Roseville Electric Building,
116 S. Grant Street, 1st Floor
roseville.ca.us
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AGENDA
City Council / Housing Authority Meeting
March 18, 2026
6:00 PM
Roseville Electric Building,
116 S. Grant Street, 1st Floor
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. MEETING PROCEDURES
V. PUBLIC COMMENTS
This is the first opportunity to make a public comment on non-agenda items.
VI. CONSENT CALENDAR
1. Pleasant Grove Boulevard Widening Project - Notice of Completion (PUBLIC WORKS
DEPARTMENT - ENGINEERING - CITY PROJECTS)
Summary: Staff recommends approval of the Notice of Completion for the Pleasant Grove Boulevard Widening Project. The project included the widening of Pleasant Grove Boulevard into the median from Foothills Boulevard to Woodcreek Oaks Boulevard; resurfacing of the adjacent existing traffic lane with an overlay; and a water lateral from the future Environmental Utilities Well Site to the water main under Pleasant Grove. The project was completed by DeSilva Gates Construction. The final accounting of construction costs is ongoing and is currently estimated at approximately $10.1 million. This is within the approved project budget and no additional resources are required. The project was funded by Traffic Mitigation Fee funds, the Highway User Tax Fund, the Road Maintenance and Rehab Fund, Environmental Utilities funds, and the Electric Fund. No General Fund resources were used for the project.
CONTACT: Nick Bumb 916-746-1313 [email protected]
The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-057 accepting the Public Work known as the Pleasant Grove
Boulevard Widening Project, approving the "Notice of Completion", and authorizing the Public Works Director to execute said Notice on behalf of the City of Roseville.
2. Westbrook Boulevard Signal Installation Project - Approval of Plans and Specifications and Authorization to Call for Bids (PUBLIC WORKS DEPARTMENT - ENGINEERING - CITY PROJECTS) Summary: Staff recommends approval of the plans and specifications for the Westbrook Boulevard Signal Installation Project and authorize staff to call for bids. The scope of this project includes the signalization of five (5) intersections along Westbrook Boulevard. The traffic signals are located at the intersections of Solaire Drive, Earl Rush Drive, Nicole Gee Drive, Vista Grande Boulevard, and Sierra Garden Boulevard at Westbrook Boulevard. Construction is estimated to cost approximately $2,160,000 and is planned for summer to fall 2026. This project is funded through the Traffic Mitigation Fund. No General Fund resources will be used on this project.
CONTACT: Brian Gulewich 916-746-1376 [email protected] The City Council will consider the recommendation to:
a. Approve the plans and specifications for the Westbrook Boulevard Signal Installation Project and authorize staff to call for bids.
3. Fiscal Year 2024-25 Transporation Development Act Claim Revision (PUBLIC WORKS
DEPARTMENT - TRANSPORTATION)
Summary: Staff recommends approval of the revised Fiscal Year 2024-25 Transportation Development Act claim in the amount of $12,563,878 for the City’s transit and transportation funding. This claim revision will true-up the amounts claimed with the Transit and Transportation funding earned in FY2024-25. Included in this claim is a payment of $59,547 to Placer County Transportation Planning Agency for Roseville’s share of the Countywide Zero Emmission Vehicle Infrastructure Plan grant match.
CONTACT: Kimberly Goulet 916-746-1320 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-059 approving and authorizing execution of the 2024/25 Transportation Development Act claims revision to the Placer County Transportation Planning Agency; and
b. Approve payment of FY2024-25 Local Transportation Fund funds to Placer County Transportation Planning Agency in the amount of $59,547 for the Placer County Transportation Planning Agency Countywide Zero Emmission Vehicle Infrastructure Plan grant match.
4. Fleet Truck and Equipment Purchases – Purchase Orders and Budget Adjustment (ENVIRONMENTAL UTILITIES DEPARTMENT - WASTEWATER)
Summary: Staff recommends approval of a purchase order to Rush Medium-Duty Truck Centers of California, Inc. dba Rush Truck Center, Ceres for one (1) Ford F450 truck with a service body and liftgate utilizing Sourcewell contract # 032824-RTG in the amount of $133,057; and a
purchase order to Holt of California Inc. for one (1) CAT Excavator 305 and attachments utilizing Sourcewell contract # 020223-CAT in the amount of $29,513. Staff also recommends approval of a budget adjustment of $163,024 from available resources in the Wastewater Operations Fund for payment to the Fleet Replacement Fund. In addition to the existing $26,976 in the Fleet Replacement Fund, this adjustment establishes a budget of $150,000 to purchase the Ford F450 truck, service body and liftgate through the Fleet Replacement Fund. The additional $40,000 adjustment establishes a budget to fund the trade-in and replacement of a CAT Excavator 304 with a CAT Excavator 305 to meet the Wastewater utility's needs. The net impact of this purchase is a reduction of $26,976 in the Fleet Replacement Fund.
