRETE PAVING
SECTION 32 84 00 IRRIGATION SYSTEM
SECTION 32 90 00 PLANTING AND LANDSCAPE ELEMENTS
SECTION 33 00 00 UTILITIES
APPENDICES
A: Irrigation Schedules 1 pages
B: Valve Schedule and Proposed Controller Map 1 pages
C: Miscellaneous Planting and Irrigation As-Builts 28 pages D: Comcast Fiber Locations 1 pages
FOR BIDDING ONLY NOT FOR CONSTRUCTION
The Rocky Ridge Landscape Improvement Project
July 17 2025
Section 00 31 46: Permits
SECTION 00 31 46
PERMITS
PART 1 - GENERAL
1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.
C. The intent of this Section is to furnish bidders with the known list of required permits for the Work under the Contract Documents. Bidders should note the list is not necessarily complete and additional requirements may exist or arise.
1.02 Permits
A. The Contractor shall obtain copies of the following permits from the Project Manager. Copies of these shall be obtained prior to start of work and shall be kept on the jobsite.
1. A formal SWPPP is not required for this project, however it is the contractor’s responsibility to ensure compliance with the construction general permit to not impact the storm system, including implementation and maintenance of BMP’s as needed. The contractor shall keep the construction area, neighboring streets, sidewalks, and landscape areas in a clean and orderly fashion at all times.
B. The Contractor shall obtain the following permits prior to starting work. Copies of these shall be obtained prior to start of work and shall be kept on the jobsite.
1. City of Roseville Department of Development Services, Encroachment Permit and Traffic Control Plan for all Work related to this project.
C. Contractor shall comply with the conditions of these permits, and will be solely responsible for all costs associated with meeting permit conditions unless specifically specified otherwise in these Contract Documents.
PART 2 - PRODUCTS
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Section 00 31 46: Permits
PART 3 - EXECUTION
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Section 01 10 00: Summary of Work
SECTION 01 10 00
SUMMARY OF WORK
PART 1 - GENERAL
1.01 General
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
B. The requirements set forth in the Special Conditions shall be in addition to the standards provided herein.
1.02 Project Description
A. Project Name and address:
The Rocky Ridge Landscape Improvement Project
Rocky Ridge Drive, Roseville, CA, 95661
B. Project description/scope of work:
The scope of this project includes … 5.8 Acres of Landscape and Irrigation Improvements
C. The Contractor, prior to submission of his bid, shall visit the site and become familiar with the physical site conditions, the plans and specifications. All existing site conditions, apparent in a detailed, on-site inspection, shall be a part of the project. Submission of a bid shall represent the Contractor’s acknowledgment of the existing site conditions and its effect on the implementation of the contract documents.
1.03 Engineering
A. Field Engineering, as a part of this contract, shall include:
1. Layout of the work and establishment of lines and grades.
2. Said work to be performed by a California Registered Civil Engineer or a California licensed Land Surveyor.
3. When discrepancies between the drawings and actual site conditions are discovered, notify the Inspector for instruction on how to proceed.
4. All work shall:
a) Establish indicated layout in relation to the property survey and existing reference points.
b) Establish and preserve permanent reference points during the course of construction.
c) Set locations and elevations of all site elements as required for proper FOR
completion of the work.
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1.04 Permits, Fees and Notices
A. The Contractor and/or his assigned Subcontractors shall obtain any and all required permits (beyond those provided by the City’s Project Manager) from all governing authorities, including other City Departments, prior to start of construction.
1.05 Construction Plans
A. Any discrepancies or omissions found in the Contract Documents shall be reported to the City’s project manager immediately. The City’s project manager will clarify discrepancies or omissions, in writing, within a reasonable time.
B. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order:
1. Notice to Contractors
2. Special Provisions
3. City of Roseville Parks Construction Standards
4. City of Roseville Design and Construction Standards
5. Drawings
Addenda shall take precedence over all sections referenced therein. Figure dimensions on Drawings shall take precedence over scale dimensions.
Detailed Drawings shall take precedence over general Drawings.
1.06 Definitions
A. The term “accepted” where used within, shall mean accepted in writing by the City of Roseville’s Project Manager.
B. The term “Inspector”, where noted, shall mean the project representative, appointed by the City of Roseville, who will oversee the project on a day-today basis.
C. The term “Project Manager”, where noted, shall mean the project representative appointed by the Parks Department.
D. The term “Consultant”, where noted, shall mean the prime Consultant listed on the cover sheet of these Specifications.
E. The term “accepted equal”, where used herein, shall mean the equal in the opinion of the Project Manager, in consultation with the Consultant, when necessary, and as accepted in writing by the Project Manager.
F. The term “Project Owner”, where used herein, shall mean the landowner or developer.
G. The term “provide”, where used herein, shall mean furnish and install complete.
H. The term “as selected”, where used herein, shall mean as selected by the Consultant and as accepted by the Project Manager.
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I. The term “substantially complete”, where used herein, shall mean the state of which the project can be used in the manner of which it is intended with the exception of minor items as determined by the Project Manager.
J. See Section 1 of the General Conditions for additional definitions and terms.
1.07 Standards
A. Numerous standards are referenced in these contract documents. The referenced standards shall be the current edition as of the date of these contract documents. Also, see Section 4 - 1.02 of the General Conditions.
B. The codes adopted by the City, County, State and federal agencies shall govern minimum requirements for this project. Where codes conflict with these Specifications, the more stringent shall apply, and such conflicts shall be brought to the attention of the Project Manager. Caltrans Standards shall be applied where specifically referenced. In the absence of specific reference requirements in the contract documents, the applicable codes shall govern.
C. In addition to the standards noted in individual sections of these Specifications, standards of the following organizations shall be noted by initials only.
1. ANSI: American National Standards Institute.
2. ASTM: American Society for Testing and Materials.
1.08 Submittals
A. All submittals shall be submitted at one time within ten (10) working days from issuance of Notice to Proceed. The review time for submittals shall be as noted in Section 2 - 1.04 of the Special Conditions. Items returned for re- submittal shall be returned to the City within two weeks
B. The Contractor shall include a cover sheet indicating the following (A sample is provided in Section 5: Forms):
1. Drawing sheet or specification section reference (by section, paragraph and sub-paragraph numbers);
2. Item description;
3. Indication whether this item is “as specified” or “proposed substitution” and
4. A space for itemized response summary, e.g. “reviewed” or “resubmit”.
C. Contractor shall provide submittals electronically in PDF file format and physical product samples as required in specifications. It shall be the Contractor’s responsibility to ensure the summary sheet is included in the submittal package. Incomplete submittal packages (i.e., the lack of a summary sheet or lack an appropriate product sample) will not be reviewed.
D. Proposed substitution requests must include a comparison between the originally specified item and the proposed substitute. The burden of proof of compliance for proposed substitutions with project requirements rests with the Contractor. Coordination of the installation of accepted substitutions, including
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incidental changes/modifications to accommodate proposed products shall be at no additional cost to the Owner.
E. Where required in specified Section of these Specifications, submittals shall include proof of order of site furnishings, play equipment or other materials within two weeks (ten working days) of receipt of the returned, approved submittal. Submittals of orders shall be made at one time. Exceptions will be considered, with justification.
1.09 Tests
A. In addition to Section 4 - 1.03 of the General Conditions, testing and inspections may be performed by a private testing laboratory. The testing laboratory, provided by the City, shall be under the direction of a California registered civil engineer. All work shall conform to requirements set forth by ASTM B329, and shall be acceptable to the City.
B. Copies of the laboratory reports/results of each test or inspection shall be provided to the Project Manager, Inspector and Contractor.
1.10 Temporary Facilities
A. Sanitary provisions shall be the responsibility of the Contractor. Existing restroom facilities shall be not utilized by the Contractor, his Sub-contractors, or employees thereof, unless specifically accepted by the Project Manager.
Provide chemical toilets or water closets and urinals connected to the sewer in a location accepted by the Project Manager.
B. Barricades shall be the responsibility of the Contractor and shall be erected as necessary to protect the property, the construction and the public from hazards due to construction.
C. Signs, other than those identified in these Specifications, shall be prohibited.
Notices, required by law, shall be posted and maintained.
1.11 Utilities
A. All utility fees, including, but not limited to, connection fees, installation fees, meters, monthly service fees and cost of utilities used during the course of construction and establishment are considered a direct cost and are the responsibility of the Contractor until project acceptance by City Council.
1.12 Dust/Noise Control Requirements
A. Dust and other air pollution nuisances on or adjacent to the site shall be abated, per Section 2 - 1.15 of the General Conditions. Dirt shall not be allowed to accumulate on streets or sidewalks nor be washed into sewer.
B. Noise from construction operations shall be kept to a minimum. Allowable hours of operations shall be from 7 a.m. to 7 p.m. Monday through Friday. Work on
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weekends and holidays must be approved by the project manager. Work on weekends and holidays shall not begin before 8 a.m. and must be completed by 8 p.m.
1.13 Tree Replacement Schedule
A. Trees damaged or removed without prior approval shall be replaced at an inch per inch basis on-site, except otherwise accepted. New stock shall follow the table provided:
Plant Size Inch Value
3 Five Gallon Stock One Inch
1 Fifteen Gallon Stock One Inch
1 24” Box Stock Two Inches
1 36” Box Stock Three Inches
1.14 Inspection of Construction
A. In addition to the routine inspections performed by the Parks Inspector, portions of work may be inspected by the other city departments. Notify the Parks Inspector and Project Manager a minimum of 48 hours prior to date of inspection.