CONTACT: Loni Randolph, Tracie Mueller 916-746-1898, 916-774-5688 [email protected], [email protected]
The City Council will consider the recommendation to:
a. Approve a purchase order to Rush Medium-Duty Truck Centers of California, Inc. dba Rush Truck Center;
b. Approve a purchase order to Holt of California Inc.; and c. Adopt Ordinance No. 7050 authorizing certain amendments to the fiscal year 2025-26 budget and declaring this ordinance to be immediately effective as an appropriation measure.
5. Sewer Lift Station 19 Condition Assessment - Capital Improvement Project Approval and Budget Adjustment (ENVIRONMENTAL UTILITIES DEPARTMENT - WASTEWATER) Summary: Staff recommends approval of the creation of a new Enhanced Compliance Action Capital Improvement Project called the Sewer Lift Station 19 Force Main Condition Assessment Project. Staff also recommends approval of a budget adjustment in the amount of $406,790 associated with the new project, which will be funded by the available resources in the Wastewater Rehabilitation Fund.
CONTACT: Tracie Mueller 916-774-5688 [email protected] The City Council will consider the recommendation to:
a. Authorize the establishment of a new Capital Improvement Project, the Sewer Lift Station 19 Force Main Condition Assessment Project; and
b. Adopt Ordinance No. 7051 authorizing certain amendments to the fiscal year 2025-26 budget and declaring this ordinance to be immediately effective as an appropriation measure.
6. 2025 Housing Element and General Plan Annual Progress Reports (ECONOMIC DEVELOPMENT
DEPARTMENT - HOUSING)
Summary: Staff recommends approval of an informational report on the annual status of the Housing Element and General Plan implementation progress reports, as required by the State of
California. The staff cost to develop the progress reports was included in the FY2025-26 adopted budget. There is no impact to the City's General Fund.
CONTACT: Trisha Isom, Lauren Hocker 916-746-1239, 916-774-5272 [email protected], [email protected]
The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-056 approving the 2025 Housing Element Annual Progress Report and approving the 2025 General Plan Annual Progress Report.
7. HOUSING AUTHORITY/CITY COUNCIL - Quarterly Status Update 4th Quarter 2025 (ECONOMIC
DEVELOPMENT DEPARTMENT - HOUSING)
Summary: Staff recommends City Council, acting as the Roseville Housing Authority Board, receive a quarterly status report on the Housing Authority’s Housing Choice Voucher Program.
This report is for informational purposes only and has no impact on the City's General Fund.
CONTACT: Suzi Cook-Turner, Trisha Isom 916-774-5414, 916-746-1239 smcook[email protected], [email protected] The City Council will consider the recommendation to:
a. Receive a quarterly status report on the Housing Authority’s Housing Choice Voucher Program.
8. FD-50 Park Project - Approve Plans and Specifications and Authorize Staff to Call for Bids (PARKS, RECREATION, AND LIBRARIES DEPARTMENT - PARK DEVELOPMENT) Summary: Staff recommends approval of plans and specifications for the FD-50 Park Project and authorize staff to call for bids. The project scope includes a playground, shaded picnic area, paved walking paths, multi-use grass turf area, plantings and irrigation. The project is estimated to cost $580,000 for the base bid, and will be funded by the Sierra Vista Neighborhood Park Fund.
CONTACT: Josh Cervantes 916-746-1233 [email protected] The City Council will consider the recommendation to:
A. Approve the plans and specifications for the FD-50 Park Project and authorize staff to call for bids.
9. Maidu Community Center Storage Project – New Capital Improvement Project and Budget Adjustment (PARKS, RECREATION, AND LIBRARIES DEPARTMENT - RECREATION) Summary: Staff recommends approval of a budget adjustment in the amount of $110,000 for the establishment of a new capital project, Maidu Community Center Storage, for the design, permitting, and construction of new storage space at the Maidu Community Center. Funding is provided by the Parks and Recreation Fee Funded Projects Fund.
CONTACT: Rob Nakamura 916-774-5135 [email protected] The City Council will consider the recommendation to:
a. Approval of a New Capital Improvement Project; and
b. Adopt Ordinance No. 7049 authorizing certain amendments to the fiscal year 2025-26 budget and declaring this ordinance to be immediately effective as an appropriation measure.
10. Email Security System - Contract Purchase Agreement Amendment (INFORMATION
TECHNOLOGY DEPARTMENT - INFRASTRUCTURE SOLUTIONS)
Summary: Staff recommends approval of an amendment to the existing contract purchase agreement with Six Degrees Inc. dba Six Degrees Consulting to provide Check Point advanced email and collaboration security subscription and premium support. The contract amendment will increase the cost of the contract by $4,568.74, to a total of $79,506.08, to add Domainbased Message Authentication, Reporting, and Conformance management functionality.
Funding is included in the Information Technology's FY2025-26 Operations Fund budget.
CONTACT: Cesar Gamez 916-774-5408 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-058 approving a contract purchase agreement amendment #1, by and between the City of Roseville and Six Degrees, Inc. dba Six Degrees Consulting, and authorizing the City Manager to execute it on behalf of the City of Roseville.
11. Firm and Non-Firm Point-to-Point Transmission, and for Resale, Reassignment or Transfer of Point-To-Point Transmission - Transmission Service Agreements (ELECTRIC DEPARTMENT -
RESOURCE PLANNING & GENERATION)
Summary: Staff recommends approval of three Transmission Service Agreements with Puget Sound Energy Inc. to maintain the electric utility's power transmission capacity. These agreements will continue to allow Roseville Electric to purchase physical capacity for the transmission of electric power. There is no fiscal impact associated with the execution of the Transmission Service Agreements as they are enabling agreements.
CONTACT: Petra Wallace 916-774-5510 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-060 approving a service agreement, by and between the City of Roseville and Puget Sound Energy, Inc., and authorizing the City Manager to execute it on behalf of the City of Roseville.
12. Main Gas Supplier - Agreement Confirmation (ELECTRIC DEPARTMENT - RESOURCE PLANNING & GENERATION)
Summary: Staff recommends approval of a three-year main gas supplier agreement with ConocoPhillips Company to provide natural gas balancing services to the City. The agreement supports the Electric Department's operation of its natural gas generating facilities by scheduling the daily natural gas deliveries for planned electricity production. The average annual total cost of the transactions under this agreement is estimated to be over $25 million. Funding is included in the Electric Department's FY2025-26 budget in the Electric Fund.
CONTACT: Petra Wallace 916-774-5510 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-061 approving a main gas supplier agreement confirmation, by and between the City of Roseville and ConocoPhillips Company, and authorizing the City Manager to execute it on behalf of the City of Roseville.
13. Staffing Changes (HUMAN RESOURCES DEPARTMENT)
Summary: Staff recommends approval of the Seasonal/Temporary salary schedule reflecting the retitling of a classification from Soccer Official to Soccer Official I, and the addition of a Soccer Official II and a Soccer Official III classification. Updates to the City allocation schedule reflect the addition of (1) regular full-time Senior Engineer and the deletion of (2) regular full-time Office Assistant I/II positions. These changes are being made as part of an ongoing assessment of the appropriate staffing levels to provide a high level of service to the community. For the remainder of FY2025-26, the financial impact of the recommendations to the General Fund is $8,768. Beyond this fiscal year, the recommended changes have an annual ongoing impact of $32,568 to the General Fund.
CONTACT: Macy Dippert 916-774-5215 [email protected] The City Council will consider the recommendation to:
a. Adopt Ordinance No. 7054 amending Ordinance No. 7033, the salary Ordinance for Seasonal/Temporary Employees, as amended by Appendix "B" to be effective March 21, 2026, as an urgency measure; and
b. Approve the city-wide allocation schedule effective March 21, 2026.
14. Second Reading - Roseville Municipal Code Ordinance - Military Equipment Policy (POLICE
DEPARTMENT)
Summary: Staff recommends approval of an ordinance for second reading renewing Ordinance 6463 and readopting and continuing Roseville Police Department Policy No. 706, titled “Military Equipment”, thereby authorizing the Roseville Police Department’s continued use of “military equipment”, as defined by Government Code Section 7070.