B. The Parks Inspector shall be the main line of communication between the site superintendent, the project manager and other City department inspectors.
Changes in scope of work or standards shall be approved by the project manager.
C. Refer to the parks inspection record. This shall be issued at the PreConstruction meeting and shall be utilized by the Contractor throughout the course of construction. A completed “hard card” shall be submitted to the Project Manager along with required turn in items (See 1.19 this Section) upon final acceptance of the project. The Notice of Completion shall not be filed until all record documents have been received and accepted.
1.15 Adverse Impacts to Site Conditions Due to Construction A. Impacts that affect the site conditions to the detriment of the park or streetscape impacts that affect the site conditions to the detriment of the park or streetscape construction or long term viability of the site shall be mitigated by the contractor prior to acceptance of the project. Such impacts shall include, but are not limited to:
1. Soil compaction in non-structural areas;
2. Diesel or gas fuel leaks/spillage;
3. Buried concrete or other construction debris;
4. Hazardous material contamination;
5. Lime treatment in planting areas;
6. and more.
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1.16 Pre-final (Punch List) Review
A. Notify, in writing, to the Parks Construction Inspector, that the work is substantially complete. Substantially complete is defined as “the state of work where it may be used in a suitable and intended manner with exception of minor corrections”. Partial acceptances will not be granted. Items to be reviewed as a part of substantial completion include:
1. All construction items
2. Installation of all site furnishings, including lights and signs
3. All planting, including mulch installation and weed control of planted areas. a) For sodded turf, upon sod installation
b) For seeded turf, upon second mowing as described in Section 329000, Part 3.11.
4. The irrigation system is fully functioning as designed and as confirmed by the landscape irrigation audit.
B. Within five workings days of receipt of notification, the Parks Construction Inspector will confirm substantial completion. The Parks Construction Inspector will schedule the punch list walk (pre-final review) within five working days after the project has been determined as substantially complete. A formal punch list will be developed at the punch list walk. The Parks Construction Inspector will provide a copy of the formal punch list to the Contractor within five working days of punch list walk. Performance of the punch list walk does not automatically trigger the start of establishment.
1. If at any point during this review it becomes apparent the Contractor has not properly prepared for the site review, the inspection shall immediately be terminated and re-scheduled at such a time as the site has been readied for a review. Any costs for the re-scheduling of the review shall be the responsibility of the Contractor. Lack of site preparation could delay start of the establishment period.
C. Concurrent to the pre-final review, the City will make a formal request for all required turn-in items to be submitted to the City. All turn-in items shall be submitted in their entirety to the City’s Park Construction Inspector. Partial turnin packages will be rejected.
D. Once all turn-in items have been confirmed to be complete and accurate, the establishment period may be considered to begin. The City shall have sole discretion in determining the appropriateness of the commencement of the establishment period and shall notify the developer/contractor in writing of the start and end dates. Portions of the project will not be accepted for FOR
establishment prior to the substantial completion of the entire project.
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1.17 Establishment Period
A. The duration of the establishment period shall be:
1. For seeded turf in parks: Ninety (90) calendar days, minimum, and until the Notice of Completion (NOC) for City-built parks has been approved by the City Council, or the deed transferring property ownership, has been recorded at the County for Developer-built parks.
2. For sodded turf in parks: Forty-five (45) calendar days commencing between March 1st and October 31st and sixty (60) calendar days commencing between November 1st and February 28th, and until the Notice of Completion (NOC) for City-built parks has been approved by the City Council, or the deed transferring property ownership, has been recorded at the County for Developer-built parks.
3. For streetscapes: Thirty (30) calendar days, minimum, and until final acceptance of all related street improvements subject to approval of a Notice of Completion by the City Council. The inclusion of large box trees (36” box and greater) may require an extended establishment period of ninety (90) calendar days, as noted on plans.
B. Active maintenance is required throughout the entire establishment period.
Active maintenance is defined as:
1. All areas within the project site shall be protected against damage including vandalism, erosion, trespass, rodents and other acts. Immediately repair all damaged areas.
2. All walkways and paved areas shall be kept clean and all debris within planting and turf areas shall be immediately removed.
3. Automatic irrigation controller shall be fully utilized and irrigation system monitored and adjusted as described in Section 32 84 00 4.03.
4. All plant and turf maintenance as described in Section 32 90 00 3.11 C. Prior to the start of the final thirty (30) days of establishment:
1. All punch list items shall be completed.
2. All certifications and testing shall be completed.
3. All plantings and turf shall be thriving and in a healthy condition.
4. The lack of active maintenance prior to the final thirty (30) days may constitute a delay in the start of the final thirty (30) days of the establishment period.
1.18 Final Review
A. One (1) week prior to the end of the establishment period, a final on-site review shall be conducted to review project readiness for final turn-over. All punch list FOR
items must be satisfactorily addressed prior to the final review.
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B. The project shall be prepared and cleaned per Section 2 - 1.12 of the General Conditions; the turf shall be mowed; and the irrigation heads shall be adjusted appropriately one day prior to the scheduled final review.
C. Acceptance of the project shall be considered “field accepted” and a recommendation will be forwarded to the City Council for “final acceptance” per Section 7 - 1.01 of the General Conditions.
D. An unaccepted project shall extend the establishment period until such time as the unaccepted portions of the project have been reviewed and field accepted by the Inspector and Project Manager.
E. Turn over for City maintenance shall occur only after:
1. The specified duration of the establishment period has been successfully completed.
2. If required, the deed transferring property ownership, has been recorded at the County.
3. A Notice of Completion (NOC) for city-built parks and for streetscapes has been approved by the City Council.
F. Contractor shall provide a written guarantee covering all improvements associated with this project. See 1.19 – Warranties and Guarantees.
1.19 Record Documents
A. Record documents or as-built plans shall be maintained on-site and updated routinely as specified in Section 2 - 1.13 of the General Conditions. Record documents shall include all items under the contracted scope of work.
B. Record documents shall be submitted:
1. two sets 11 x 17 laminated reductions of the irrigation plan illustrating with colors the individual controller stations; and
2. Electronically submit PDF scanned images (in color) of the verified/initialed as-built drawings.
3. For City of Roseville CIP projects, SWPPP binder.
1.20 Warranties and Guarantees
A. Warranties are required under various Sections of these Specifications. Prior to final acceptance, the Contractor shall combine all warranties into a single electronically submitted PDF, . All warranties shall be clearly labeled and the number of years highlighted. Also, see Sections 7 - 1.10 and 7 - 1.11 of the General Conditions.
1. Warranties for equipment shall be submitted in the manufacturer’s standard form and shall be countersigned by the subcontractor or supplier and the Contractor.
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2. All other warranties shall be provided in the following format, written on subcontractor’s or supplier’s letterhead, signed by the subcontractor or supplier and countersigned by the Contractor:
WARRANTY FOR YEARS
“We hereby warrant that the product which we have installed at project name has been done in accordance with the contract documents, and that the work, as installed will fulfill the warranty requirements included in the Specifications.
We agree to repair or replace any or all of our work, together with any other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or material within the warranty period stated above commencing from the date of final acceptance of the above named project by the City of Roseville’s City Council, without additional expense to the City, ordinary wear and tear and unusual abuse or neglect excepted.
In the event of failure to comply with the above conditions within thirty (30) days of notification by the City, we collectively or separately do hereby authorize the City to proceed with the repairs or replacement of such defects at our expense. Payment of said costs and charges will be forwarded to the City upon demand.
Signed:
Subcontractor or Supplier Date
Countersigned:
Contractor Date
B. Guarantees shall be a minimum of one (1) year for all plant material, including trees and shrubs. The guarantee shall state that plant materials (trees & shrubs) to be free of all defects or disease and all plants are in a healthy and thriving condition at the completion of the contract. Deciduous plant material shall be warranted beyond the time of contract completion until such time as growth becomes evident.
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PART 3 - EXECUTION
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Section 01 57 23: Storm Water Pollution Control
SECTION 01 57 23
STORM WATER POLLUTION CONTROL
PART 1 - GENERAL
1.01 General
A. A formal SWPPP is not required for this project, however it is the contractor’s responsibility to ensure compliance with the construction general permit to not impact the storm system, including the implementation and maintenance of BMP’s as needed. The contractor shall keep the construction area, neighboring streets, sidewalks, and landscape areas in a clean and orderly fashion at all times.
B. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
C. The requirements set forth in the Special Conditions shall be in addition to the standards provided herein.
1.02 References
A. State Water Resources Control Board Order No. WQ 2022-0057 DWQ National Pollutant Discharge Elimination System General Permit No. CAS0000002, for Storm Water Discharges Associated with Construction and Land Disturbance Activities.
B. CASQA California Stormwater BMP Handbook – Construction, October 2024.
1.03 Definitions
A. NOI: Notice of Intent
B. NOT: Notice of Termination
C. QSP: Qualified SWPPP Practitioner
D. QSD: Qualified SWPPP Developer
E. SWPPP: Storm Water Pollution Prevention Plan
F. SWRCB: State Water Resources Control Board
G. NPDES: National Pollutant Discharge Elimination System H. WDID: Waste Discharger Identification number
I. BMP: Best Management Practices
PART 2 - PRODUCTS
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PART 3 - EXECUTION
3.01 SWPPP
A. A formal SWPPP is not required for this project, however it is the contractor’s responsibility to ensure compliance with the construction general permit to not impact the storm system, including the implementation and maintenance of BMP’s as needed. The contractor shall keep the construction area, neighboring streets, sidewalks, and landscape areas in a clean and orderly fashion at all times.