CONTACT: Scott Blynn 916-774-5079 [email protected] The City Council will consider the recommendation to:
a. Adopt Ordinance No. 7052 renewing City of Roseville Ordinance 6463 and readopting and continuing Roseville Police Department Policy No. 706, titled “Military Equipment”.
15. Second Reading - Roseville Municipal Code Updates - Electric General Service 5 Rate (ELECTRIC
DEPARTMENT - FINANCIAL & ADMINISTRATIVE)
Summary: Staff recommends approval of an ordinance for second reading amending sections
14.24.020 and 14.24.050 of Chapter 14.24 of the Roseville Municipal Code in regards to establishing a new General Service 5 rate class for Roseville Electric customers with recorded demand greater than 7,500 kW and a load factor of 85 percent or higher. The rate is designed to more accurately reflect the cost of service for extra-large customers with highly efficient usage patterns and maintain alignment with Roseville’s cost-based rate policy.
CONTACT: Kerri Crosby 916-746-1263 [email protected] The City Council will consider the recommendation to:
a. Adopt Ordinance No. 7053 amending sections 14.24.020 and 14.24.050 of Chapter 14.24 of Title 14 of the Roseville Municipal Code regarding Electrical Energy.
16. Proclamation - Government Finance Professionals Week Summary: Proclaim March 23-27, 2026 as Government Finance Professionals Week and encourage all citizens to join the City of Roseville in recognizing the contribution and importance of our Government Finance Professionals and their impact within government.
CONTACT: Arleta Wagenhals 916-774-5200 [email protected]
17. Minutes of Prior Meetings (CITY CLERK DEPARTMENT)
Summary: Staff recommends approval of the minutes of the March 4, 2026, Closed Session Meeting and March 4, 2026, City Council Meeting.
CONTACT: Christine Mesaros 916-774-5287 [email protected] The City Council will consider the recommendation to:
a. Approve the minutes of the March 4, 2026, Closed Session Meeting and March 4, 2026, City Council Meeting.
END OF CONSENT CALENDAR
VII. PRESENTATIONS/REPORTS
18. Roseville Firefighters, Local 1592 - Successor Memorandum of Understanding and Labor Market Adjustments (HUMAN RESOURCES DEPARTMENT)
Summary: Staff recommends the City Council approve a successor Memorandum of Understanding (MOU) with the Roseville Firefighters (RFF), Local 1592, for a term beginning January 1, 2026, to December 31, 2029. The additional costs to the Fiscal Year (FY) 2025-2026
General Fund budget will be $351,100. These costs will be covered by appropriations included in the FY 2025-26 budget. The overall ongoing projected costs of salary and benefit increases to the General Fund over the MOU four-year term is $9,421,700. The total contract cost accounts for labor market adjustments in year 1 and a general wage increase of two and one-half percent in year 2 for the fire prevention team only. To address compaction and internal alignment, the contract costing includes rank separation adjustments in year 2 and 3 for the Fire Engineer and Fire Captain base wages, offset by a 5% reduction in certification pay for both job classes in year
2. In year 4, a general wage increase of 1.75% for the Firefighter Paramedic I/II and Firefighter EMT salary ranges and 3.0% general wage increase for the fire prevention team is included. The costing does not account for labor market adjustments to maintain salaries at the 55th percentile of the market in year 3, which will be presented to the City Council in December 2027.
CONTACT: Stacey Peterson 916-774-5374 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-062 approving a Successor Memorandum of Understanding for employees represented by Roseville Firefighters, Local 1592, and authorizing the City Manager to execute it on behalf of the City of Roseville; and
b. Adopt Ordinance No. 7055 amending Ordinance No. 6982, the Salary Ordinance for employees represented by Roseville Firefighters, Local 1592, as amended by Appendix “A”, to be effective March 21, 2026 as an urgency measure.
19. Affordable Housing In-Lieu Fees (ECONOMIC DEVELOPMENT DEPARTMENT - HOUSING) Summary: Staff recommends approval and establishment of an Affordable Housing In-Lieu Fee for required affordable rental units and for affordable for-sale units. These fees will apply when a housing development opts not to construct the required affordable units on-site and instead contributes a fee per unit as an alternative. No General Fund resources will be used.
CONTACT: Kristine Faelz 916-774-5451 [email protected] The City Council will consider the recommendation to:
a. Adopt Resolution No. 26-055 adopting the Affordable Housing In Lieu Fees and incorporating the fees into the schedule of user and regulatory fees.