3.02 Schedule
A. Contractor shall develop a Water Pollution Control Schedule that describes the timing of grading or other work activities that could affect water pollution. The schedule shall be updated by the Contractor to reflect changes in the Contractor’s operations that would affect the necessary implementation of water pollution control practices. The typical sequence of work shall be adjusted by the Contractor based on weather conditions and forecasted rain events. The schedule is considered an appropriate and applicable BMP.
3.03 Penalties and fines
A. Contractor is responsible for all penalties and fines assessed to or levied on the project related to the implementation of the SWPPP.
B. In an effort to maintain compliance with the General Permit, the Contractor may be asked to make changes to the BMPs. If the Contractor is unable to perform these services in a timely manner the City reserves the right to address any areas of concern and deduct the cost from the contract.
3.04 BMP’s
A. Construction BMP’s shall be installed per the Erosion / Sediment Control Plan and project SWPPP, and in accordance with the CASQA California Stormwater BMP Handbook. Use of alternative BMP’s will be reviewed and accepted at the discretion of the City’s QSD.
3.05 Cleaning
A. Thoroughly clean all areas where work has occurred. Remove from the site excess material, debris and rubbish.
B. Take all precautions to protect completed work. Immediately repair or replace all damaged areas due to tire ruts, erosion, compaction failure, etc. Keep all erosion control measures intact.
END OF SECTION
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Section 03 30 00: Site Concrete
SECTION 03 30 00
SITE CONCRETE
PART 1 - GENERAL
1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.
C. The standards set forth in the City of Roseville Design and Construction Standards and the City of Roseville Parks Construction Standards, latest editions, shall be in addition to the standards provided herein.
1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of all concrete work, flatwork and poured-in-place as shown in the Plans and as specified herein.
1.03 References
A. Caltrans Standard Specifications, latest edition.
B. California Building Code (CBC) and California Administrative Code (Title 24), latest editions.
1.04 Quality Assurance
A. For all flatwork, the Contractor shall pour a six-foot by six-foot (6’ x 6’) sample of each type of finish specified for review and acceptance by the Project Manager prior to pouring any concrete. The accepted samples shall remain onsite and intact until all concrete work has been completed. The quality of the concrete work shall be measured by the accepted samples.
B. During the course of construction, a qualified testing laboratory shall obtain samples as determined by the Inspector and conforming to federal and state codes and standards. Such costs shall be paid for by the City. Re-tests and removal of below acceptable strength concrete shall be borne by the Contractor.
The Contractor shall cooperate with the testing during the course of obtaining such samples.
C. Variances in surface grades of more than 1/8”, as measured by a straight edge ten feet (10‟) long, shall be corrected to the satisfaction of the Inspector.
Remove all areas where standing water occurs, including any surface irregularities.
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1.05 Handling and Storage
A. Comply with ASTM C-94, “Specifications for Ready Mix Concrete” for the batch, mix and transport of concrete.
B. Mix and deliver only the amount that will be poured immediately.
1.06 Record Drawings
A. The Contractor shall keep an accurate record of the as-built conditions of the site concrete. These records shall be updated daily and kept at the construction site. At any time, the Inspector may examine the conditions of the “as-builts” to ensure compliance of the above.
PART 2 - PRODUCTS
2.01 Concrete
A. Concrete for play area curbs, sidewalks, and accessible ramps shall conform to the provisions of Section 90-2 “Minor Concrete” of the Caltrans Standard Specifications. Cementitious material shall be „Type II Modified” and shall contain no less than 505 pounds of cementitious material per cubic yard.
Aggregate shall be not greater than one-inch or smaller than 3/8-inch. Submit concrete analysis for review and acceptance prior to placement of concrete.
2.02 Fiber Reinforcement
A. Fibers for concrete shall conform to ASTM C1116 Type III and manufactured specifically for the secondary reinforcement of concrete. Fiber length to be 0.50” or 0.75”. Acceptable products include Fibermesh 150, as manufactured by Sika USA, or accepted equal.
2.03 Expansion Joint Material
A. Fiber expansion joint shall conform to ASTM-1751 and shall be a nonextruding resilient filler. Filler shall have preserve attributes and high quality bituminous materials.
B. Apply Sikaflex elastomeric sealant, or accepted equal, over all expansion joints.
2.04 Concrete Forms
A. All forms shall be new at the start of the project.. Minimum size lumber shall be 2 x 6.
B. Radius bends shall be formed by spring steel forms or laminated boards, as required.
C. Plywood shall be 5/8”, Class I, exterior grade as outlined in APA “Guide to Plywood Grades”. Omit mill oiling treatment.
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PART 3 - EXECUTION
3.01 Poured-In-Place Concrete
A. Concrete for hardscape or flatwork shall be placed on subgrade compacted per geotechnical engineer recommendations. Prior to placement of concrete, a soils compaction test must be performed by an accepted soils testing professional on a representative number of locations along the flatwork area.
The City or project owner shall provide the initial test. The results of these tests must be available and meet acceptable levels prior to pouring. Re-tests and rework of any area, as directed by the soils professional, shall be the responsibility of the Contractor.
B. Construct forms to conform to the shapes, dimensions and details shown on the Plans. All forms shall be true to lines, plumb, level and square.
C. Forms shall not leak, spread, shift or settle when concrete is placed.
D. All forms shall carry dead and live loads and shall not deflect more than 1/8” between supports after placement of concrete.
E. All forms shall be thoroughly soaked a minimum of twelve (12) hours prior to pouring of concrete. Forms shall be treated per manufacturer’s recommendations.
F. Reuse of forms may be allowed at the discretion of the Inspector. Reused forms shall be cleaned and free of defects that would affect the final concrete finish.
G. Concrete footings shall be formed only when excavations slump or cave in.
Over-excavate the trench or footing diameter to accommodate the forms’ installation and removal. Apply water to moisten soil. Do not allow water to create mud or ponding.
3.02 Fiber Reinforcement
A. Install per manufacturer’s instructions. Apply at the batch plant prior to delivery.
Thoroughly mix fiber material to avoid “clumping”.
3.03 Expansion Joints
A. Expansion joints shall be placed where vertical elements meet horizontal paving unless otherwise noted on the Plans. This shall include vertical expansion joints on play area curb walls, buildings, shade structures, walls and/or planters. The corners of the paving shall be tooled at the expansion joints. Trim exposed fibers which protrude above or beyond the finish surface of paving or the finish surface of the wall.
3.04 Control Joints for Concrete Sidewalks
A. Control joints shall be per Parks Standard Details with deep, straight and finished with rounded edges. Control joints shall be placed (on-center) a
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distance equal to the width of the concrete walkway, unless otherwise shown on the Plans. For example a ten-foot wide walkway shall have control joints placed ten feet on center. Control joints shall not dead-end into an adjacent panel, and shall not create acute angles that are prone to break off.
3.05 Sawcutting of control joints shall begin as soon as the concrete surface has hardened sufficiently to resist raveling.
3.06 Placement of Concrete
A. Do not pour concrete in weather below 40 degrees F. or when temperatures are predicted to fall below freezing within 24 hours, except with prior authorization.
B. Concrete shall be transit mixed according to ASTM C-94. Discharge readymixed concrete from transport vehicle while the concrete is still plastic and before stiffening occurs.
.
C. Concrete shall be deposited up to the finished height of the forms and up to the adjacent joint. No partial pours will be allowed. Excess material shall be dumped on-site and later removed by the Contractor.
D. Thoroughly consolidate the concrete by manually spading and tamping concrete into all corners of the forms and by utilizing a high-speed mechanical vibrator. Retain a standby vibrator on-site during the course of concrete work.
When utilizing the vibrator, take precautions to avoid impact on the forms.
E. After obtaining uniform consolidation, screen tamper all flatwork surfaces, screed and bull float to ensure that large aggregates are pushed below the surface. When it is practical to work on the surface, wood float, steel trowel paving to a uniform surface.
F. Concrete elements shall not exceed the following tolerances:
1. Linear: 1/8”
2. Slab deviation: 1/8” in 10’
3.07 Finishes
A. Finishes shall be as shown on the Plans and shall be consistent in quality throughout the project. No visible cracks or discoloration will be accepted.
Finishes on vertical surfaces shall be consistent throughout. Vertical expansion joints are spaced as identified on the plans and are smooth with the finish surfaces. All edges for flatwork and vertical surfaces shall be eased at a consistent radius.
FOR
B. Upon completion of float finishing, provide the final finish as follows:
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Section 03 30 00: Site Concrete
1. Medium Broom Finish: shall be accomplished by pulling a stiff bristle broom across a floated surface. The direction of the broom shall be perpendicular to the path of travel, unless otherwise shown on the Plans.
2. Acid Washed Finish: shall be accomplished after the slab has cured and no sooner than two (2) weeks after the concrete had been placed. Remove the cement film from the surface of the aggregate by an acid wash. Delaying the acid wash additional time is permissible. The slab shall be saturated with water, brushed free of standing water and washed with 5% to 10% solution muriatic acid. Several flushings with clear water should follow until the surface matches the accepted sample panel.
3. Rock Salt Finish: shall be accomplished by (Insert, if used).
4. Medium Sandblast Finish: shall be accomplished by (Insert, if used)
5. Other (Insert, if used)
3.08 Removal of Forms
A. Form removal timing to be based on the concrete set strength and environmental conditions unless specifically called out on the drawings.
B. Remove all bolts, nails, ties, wires, etc. a minimum of one inch (1”) below the surface of the concrete. Remove imprints, irregularities or other such defects and patch as directed by the Inspector.
3.09 Curing and Protection
A. Allow adequate time for the concrete to cure. Contractor to take necessary steps to minimize evaporation and maximize the process of hydration.
B. Protect all concrete from damage during the curing period. Shoulddamage occur, Contractor shall take immediate action to repair damage or replace damaged concrete to the satisfaction of the City.
3.10 Clean-Up
A. During the course of this work, the area shall be kept clear and free of debris as realistically as possible. Upon completion of concrete work, completely remove from the site all used forms, hardware, spillage, rejected work and other materials.
B. Remove from site furnishing posts all concrete “slobber”. Re-touch posts as necessary for a clean finish.
END OF SECTION
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Section 26 00 00: Site Electrical
SECTION 26 00 00
SITE ELECTRICAL
PART 1 - GENERAL
1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
B. The requirements set forth in the Special Conditions shall be in addition to the standards provided herein.
C. The standards set forth in the City of Roseville Design and Construction Standards, latest edition and requirements outlined by the City of Roseville Electric Department shall be in addition to the standards provided herein.
D. The standards set forth in the latest edition of the California Electrical Code (CEC), incorporating the latest edition of the NEC with City of Roseville amendments shall be in addition to the standards provided herein.
1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of site electrical as shown in the Plans and as specified herein.
B. Submittals shall be required for requested substitutions or plan deviations ONLY. The Contractor shall install all specified electrical fixtures, poles and equipment, unless otherwise accepted and determined as an equivalent.
1.03 References
A. Conform to requirements outlined in the latest editions of the California Electrical Code (CEC), California Administrative Code (Title 24), California Building Code (CBC), California Administrative Code (Title 22) and other applicable codes.
B. Conform to requirements outlined in the latest edition of the Roseville Electric Specifications for Commercial Construction.
1.04 Record Drawings
A. Record drawings are required as a part of this work. At all times, the Contractor shall maintain accurate information of the work in progress. Deviation in layout of conduit or other materials shall be recorded to the satisfaction of the Inspector. Upon completion of the project, as-builts shall be submitted to the City on reproducible plan sheets and shall depict all changes in a neat and FOR
legible manner.
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Section 26 00 00: Site Electrical
PART 2 - PRODUCTS
2.01 Service Panels
A. Service panels shall meet the Roseville Electric approved sections of the EUSERC requirements. The list of acceptable panels can be found at https://the.euserc.org/s/Roseville-City-of-Acceptability-Pages.pdf B. Service panel shall be:
1. Built to UL508A standards
2. Metered
3. Single phase or three phase application
4. Rated for 120 to 480 volts
5. Color: Hunter Green
2.02 Electronic Astronomic Time Switch
A. Electronic Astronomic Time Switch shall be DWZ Model series, as manufactured by Tork, or accepted equal.
2.03 Conduit and Fittings
A. For primaries (12,000 volts), conform to Roseville Electric’s Specifications for Commercial Construction, latest edition.
B. All other conduit and fittings shall conform to the California Electric Code, latest edition.
2.04 Wires and Cables
A. Conform to the California Electric Code, latest edition.
B. All wires shall be copper only, 90-degree-C THHN/THWN insulation.
2.05 Wire Connections and Devices
A. Conform to the California Electric Code, latest edition.
B. Splices and joints for #10 AWG or smaller wiring shall be twisted together electrically and mechanically strong and insulated with approved type insulated electrical spring connectors, Scotchlok or Ideal. Joints and connections for #8 AWG or larger shall be made with Burndy, T & B, or approved equal, solderless tool applied pressure lugs and connectors. Uninsulated lugs and wire ends shall be insulated with layers of plastic tape equal to insulation of wire and with all irregular surfaces properly padded with "Scotchfil" putty prior to application of tape. Tape shall be equal to Scotch #33, General Electric #AW-1, or approved equal. Feeder splicing is not permitted.
C. Receptacles: 15 & 20 Amp 125 Volt receptacles shall be "Specification" grade, duplex, UL Listed, rated Weatherproof where installed outdoors or in damp or wet locations. Where only one receptacle is connected to a 20 ampere circuit, a 20 ampere receptacle shall be used. Receptacles to be Hubbell 5262 series,
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Section 26 00 00: Site Electrical
5362 series, or equal. Provide an equipment grounding jumper (pigtail) connecting the grounding terminal of the receptacle to the grounded box.
2.06 Outlet Boxes
A. Cast Metal boxes shall be cadmium plated, cast iron alloy by Crouse-Hinds Form 8 condulets, Appleton Form 35 Unilets or accepted equal.
B. Cast Metal Outlet boxes shall be four inch (4”) round, galvanized cast iron alloy with threaded hubs and mounting lugs as required. Boxes shall be furnished with cast cover plates of the same material as the box and neoprene gaskets by Crouse-Hinds VXF series, Appleton JBX series or accepted equal.
2.07 Pull and Junction Boxes
A. Per City of Roseville Electric Department’s Specifications for Commercial Construction, latest edition.
2.08 Parts Identification
A. Consistent with the City of Roseville Electric Department’s Specifications for Commercial Construction, latest edition.
2.09 Electrical Support Equipment
A. Concrete Fasteners shall be Philips “Red-Head” or accepted equal. Powder driven concrete pin fasteners, low velocity type shall be Remington, Ramset or accepted equal.
B. Conduit Straps shall be hot dipped galvanized, cast malleable iron, one hole type strap with cast clamp-backs and spacers (as required) by O-Z/Gedney No. 15-50G strap and #14G spacer, Efcor No. 231 strap and No.131 spacer or accepted equal.
C. Concrete Inserts shall be pressed galvanized steel, spot insert with oval slot capable of accepting support nuts of ¼ inch to ½ inch diameter thread by Unistrut No. M2506 series, Globestrut CSI series or accepted equal.
D. Construction Channel shall be 1-1/2 inch by 1-1/2 inch 12 gauge galvanized steel channel with 17/32 inch diameter bolt holes, 1-1/2 inch on center, in the base of the channel by Kindorf 905 series, Unistrut P-1000-HS or accepted equal.
E. Cable Ties and Clamps shall be one piece, nylon, reusable type lashing tiesby Thomas and Betts Co “Ty-Raps”, Panduit “Pan-Ty” or accepted equal.
F. General Fasteners shall be wood screws for fastening to work; machine screws for fastening to steel; toggle bolts for fastening to gypsum board or plaster walls; expansion anchors for attachments to pre-poured concrete.
G. GFI Outlet Cover shall be metal, lockable, and flush with the surface it is installed in. Cover must conform to the California Electric Code, latest edition.
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Section 26 00 00: Site Electrical
2.10 Fixtures and Poles
A. All damaged Fixtures and Poles during the course of construction are to be replaced in kind with no cost to the City
B. Pathway/Security lights shall be:
1. LED: Hadco: RL54 B B N N 1 A W N N N A 2 N N N N SP1
2. Pod: die-cast aluminum housing with tool-less access
3. Globe: clear prismatic injection molded U.V. stabilized acrylic
4. Symmetric photometric distribution
5. Rated 120 volts
C. Poles shall be:
1. Whatley: TR34 16 DE BLK TXT 30-30 or accepted equal
2. Fiberglass, direct burial
3. Textured round, tapered
4. 16’ mounting height
5. Include –RC receptacle on select poles only, as shown on plans
2.11 Tracer Wire
A. Insulated solid copper wire, minimum #12 gauge.
PART 3 - EXECUTION
3.01 Installation
A. Install (luminaire and poles) in accordance to manufacturer’s instructions.
B. Ensure proper handling and installation of fixtures including hardware necessary for a complete installation. Fixtures (luminaire and poles) shall be clean, plumb and level.
C. All lamps shall be new and in operating condition. New lamps shall have less than 100 hours of operation on-site.
D. All splices in exterior fixtures or fixture outlet boxes shall be made watertight, using specified epoxy resin splicing kits.
E. Operate the entire system, once complete, in the presence of the Inspector.
Immediately correct any improper connections or other items.
F. Install concrete collars around light poles. Concrete collars shall be per the Parks Construction Standards, latest edition.
G. Install tracer wire on top of conduit for all up-lighting and sports field lighting.
3.02 Clean Up
A. At all times, maintain a safe and clean work site, free of debris and rubbish.
B. All electrical parts shall be clean of conductive and deleterious materials.
C. All enclosures shall be free of dirt and debris.
D. Clean all finishes and touch up damaged areas prior to pre-final inspection.
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Section 26 00 00: Site Electrical
3.03 Excavation & Backfill
A. Refer to Section 33 00 00 Utilities.
3.04 Equipment Pads
A. Concrete reinforced pads for mounting of equipment (i.e. switchboard, transformers, freestanding panels, etc.) shall be minimum 3000psi, 6" thick with #4 rebar at 12" on center each way. Rebar shall be centered in pad. Pad shall extend 2" beyond equipment and 1.5" above surrounding area. Backfill and compact to 95% maximum dry density at optimum moisture content in layers not to exceed 6" when compacted.
3.05 Grounding
A. Grounding and ground bonding of the electrical installation shall be in accordance with CEC Article 250, and any applicable codes. Ground fittings shall be approved manufactured type, installed and connected to conform with Code requirements.