VIII. PUBLIC COMMENTS
This is the second opportunity to make a public comment on non-agenda items.
IX. STAFF/COUNCIL REPORTS
X. ADJOURNMENT
City Council
Communication
Meeting Date: 3/18/2026
Item #: VI.1
File #: 0900-04-02
Item ID: 2026-107
Title: Pleasant Grove Boulevard Widening Project - Notice of Completion Contact: Nick Bumb 916-746-1313 [email protected]
SUMMARY
Staff recommends approval of the Notice of Completion for the Pleasant Grove Boulevard Widening Project. The project included the widening of Pleasant Grove Boulevard into the median from Foothills Boulevard to Woodcreek Oaks Boulevard; resurfacing of the adjacent existing traffic lane with an overlay; and a water lateral from the future Environmental Utilities Well Site to the water main under Pleasant Grove. The project was completed by DeSilva Gates Construction. The final accounting of construction costs is ongoing and is currently estimated at approximately $10.1 million. This is within the approved project budget and no additional resources are required. The project was funded by Traffic Mitigation Fee funds, the Highway User Tax Fund, the Road Maintenance and Rehab Fund, Environmental Utilities funds, and the Electric Fund. No General Fund resources were used for the project.
RECOMMENDATION
Staff recommends that the City Council accept the Pleasant Grove Boulevard Widening Project as complete and adopt a resolution authorizing the Public Works Director to execute the Notice of Completion.
BACKGROUND
Pleasant Grove Boulevard is a multi-lane arterial roadway providing a connection from West Roseville to Highway 65 and Rocklin. The number of lanes on the roadway vary from four to six lanes. This project widened the segment between Foothills Boulevard and Woodcreek Oaks Boulevard from four to six lanes.
The need for the widening was originally identified in a 1988 traffic analysis that assessed the future impacts of the residential and commercial developments proposed within the Northwest Roseville Specific Plan (NRSP) area. City Council adopted the NRSP in 1989 memorializing the ultimate need for six travel lanes along Pleasant Grove Blvd from Woodcreek Oaks Boulevard to Foothills Boulevard. The analysis and ultimate number of lanes for the roadway was reaffirmed by the adoption of the 2035 General Plan by City Council in August 2020.
The widening primarily occurred to the interior roadway median to preserve existing exterior curb, gutter, and sidewalk improvements to the extent possible. The project completed the following components:
• Widening 1.45 miles of roadway from four to six travel lanes; • Protection of and improvements to the median landscaping to the extent feasible; • Traffic Signal Modifications at Woodcreek Oaks Boulevard, Country Club Rd, and Foothills Boulevard;
• Installation of various underground infrastructure to support the widening and the planned Misty Wood Aquifer Storage and Recovery Well Site (future Environmental Utilities Department project);
• Pavement Rehabilitation of the roadway segment.
Public Works Engineering Division Staff completed the final inspection of the Pleasant Grove Boulevard Widening Project and have found the work to be completed in accordance with the improvement plans and specifications. The project is now ready for acceptance. As required by the specifications, the contractor will guarantee the installation and improvements for a period of 12 months from the date of Notice of Completion.
FISCAL IMPACT
The project was awarded at the February 21, 2024, City Council meeting for a contract amount of $9,305,623.00 and a construction change order authority of 10% ($930,562.30). The final accounting of construction costs is ongoing and is currently estimated at approximately $10.1 million. This is within the approved project budget and no additional resources are required. Increases beyond the base contract amount were a result of adjustments in actual quantities of the construction bid items based on field conditions, contract change orders based on unknown underground conditions, and changes agreed upon in the field. The project was funded by Traffic Mitigation Fee funds, the Highway User Tax Fund, the Road Maintenance and Rehab Fund, Environmental Utilities funds, and the Electric Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The Notice of Completion meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
4. Invest in well-planned infrastructure and growth
Respectfully Submitted,
Nick Bumb, Associate Engineer
Jason Shykowski, Public Works Director
ATTACHMENTS:
1. Resolution 26-057
2. Notice of Completion
3. Location Map
4. Faithful Performance Bond
5. Labor and Material Payment Bond
REVIEWERS:
Nick Bumb, Public Works Department - Engineering - City Projects Created/Initiated - 2/24/2026 Jesse Khatkar, Public Works Department - Engineering - City Projects Approved - 2/25/2026 Noah Siviglia, Public Works Department - Engineering - City Projects Approved - 2/25/2026
Stefanie Kemen, Public Works Department - Administration Division Approved - 3/3/2026 Kelly Aye, City Attorney Department Approved - 3/3/2026 Katrina Six, City Clerk Department Approved - 3/3/2026
Ryan DeVore, City Manager Department - Assistant City Manager Approved - 3/3/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 3/3/2026 Michelle Sheidenberger, City Attorney Department Approved - 3/4/2026 Dominick Casey, City Manager Department - City Manager Approved - 3/4/2026 Katrina Six, City Clerk Department Final Approval - 3/4/2026
RESOLUTION NO. 26-057
ACCEPTING THE PUBLIC WORK KNOWN AS THE PLEASANT GROVE BOULEVARD WIDENING PROJECT, APPROVING THE “NOTICE OF COMPLETION”, AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE SAID NOTICE ON
BEHALF OF THE CITY OF ROSEVILLE
BE IT RESOLVED by the City Council of the City of Roseville as follows:
1. The “Notice of Completion” on file in the City Clerk’s Department relative to that public work known as the Pleasant Grove Boulevard Widening Project, has been approved and the public work accepted.