B. Neutral conductors and noncurrent-carrying parts of equipment at each installation shall be grounded in accordance with applicable code. Ground conductor shall be copper having a current capacity sized in accordance with CEC.
C. All equipment cases, motor frames, etc., shall be completely grounded to satisfy requirements of CEC. Install bond wire in flexible conduit. Install copper bond wire, sized in accordance with CEC, in all nonmetallic raceways and bond to all metallic parts using approved fittings.
D. Service ground conductor shall be connected to a "Ufer" encased ground and bonded to the metallic cold water pipe system and to the metallic natural gas line. 5/8” x 10 ft copper clad ground rods may be used in lieu of the Ufer ground where no footing is available.
E. All connections shall be made with solderless connectors or molded fusionwelding process.
F. Equipment grounding conductors shall be insulated with a continuous green outer finish along its entire length. Conductors size #4 AWG and larger may be identified (with green electrical tape applied half-lapped) at each end and at every point where the conductor is accessible. Tape shall be applied from its point of entry to point of exit or termination.
G. Insulated grounded (neutral) conductors shall be identified with a continuous white outer finish along its entire length. Neutral conductors #4 AWG or larger can be identified by a distinctive white marking (applied half-lapped with white FOR
electrical tape) for the last 12 inches at each end.
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Section 26 00 00: Site Electrical
3.06 Field Testing
A. Perform Insulation Resistance (IR) "Megger" Testing per NETA Standards.
Submit test results. Provide testing for:
1. All feeders 100 Amps and higher.
2. Branch circuits 100 Amps and higher.
B. Each ground rod shall be tested. A ground rod which does not have a resistance to ground of 25 ohms or less shall be augmented by one additional ground rod at no less than 8 feet from each other.
END OF SECTION
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Section 31 10 00: Clearing and Grubbing
SECTION 31 10 00
CLEARING AND GRUBBING
PART 1 - GENERAL
1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.
1.02 Description
A. Preserve and protect existing site amenities to remain, including, but not limited to, trees, shrubs, underground utilities and other improvements as shown on the Plans. Protection of work shall include affected improvements on adjoining properties.
B. Scope of work includes: site preparation, removal of debris, staging of equipment and materials and securing the site for construction.
1.03 Related Work
A. Section 31 20 00: Earthwork
B. Section 01 57 23: Storm Water Pollution Control
1.04 Protection/Replacement
A. Prior to demolition, erect protective fencing a minimum of one foot (1’) beyond the canopy of all trees to remain. The radius of the canopy shall be measured from the longest branch furthest from the trunk. Refer to the environmental document for additional requirements for protective fencing on other existing natural features. For work within or near protected trees, a tree permit may be required.
B. If public use is to be maintained on unaffected portions of the project site, the Contractor shall be responsible for directing pedestrian and vehicular traffic safely around the construction zone. Utilization of temporary fencing, barricades, signage, etc. shall be the responsibility of the Contractor. Safe detours shall be available to the general public at all times during the course of construction.
C. Protection of existing site improvements shown to remain, including, but not limited to, fencing, signs, benches, picnic tables, play structures, shade FOR
structures, drinking fountains, concrete paving, concrete wall and curbs,
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Section 31 10 00: Clearing and Grubbing
decomposed granite paving, asphalt concrete paving, recreational site improvements, etc. are to be protected and preserved.
D. The Contractor shall be responsible for any damage to and maintenance of all existing street improvements, drainage facilities and irrigation systems and to re-establish these improvements to their original condition as soon as possible after completion of the work in the area, to the complete satisfaction of the Project Manager and Inspector. Realignments or modifications to the existing facilities as shown on the plans are accepted.
E. Survey monuments and markers either shown on the Plans or encountered during the course of construction shall be protected and preserved. The Contractor shall notify the Inspector upon discovery of an unmarked monument, at which time, arrangements for the relocation or adjustment of the monument will be determined. All costs associated with the relocation or adjustment of these monuments shall be the Contractor’s responsibility.
F. Burning or burying removed material on-site is prohibited.
G. Where the removal of specific material creates an open hole, pit, trench or other depression, the Contractor shall immediately backfill and compact the areas consistent with requirements outlined in Section 31 20 00 of these Specifications.
H. All items identified in the Plans to remain or identified in the field to remain, removed in error by the Contractor, shall be repaired or replaced to match in equal or better construction, at no cost to the City. The quality of the repair or replacement shall be measured as that existing at contract award.
PART 2 - PRODUCTS
Intentionally left blank.
PART 3 - EXECUTION
3.01 Pre-Construction Site Review
A. Contractor shall review existing site conditions with the Inspector prior to start of construction and document any conditions which adversely affect the satisfactory execution of the work and final acceptance of the project.
B. Commencement of work constitutes acceptance of existing conditions. The Contractor shall, at his expense, be responsible for correcting all unsatisfactory and defective work.
3.02 Clearing
A. Completely remove trees, shrubs, stumps, vines, rubbish/debris, undergrowth, deadwood, structures, and other elements identified to be removed and/or which interfere with the construction as shown on the Plans and as specified.
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Section 31 10 00: Clearing and Grubbing
B. Obtain verification from the Project Manager for non-identified items scheduled to be removed prior to actual removal.
3.03 Grubbing
A. Remove all stumps, roots, grasses and weeds in its entirety. Apply systemic weed killer. Confirm weed kill prior to removal.
B. For projects with native soils, once surface material is removed, the Contractor shall stockpile the top twelve inches (12”) of topsoil for use during the final grading phase of work. This soil shall be free of rocks, debris, roots and other undesirable material.
3.04 Utilities
A. Contact USA North 811 at (800) 642-2444, or submit an online ticket at USANorth811.org, prior to commencement of any demolition or excavation work. Provide a minimum of 48 hours’ notice. Verify all utilities entering into and their locations within the project site.
B. Where utilities lie within the project site, but are not a part of the project, the Contractor shall cooperate with the agency or utility company having jurisdiction to maintain its use and the integrity of the structure.
C. Where utilities enter into the project site and taps, connections to or extensions of the utility are identified in the Plans, the Contractor shall coordinate all work with the agency or utility company having jurisdiction to minimize or eliminate disruption of use by the adjacent properties.
D. Verify that all utilities, shown to be removed on the Plans, are inactive and turned off prior to disconnection and/or re-routing, prior to demolition.
3.05 Debris Removal
A. All materials removed as a part of this contract shall become the property of the Contractor and shall be legally disposed of off-site, unless otherwise noted on the Plans.
B. Where a portion of a concrete slab, curb or wall and asphalt concrete paving or curb is to be removed, the concrete shall be cut with a concrete saw at a 90 degree angle so that the edge of the remaining concrete shall form a neat, straight line. Conform to the City of Roseville Design and Construction Standards, latest edition.
END OF SECTION
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Section 31 20 00: Earthwork
SECTION 31 20 00
EARTHWORK
PART 1 - GENERAL
1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.
C. The standards set forth in the Caltrans Standard Specifications, latest edition, shall be in addition to the standards provided herein.
D. The requirements set forth by CAL OSHA shall be in addition to the standards provided herein.
1.02 Description
A. Provide all labor, operations and materials necessary for earthwork, including, but not limited to, staking and surveying, grading; excavating; installation of facilities necessary to perform excavation and subsequent removal of such facilities upon completion of work; subgrade preparation; backfilling; and other incidental items necessary for a complete project.
B. This project is a Balanced Cut and Fill
C. The intent of the grading plan is to provide positive drainage and to maintain slopes on walkways as required by the Americans with Disabilities Act and California Title 24 throughout the project site. The Project Manager shall be notified immediately of any discrepancies between the Plans and actual field conditions and/or conflicts between the design and code requirements.
1.03 Related Work
A. Section 31 10 00: Clearing and Grubbing
B. Section 33 00 00: Utilities
C. Section 32 84 00: Irrigation System
D. Section 32 90 00: Planting
E. Section 26 00 00: Site Electrical
F. Section 01 57 23 Storm Water Pollution Control
1.04 Quality Assurance
A. All work shall conform to local codes and regulations, including standards set FOR
forth in the Standard Specifications of the State of California, Business and
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Section 31 20 00: Earthwork
Transportation Agency, Department of Transportation (Caltrans), Chapter 70 of the Uniform Building Code and ASTM.
B. Relative compaction shall be the in-place dry density of soil denoted as a percentage of the maximum dry density of the same material. This shall be as determined by ASTM 1557. The optimum moisture is measured by the water content which corresponds to the maximum dry density.
C. Upon discovery of unforeseen subsurface site conditions, the Contractor shall notify the Inspector immediately.
D. Upon discovery of hazardous materials, cease all activity and immediately contact the Fire Department.
1.05 Protection
A. Provide and install all supports, shoring, bracing, underpinning, sheet piling and other methods for the sides of excavations necessary for ensuring safe working conditions for the workmen and to protect adjacent improvements to remain.
B. Provide any and all protection measures necessary to ensure the protection of the workmen, the general public, including children and the project site. These protection requirements remain the Contractor’s sole responsibility throughout the duration of the project, including non-working hours.
C. Do not obstruct vehicular, bicycle or pedestrian thoroughfares, unless previously accepted by the City. Provide safe and adequate detours around the construction as required by City and State regulations.
D. Trenches shall be covered at all times when work directly associated with the trenches is not occurring, including non-work hours.
E. During the course of construction, the Contractor shall ensure surface drainage does not create a nuisance onto adjacent properties.
1.06 Erosion Control Measures
A. Construction sites shall have required erosion and sediment control measures in place as required by the SWPPP. If construction is in progress, the Contractor shall ensure the construction site is prepared prior to the onset of any storm. At a minimum, erosion control measures shall include:
1. Broadcast seed
2. Drainage area protection
3. Dust/mud control
4. Drain inlet filters
5. Silt fence and straw wattles
6. Slope protection
7. Straw bales
FOR
8. Silt controlling devices
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Section 31 20 00: Earthwork
PART 2 - PRODUCTS
2.01 Base Rock
A. Class 2 aggregate base per Caltrans Standard Specifications, latest edition.
2.02 Drain Rock
A. Drain rock shall be Class 2 permeable, washed, unbroken stone or gravel.
Material gradation shall conform to the following:
Sieve Size Percent Passing
1 inch 100
No. 4 20-50
No. 50 0-10
No. 200 0-5
2.03 Pea Gravel
A. Pea gravel shall be natural stone, free of clay, shale or organic matter, and shall conform to the following:
Sieve Size Percent Passing
3/8 inch 100
No. 4 47
No. 8 2
No. 16 1
2.04 Fill
A. Structural Fill shall conform to Caltrans Standard Specifications or the accepted site-specific geotechnical report generated for the project.
B. Fill for non-structural areas shall conform to the following standards:
1. Plasticity: ASTM D4318-84
2. Expansion Index: No greater than twenty (20)
3. Testing: UBC 29-9 and ASTM D422-72
4. Particle Size: No greater than one inch (1”)
2.05 Topsoil
A. The top eight to ten inches (8” – 10”) of native soil containing more than three percent (3%) organic material. Topsoil shall be free of rocks no larger than one inch (1”) in diameter, free from subsoil, roots, heavy or stiff clay, course sand, destructive seeds, noxious chemicals, brush, debris, litter and other undesirable materials.
B. For any import soil to be used in turf/planting areas, submit a soils analysis with soil amendment recommendations (for plant growth) for review and acceptance prior to placement on-site. Soils test information shall be as outlined in Section FOR
32 90 00: Planting – 1.06.
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Section 31 20 00: Earthwork
2.06 Soil Sterilant
A. Sterilizer shall be standard, quick-acting, short-lived and non-selective weed and grass killer, commonly used under roadway/transportation projects.
Application of the sterilant shall pose no short or long term health threats to the installer or the general public. Submit analysis for approval prior to applying.
2.07 Sand
A. Granular, fine, free of organic matter, mica, loam or clay material.
PART 3 - EXECUTION
3.01 Construction Staking
A. The layout of all work shall be performed by a California State licensed land surveyor provided by the Contractor.
B. Notify the Inspector immediately of any discrepancies between actual field conditions and the Plans. Minor field adjustments may be necessary in order to fulfill the intent of the Plans.
C. Non-notification of discrepancies between actual field conditions and the Plans by the Contractor, in writing, shall indicate his acceptance of such field conditions. Adjustments/modifications to the construction to accommodate the inconsistencies (without notification) shall be at no additional cost to the City.
3.02 Excavation
A. All excavations shall be as noted on the Plans. Excavations shall include accommodation of base material.
B. Do not over-excavate. Excavations shall provide appropriate space to install shoring, bracing, formwork, etc., as needed to ensure the safe and proper construction of the work.
C. Take every precaution to prevent water from entering, softening, and undercutting excavated areas, including, pits, footings, trenches, etc.
D. Notify the Inspector immediately upon discovery of unsatisfactory soils materials or unforeseen site conditions. Excavation shall include the complete removal of the unsatisfactory material and its legal disposal thereof.
3.03 Site Grading
A. A grading permit is required to be obtained by the Contractor prior to commencing any earthwork.
B. Grading shall include adjacent transition areas, new elevations/contours as shown on the Plans. All subgrade areas shall be graded parallel to the finish grades and contours and shall be uniform in slope. Transition areas shall provide a smooth connection between new and existing grades and shall not create additional drainage or ponding onto adjoining properties.
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Section 31 20 00: Earthwork
C. Surface grades shall provide for positive drainage away from structures and footings, and shall be uniformly smooth throughout.
D. Rough grading shall:
1. Be graded to a tolerance of 0.10 feet, plus or minus for planted and turf areas.
2. Be graded with a tolerance less than .04’ from specified grade and cross section for subgrade in which pavement, curbs and other structural elements are to be placed immediately above.
3. Provide a subgrade surface free of exposed rocks, stones and boulders.
4. Provide a subgrade surface free of depressions, pits, etc., with proper backfill and compaction. See paragraph 3.04 below.
3.04 Placement of Fill Material
A. Prior to placement of fill material, the Contractor shall:
1. Obtain approval of the subgrade surface from the Inspector.
2. Scarify, dry and compact soft and/or wet areas.
3. Remove and replace unsuitable subgrade material to the satisfaction of the Inspector.
4. Take all necessary corrective action.
B. Do not use topsoil as fill or backfill material, unless otherwise accepted in writing.
C. Fill shall be placed in the following manner:
1. Accepted engineered fill material for structural slabs and areas to be paved shall be placed in six-inch (6”) loose thickness, uniform layers over the entire area.
2. Fill material in planted areas shall be placed in twenty-four inch (24”) maximum loose thickness throughout the areas to receive fill.
D. Aerate or water each lift to obtain the required compaction rate indicated on the Plans. Thoroughly mix material to ensure proper moisture content for compaction. Repeat the operations until grades, as shown on the Plans, are obtained. Jetting of trenches shall be reviewed and accepted by the Inspector prior to performance of work.
E. Do not place fill when the subgrade is frozen, muddy or wet. Allow conditions to thaw and dry out before resuming operations.
F. Use hand tampers or vibrating compactors around foundations walls, retaining walls and other structural elements. Do not use large equipment in these areas and do not begin compaction operations until the bearing surfaces have reached its design strength.
G. Fill around existing trees to remain shall not exceed twelve inches (12”).
1. Minor fill (6” or less) shall utilize topsoil and shall be placed by hand. Do not cover crown of trunk. Feather grades to the extent possible.
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Section 31 20 00: Earthwork
2. Fills between 6” and 12” shall utilize 3/4” pea gravel on grade, placed up to three inches (3”) below finish grade. Apply topsoil, by hand, to meet finish grade elevations. Feather grades to the extent possible.
H. Construct mounds from on-site material. The core of the mound (1’ below finish elevations) shall be compacted to 90%. The top twelve inches (12”) shall be compacted to 85%. Place topsoil in the top twelve inches (12”).
I. Place topsoil in all turf and planting areas a minimum of twelve (12) inches deep.
See Section 31 10 00, 3.03-B: Clearing and Grubbing.
3.05 Trenching, Backfilling and Compacting
A. For trenches greater than five feet (5’) in depth, submit an OSHA permit related to the work.
B. All trenches shall be straight, true and cut vertical at 90 degrees to the surface plane.
C. For trenches through existing paved surfaces, use a concrete saw or other tool to achieve straight, clean lines. Replace paved surface to the same or better condition as existing prior to cut.
D. Do not over-excavate. Maintain bearing surfaces true, level and undisturbed to the extent possible.
E. Trenches shall be kept dry and frost-free. Do not allow standing water to collect.
F. Do not allow trenches to remain exposed at any time when work directly related is not occurring. Cover all trenches during non-work hours.
G. Bedding for all trenches to receive pipes shall be as follows:
1. Bedding material shall be consistent with the City of Roseville Design and Construction Standards, latest edition.
2. Pipe shall lie completely on bedding. Pipe fittings or joints shall not bear weight.
3. Bedding shall be uniform throughout the length of pipe.
H. Initial backfill for storm drains, sewer lines and electrical conduit shall conform to the applicable City standard set forth by the Department having jurisdiction.
I. Backfill beyond the initial operations shall be native soil, placed in twelve-inch (12”) lifts. Compaction for trenched areas shall be 95% for parking lot, driveway and roadway areas; 90% for hardscape (i.e. walkways, picnic pads basketball and tennis courts); and 85% in areas to be planted. Place topsoil over trenches in planted areas. Upon completion, all trenches shall be filled flush with adjacent finish grades.
J. Compaction tests shall be required for trenched areas, hardscape areas and areas where fill over two feet in depth will be placed. The Inspector shall determine the number of tests and the locations. Re-tests shall be the FOR
Contractor’s responsibility.
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Section 31 20 00: Earthwork
K. Potholing shall be required in areas where existing utilities are indicated. Hand digging may be required.
3.06 Soil Sterilant
A. Soil sterilant shall be applied to areas where paving is to be installed. The worker applying the sterilant shall take every precaution to avoid overspray of sterilant onto areas to be planted. The sterilant shall be placed no further than six inches (6”) beyond the edge of pavement.
B. Soil sterilant shall not be applied in inclement weather and windy days.
3.07 Drainage Areas
A. All bare areas, regardless of slope, within 50 feet of natural drainages shall be covered with straw and pressed in place.
B. No grading or trenching, except as required for erosion or sediment control, shall occur within 35 feet from the centerline of perennial and intermittent drainage swales between October 5 and April 1 unless approved by the Engineering Division, as well as any other governmental agency which may have additional jurisdiction and/or requirements.
3.08 Dust/Mud Control
A. Adjacent Streets: Adjacent street frontages shall be swept at least once a day to remove silt and other dirt which is evident from construction activities.