2. The Public Works Director is hereby authorized and directed to execute said Notice on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ____ day of _____________________, 2026, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
_________________________________
City Clerk
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
CITY CLERK
CITY OF ROSEVILLE
311 VERNON STREET
ROSEVILLE, CA 95678
Exempt from recording fees
Pursuant to Gov’t Code §27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work of improvement known as the Project was completed and
accepted by the City of Roseville on . The location is
situated in the City of Roseville, County of Placer, State of California and is indicated on the attached map, marked as Exhibit “A” and incorporated herein by this reference. The real property herein described is owned by the City of Roseville, 311 Vernon Street, Roseville CA 95678.
The direct/general contractor on said project was .
The surety on said project was
.
___________________________________
City of Roseville
Owner
ATTEST:
________________________________ _
Carmen Avalos, City Clerk
State of California )
County of Placer )
I, , being first duly sworn, depose and say: I am the
of the City of Roseville, a municipal
corporation in the State of California, owner of the property described in the above Notice. I am duly authorized to make this verification for and on behalf of the City of Roseville. I have read the Notice of Completion and know its contents and the facts stated therein are true. ___________________________________
City of Roseville
State of California )
County of Placer )
Subscribed and sworn to (or affirmed) before
me on this _____ day of ,
20___,
proved to me on the basis of satisfactory
evidence to be the person(s) who appeared
before me.
____________________________________
Place Notary Seal and/or Stamp Above Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
City Council
Communication
Meeting Date: 3/18/2026
Item #: VI.2
File #: 0900-04-03
Item ID: 2026-171
Title: Westbrook Boulevard Signal Installation Project - Approval of Plans and Specifications and Authorization to Call for Bids
Contact: Brian Gulewich 916-746-1376 [email protected]
SUMMARY
Staff recommends approval of the plans and specifications for the Westbrook Boulevard Signal Installation Project and authorize staff to call for bids. The scope of this project includes the signalization of five (5) intersections along Westbrook Boulevard. The traffic signals are located at the intersections of Solaire Drive, Earl Rush Drive, Nicole Gee Drive, Vista Grande Boulevard, and Sierra Garden Boulevard at Westbrook Boulevard. Construction is estimated to cost approximately $2,160,000 and is planned for summer to fall 2026. This project is funded through the Traffic Mitigation Fund. No General Fund resources will be used on this project.
RECOMMENDATION
Staff recommends that the City Council approve the plans and specifications for the Westbrook Boulevard Signal Installation Project and authorize staff to call for bids.
BACKGROUND
West Roseville has undergone rapid development over the past 5-10 years. In addition to thousands of new housing units, there are several large retail centers, schools, and a regional soccer complex that have opened and/or will be opening within the next few years. In response to the rapid pace of development in the area, Public Works Engineering has prioritized the signalization of the intersections along Westbrook Boulevard from Solaire Drive to Sierra Village Drive. The intersections along Westbrook Boulevard slated for signalization are Solaire Drive, Earl Rush Drive, Nicole Gee Drive, Vista Grande Boulevard, and Sierra Village Drive.
Construction is currently planned for the summer of 2026 with completion in the late fall of 2026.
PUBLIC OUTREACH
Public Works staff will work closely with the Public Affairs and Communications team to keep the community and stakeholders informed of the project and its impacts.