B. Construction Vehicles: The Contractor is responsible for cleaning construction vehicles leaving the site on a daily basis to prevent dust, silt, mud and dirt from being released or tracked offsite. Adjacent streets shall be swept clean daily.
C. Grading Spoils: Dry stockpiles of soil shall be watered to prevent the generation of airborne dust. Trucks transporting dry soil shall be covered with tarpaulins.
D. Water: Water shall be sprayed on all exposed earth surfaces during clearing, grading, earth moving and other site preparation activities. The exposed earth shall be watered throughout the day to minimize dust. The Contractor shall obtain a hydrant permit from the Environmental Utilities Department.
E. Wind Allowances: Grading activities shall be restricted or halted when winds exceed 15 miles per hour as deemed necessary by the Public Works Inspector.
END OF SECTION
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Section 32 12 16: Asphalt Concrete Paving
SECTION 32 12 16
ASPHALT CONCRETE PAVING
PART 1 - GENERAL
1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.
C. The standards set forth in the City of Roseville Design and Construction Standards and the City of Roseville Parks Construction Standards, latest editions, shall be in addition to the standards provided herein.
D. The standards set forth in the State of California, Title 24, Americans with Disabilities Act, latest edition, shall be in addition to the standards provided herein.
1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of asphalt concrete paving, including international disabled signs as shown in the City Standard, as shown on the Plans and as specified herein.
1.03 References
A. Caltrans Standard Specifications for asphaltic concrete, latest edition.
1.04 Tolerances
A. All surface areas shall drain. Ponding, puddling or birdbaths are not acceptable.
B. Surface grades shall conform to the following:
Description shall not exceed, ... from indicated
line, grade or thickness
Base Course 0.1 foot +/-
Finish Surface 0.05 foot +/-
Thickness of finished
pavement
0.01 foot less
C. Flatness: maximum variance of 1/8” as measured with a ten (10) foot straight edge.
1.05 Testing
A. Testing shall occur during the installation of pavement. The number and FOR
frequency of tests shall be as determined by the Inspector.
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Section 32 12 16: Asphalt Concrete Paving
PART 2 - PRODUCTS
2.01 Aggregate Base
A. Conform to Caltrans Standard Specification, Section 26 paragraph 1.02B, Class 2.
2.02 Asphalt Concrete
A. Conform to Caltrans Standard Specification, Section 39 and the City of Roseville Design and Construction Standards, latest edition.
2.03 Soil Sterilant
A. Sterilizer shall be standard, quick-acting, short-lived and non-selective weed and grass killer, commonly used under roadway/transportation projects.
Application of the sterilant shall pose no short or long term health threats to the installer or the general public. Submit analysis for approval prior to applying.
2.04 Striping
A. Traffic marker paint, in accordance with Caltrans Standard Specifications, Section 83-3.02.
B. Thermoplastic marking tape in accordance with Caltrans Standard Specifications, Section 84-2.02. (Required for bike trails)
2.05 Header
A. Per City of Roseville Parks Construction Standards, latest edition.
2.06 Accessible Parking Signs
A. Signs for parking stalls shall conform to the California Manual on Uniform Traffic Control Devices (CMUTCD), the Standard Highway Signs manual with the Caltrans California Sign Specifications.
B. Notification sign: Notification sign shall read: “Unauthorized vehicles parked in designated handicapped spaces not displaying distinguishing placards or license plates issued for physically disabled persons may be towed at owner’s expense. Towed vehicles may be reclaimed at Roseville PD, 1051 Junction Blvd or by telephoning (916) 774-5000. CVC 22511.8”.
C. Sign posts: shall conform to Section 56 Signs in the City of Roseville Design and Construction Standards.
PART 3 - EXECUTION
3.01 Preparation
A. Upon completion of grading operations, compact the subgrade at the required elevation to a relative compaction density of 95%, unless otherwise noted on
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Section 32 12 16: Asphalt Concrete Paving
the Plans. A load or performance test shall be conducted in the presence of the Inspector prior to the placement of AC.
B. Apply soil sterilant per manufacturer’s directions. Limit the work zone of the sterilant application to the area to receive paving plus three feet (3’) on each side.
C. Completely install redwood header as shown in the City of Roseville Parks Construction Standards, latest edition, if shown on the Plans.
D. No material shall be placed in muddy conditions, nor shall any material be placed during or immediately after inclement weather, i.e. rain storms, temperatures below 35 degrees F, etc.
E. In areas where soil conditions are less than optimal, geotechnical tests shall be performed to verify compaction rates. The Inspector shall determine the number of tests necessary in order to verify conditions. Initial tests will be provided by the City. Re-tests shall be the Contractor’s responsibility.
3.02 Installation
A. Spread aggregate base material in six-inch (6”) lifts.
B. Compact base surface to a relative compaction of 95% and in accordance to the Caltrans Standard Specifications, Section 26.
C. Spread asphalt concrete material in accordance to the Caltrans Standard Specifications, Section 39.
D. Upon completion, apply water to the finished surface and allow water to runoff. All areas of ponding, puddling or birdbaths shall be filled with asphalt and fine aggregate. Conform fill surface with adjacent surface to the point edges are not visible.
E. Take every precaution to protect adjacent amenities or structures from material spillage or damage. In case of spillage or damage, the Contractor shall immediately repair or replace the damaged area to the satisfaction of the City.
F. Clean and oil all manhole covers, grates and other surface structures within the pavement area.
G. Clean all surface structures that lie within the asphalt concrete area.
3.03 Striping
A. Conform to the City of Roseville Design and Construction Standards, latest edition.
B. Ensure that all pavement to receive striping is completely cured. Clean all pavement surfaces.
C. Accurately lay out all pavement markings, including, parking stripes, centerline stripes, international disabled parking logo, striping for disabled access ramp, directional arrows, game court lines and other pavement markings as shown on the Plans or as required by code.
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Section 32 12 16: Asphalt Concrete Paving
D. All pavement lines, striping and lettering shall be four inches (4”) in width, unless otherwise indicated on the Plans.
E. Lines painted with traffic paint shall receive two coats of paint. Allow each coat to dry completely prior to applying the second coat.
F. Apply all pavement markings on clean, dry surfaces, during weather conditions where temperatures are higher than 35 degrees F, no rain is occurring or predicted within the next twenty-four (24) hours, and the humidity is less than
80. G. Remove all excess adhesives and tracking onto unmarked areas.
H. All pavement striping applications shall conform to Caltrans Standard Specifications, Sections 84 and 85.
3.04 Accessible Parking Signs (For parking lots only)
A. Verify language on the signs meets with current laws and regulations prior to installation. Immediately notify project manager of discrepancies.
B. For signs at parking stalls: install one per space designated for disabled parking.
Locate sign as shown on the Plans. Verify location in the field prior to installation. Sign bottom shall be set at seven feet (7’) above finished grade.
C. For notification signs: install one per driveway entrance. Verify location in the field prior to installation. Sign bottom shall be set at two feet (2’) above finished grade unless otherwise directed.
D. Sign post installation shall conform to TS-17A of the City of Roseville Development Services Design and Construction Standards.
3.05 Protection and Cleaning
A. Do not allow equipment or vehicles to park on new asphalt surfaces upon completion operations. At his discretion, the Contractor may allow the parking of equipment and vehicles on the asphalt concrete AFTER the asphalt concrete material has been laid, passing applicable compaction tests and PRIOR TO applications of striping.
END OF SECTION
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July 17 2025
Section 32 84 00: Irrigation System
SECTION 32 84 00
IRRIGATION SYSTEM
PART 1 - GENERAL
1.01 General Requirements
A. The requirements set forth in the General Conditions shall be in addition to the standards provided herein.
B. The requirements set forth in the Supplemental Conditions shall be in addition to the standards provided herein.
1.02 Description
A. Furnish all labor, materials and equipment for the complete installation of an automated irrigation system, including all necessary appurtenances for proper operation, noted or implied, as shown on the Plans and as specified herein.
B. Water usage, meter costs, connection fees, testing and other associated utility costs are considered direct costs and is the responsibility of the Contractor until the project is accepted.
C. Use existing water meters and POCs as shown on Plans.
1.03 Related Work
A. Section 32 90 00: Planting
B. Section 26 00 00: Site Electrical
1.04 Quality Assurance
A. All work shall comply with local and state laws, codes, regulations and requirements which govern any portion or all of the work contained in this Section. These include, but are not limited to, the latest editions of:
1. City of Roseville Park Construction Standards,
2. City of Roseville Design and Construction Standards,
3. City of Roseville Electric Department Standard Specifications,
4. Local, state and federal electrical codes, manuals and guidelines, and
5. Local, state and federal plumbing codes, manuals and guidelines.
1.05 Submittals
A. Submittals for specified items are not required for Parks or Streetscape projects, unless specifically listed below. However, submittals are required for any proposed substitutions or deviations from the parks Plans or Specifications. For Streetscapes, no substitutions will be accepted. The Contractor shall submit a materials summary sheet indicating which items will be installed as specified
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Section 32 84 00: Irrigation System
and which items are proposed for substitutions. The Contractor shall submit proof of order within ten (10) working days of the Notice to Proceed, indicating all specified materials have been ordered, noting “as specified” or “substitution proposed”. Submittals are required on the following items:
1. Controller, Flow Sensor(s), and Master Valve(s).
2. Piping
3. All Irrigation Components and Accessories
1.06 Explanation of Drawings
A. The drawings are diagrammatic and do not reflect all offsets, fittings and other miscellaneous items required for a complete and operable irrigation system. It shall be the Contractor’s responsibility to investigate all existing site conditions, become thoroughly familiar with the site, and provide all labor, materials and equipment required for the installation of the irrigation system.
B. Avoid conflicts between other trades and the installation of the irrigation system.
Minor adjustments to avoid such conflicts shall be made in the field. Major discrepancies between actual field conditions and the Plans shall be brought to the attention of the Project Manager. The lack of notification shall indicate the Contractor assumes full responsibility for any revision deemed necessary to ensure proper installation.
1.07 Product Delivery, Handling and Storage
A. All materials shall be delivered bearing manufacturer’s label with size, type and model number (if applicable) clearly marked.
B. All pipe shall be delivered in a vehicle which allows the material to lie flat without concentrated weight or stress at any point.
C. Unload all materials with care so as to avoid damage. Store materials in a covered area and do not expose PVC pipe to extreme sun or heat. Store pipe lying flat.
D. Do not install any material that has been damaged. Replace all material found to be damaged.
1.08 Record Drawings
A. The Contractor shall keep an accurate record of the as-built conditions of the irrigation system. These records shall be updated daily and kept at the construction site. At any time, the Inspector may examine the conditions of the “as-builts” to ensure compliance of the above.
B. Dimensions shall be recorded from two (2) permanent points of reference.
C. The City may at its discretion withhold progress payments to the Contractor if FOR
the as-built records are not updated to the satisfaction of the City.
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Section 32 84 00: Irrigation System
PART 2 - PRODUCTS
2.01 General
A. All materials specified shall be new, bearing the brand name, type, serial numbers and model number as shown on the Plans and as specified herein, unless otherwise accepted in writing.
2.02 Backfill Material
A. Backfill shall be clean, screened, on-site material, free from organic material, large clods of earth and/or rock larger than one (1) inch in diameter, trash, debris, rubbish, tree trunks, broken concrete or asphalt and other unacceptable material.
B. Material larger than one (1) inch shall be removed from site and legally disposed. All removal shall be the responsibility of the Contractor.
2.03 Meter
A. Meter shall be as shown on the Plans and as required by the City of Roseville Environmental Utilities Department.
2.04 Backflow Prevention Device
A. Backflow Prevention Device shall be as shown on the Plans.
B. Cover shall be insulated, freeze-proof, removable and lockable, manufacturer and model per the City of Roseville Design and Construction Standards or accepted equal.
2.05 Filter (Recycled Water Only)
A. Amiad Filtration Systems, filter with scanaway semi-automatic assembly and 130 micron filter screen
1. For 2”, Plastic Super-T Semi-Automatic Filter.
2. For 3” and above, Steel In-line Semi-Automatic Filter.
3. Include Scanaway 130 micron filter element.
4. Match line size of recycled water meter, down to 2” minimum.
5. Include lockable protective frost cover blanket.
2.06 Flow Sensor and Master Valve
A. Calsense Controllers:
1. Calsense CS3-2W-S GR Bundle-2. CALSENSE CS3000 2-Wire Controller within a Stainless Steel Pedestal Enclosure
B.
1. Flow sensor shall be a Calsense Ultrasonic Flow Meter (FM-2U), or FOR
accepted equal. Flow sensor shall be accurate to +/- 2% of full scale. Flow
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Section 32 84 00: Irrigation System
sensor body shall be constructed of Schedule 80 PVC for sizes up to 4”, and saddle taps for sizes 6” and above.
2. Master valve(s) shall be Superior, 3300 series, normally open, electric globe valve, constructed of brass with dirty water protection and No Minimum Flow feature. For recycled water systems, include -RW Recycled Water designation with purple handle for identification.
3. Flow meters to be constructed consistent with the Calsense specifications.
4. Valve boxes for master valve and flow sensor shall be 18” (jumbo) green rectangular rigid plastic valve boxes with lockable lids and extensions by Carson Industries, LLC or accepted equal. Valve box lid shall be colored green in potable water system applications and purple for recycled water system applications.
C. PVC Pressurized Mainline
1. For lines three inch (3”) or larger: polyvinyl chloride (PVC) 1120-1220, SDR 21, Class 200 rubber gasketed pipe, and NSF accepted per Standard No. 14, Type I, Grade I. Conform to:
Material ASTM
Pipe D1784, D2241
Rubber Gasket F477
2. For lines two and one half inches (2-1/2”) or smaller: Schedule 40 polyvinyl chloride (PVC) 1120-1220, and NSF accepted per Standard No. 14, Type I, Grade I. Conform to:
Material ASTM
Pipe D1784, D1785
D. PVC Non-Pressurized Lateral Lines
1. Schedule 40 polyvinyl chloride (PVC) 1120-1220, SDR 21.0, NSF accepted per Standard No. 14, Type 1, Grade II.
2.07 Fittings and Nipples
A. Fittings for Mainline Pipe:
1. For all control valves on mainlines three inches (3”) and larger, use painted, ductile iron saddle taps with double stainless steel straps and nuts. Model #202 by Romac Industries, Inc. or accepted equal.
2. For all other connections on mainlines three inches (3”) and larger mainline pipe, use glued schedule 80 fittings.
3. For all control valves on mainlines two and one half inches (2-1/2”) or smaller, use glued schedule 80 fittings.
4. For all other connections on mainlines two and one half inches (2-1/2”) or smaller, use glued schedule 40 fittings. FOR
B. Fittings for Solvent Weld Pipe- Laterals:
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Section 32 84 00: Irrigation System
1. Schedule 40 polyvinyl chloride (PVC), standard weight, conforming to ASTM D2466-73.
2. Weld-on #P-70 primer and Weld-on #711 gray glue or accepted equal.
3. Teflon tape for all threaded PVC fittings.
C. Plastic Nipples shall be Schedule 80, Type 1, Grade 1, polyvinyl chloride (PVC), threaded at both ends, and conforming to ASTM D1784 -85. Nipples shall be uniformly gray.
D. Fittings for Recycled Pipe:
1. Fittings shall meet the standards outlined in Sections 2.09, A, B and C above, unless otherwise noted in the City of Roseville Design and Construction Standards for recycled water, latest edition.
2.08 Swing Joints
A. Swings joints shall be as shown in the City Parks Construction Standard detail.
Schedule 40 threaded PVC triple swing joints or an accepted equal.
2.09 Electric Remote Control Valve
A. Sizes as shown on the Plans. All valves shall be Rainbird PEB series or accepted equal and shall contain the following:
1. a globe-type electric remote control, normally closed diaphragm type with slow opening and closing action,
2. encapsulated solenoid type actuation,
3. a minimum rating of twenty-four (24) volts,
4. sixty (60) cycle,
5. two to five (2-5) watts,
6. a manual flow adjustment with shut-off provisions,
7. provisions for an external “bleed” of the diaphragm chamber for manual operation.
8. a ball valve on the inlet.
9. Schedule 80 PVC threaded fittings from main line to valve.
B. Valve boxes shall be rectangular, rigid plastic valve boxes with lockable lids and extensions by Carson Industries, LLC or accepted equal. Valve box shall be sized appropriately to house entire valve assembly with space to accommodate maintenance access. Valves for drip zones require Jumbo size boxes.
1. Boxes shall be colored green in potable applications, and purple for recycled water applications.
2. Valve boxes used on recycled water systems shall be permanently colored purple through the manufacturer. Boxes painted purple will be rejected.
FOR
3. Label lids using heat branded identification, T:Turf, S:Shrubs, B:Bubblers
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Section 32 84 00: Irrigation System
C. Controller station identification number shall be standard yellow tags with permanent numbers by Christy or accepted equal.
2.10 Root Watering System
A. Provide pre-manufactured root watering system.
1. Pressure compensating bubbler. See irrigation sheets for flow rates.
2. Check valve where applicable to prevent low head drainage.
3. Swing joint assembly
4. Locking grate top on semi-rigid mesh tube. Use purple grate for Recycled water systems
5. Filter fabric sleeve
2.11 Irrigation Heads
A. All irrigation heads shall conform to type, size, precipitation rate, gallons per minute discharge, pressure and throw radius as shown on the Plans, unless otherwise accepted in writing.
B. In all available models, all irrigation heads shall have stainless steel risers, unless otherwise approved in writing.
C. For recycled water applications, irrigation heads shall be colored purple, have debris pocket, and wiper seals with 3 touch points.
D. Irrigation heads shall have built-in pressure regulation for pop up sprays and/or water-efficient heads.
E. Include built-in check valve where applicable to prevent low head drainage.
2.12 Drip Irrigation
A. Sub-surface dripline.
1. Flexible polyethylene tubing shall have factory-installed pressurecompensating, inline emitters spaced evenly per listed spacing.
2. Emitter shall incorporate elemental or ionic copper root intrusion prevention technology, and shall be warranted by the manufacturer to be free of emitter plugging due to root intrusion for a period of fifteen (15) years minimum.
3. Emitter shall have a built-in check valve that will hold back, at minimum, an
8.5' column of water.
4. Dripline for use with recycled water systems shall be properly and permanently marked for non-potable use.
5. Acceptable products include Rainbird XFS-CV Series or Netafim Techline HCVXR Series, or approved equal.
B. All fittings shall be constructed of injection molded, brown plastic having a nominal outside dimension of 17mm (0.56”). Female and male threaded ends shall be capable of mating to standard PVC pipe with tapered threads.
C. Line flushing valve
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