FISCAL IMPACT
The project is estimated to cost $2,160,000 and will be funded through the Traffic Mitigation Fund. Once the actual construction costs are known, a budget adjustment may be recommended at the contract award to cover additional costs. No General Fund resources will be used on this project.
ENVIRONMENTAL REVIEW
Development of the Westbrook Boulevard Signal Installation Project was previously evaluated in the Sierra Vista Specific Plan EIR (May 10, 2010 and SCH No. 20080321115), and identified in the associated Sierra
Vista Specific Plan. The Westbrook Boulevard Signal Installation Project is within the scope of the project covered by the Sierra Vista Specific Plan EIR. As discussed in the Specific Plan EIR, the EIR provides environmental analyses of community infrastructure and facilities, including parks, pedestrian bridges, and bike trails, to the extent applicable. Because the project is consistent with the Sierra Vista Specific Plan EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the Sierra Vista Specific Plan EIR will be implemented during the design and construction of the Westbrook Boulevard Signal Installation Project. Because the proposed project meets the requirements identified in Section 15183 of the State CEQA Guidelines, no additional CEQA review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
4. Invest in well-planned infrastructure and growth
Respectfully Submitted,
Brian Gulewich, Assistant Engineer
Jason Shykowski, Public Works Director
ATTACHMENTS:
1. Location Map
2. Project Manual
3. Plans
REVIEWERS:
Brian Gulewich, Public Works Department - Engineering - City Projects Created/Initiated - 2/25/2026 Jesse Khatkar, Public Works Department - Engineering - City Projects Approved - 2/25/2026 Noah Siviglia, Public Works Department - Engineering - City Projects Approved - 2/25/2026 Stefanie Kemen, Public Works Department - Administration Division Approved - 3/3/2026 Kelly Aye, City Attorney Department Approved - 3/3/2026 Katrina Six, City Clerk Department Approved - 3/3/2026
Ryan DeVore, City Manager Department - Assistant City Manager Approved - 3/3/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 3/4/2026 Michelle Sheidenberger, City Attorney Department Approved - 3/5/2026 Dominick Casey, City Clerk Department Approved - 3/9/2026 Katrina Six, City Clerk Department Final Approval - 3/9/2026
Streets & Bridges
Project Manual
Name of project:
Westbrook Boulevard Signal InstallaƟon Project
Department:
Public Works—Engineering
Project No. 500495
The special provisions contained herein have been prepared byh or under the direction of the following Registered Persons:
ROADWAY
Carlton D. Allen, III, Registered Civil Engineer
ELECTRICAL
Kirk Meyer, Registered Civil Engineer
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TABLE OF CONTENTS
Pagination Notation
Notice to Contractors NTC
Instructions to Bidders INT
Proposal PROP
Insurance Broker Information Packet INS
Standard Construction Specifications SCS
Assembly Bill No. 626 AB 626
Special Provisions (if applicable) SP
Construction Details CD
NOTICE TO CONTRACTORS
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CITY OF ROSEVILLE
DEPARTMENT OF PUBLIC WORKS
Name of Project: WESTBROOK BOULEVARD SIGNAL INSTALLATION PROJECT
NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN THAT sealed Proposal will be received at the Office of the City Clerk, 311 Vernon Street, Roseville, California, until Tuesday, April 14th, 2026 at 3:00 p.m. Late proposals will be rejected. No exceptions.
The Proposals will be publicly opened and read by the City Clerk or designee of the City of Roseville at 3:05 p.m. on Tuesday, April 14th, 2026 at the Office of the City Clerk located at 311 Vernon Street, Roseville California for the following project: WESTBROOK BOULEVARD SIGNAL INSTALLATION PROJECT.
A pre-bid meeting will be held at NOT APPLICABLE.
A Project Manual, including all Contract Documents and the Proposal forms for bidding this project, may be obtained on-line from the City of Roseville’s website at https://www.roseville.ca.us/business/procurement_services/bids_rfps. All communications relative to this project shall be conducted through Public Purchase.
Bids shall be submitted on the City’s Proposal Forms included in the Project Manual, plainly endorsed with the Bidder’s name together with signed acknowledgement of any and all addenda. Proposal Forms shall be securely sealed in a suitable envelope marked with the name and address of the Bidder, and marked in capital letters on the front and back of the envelope as follows:
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WESTBROOK SIGNAL INSTALLATION PROJECT
(Name of Bidder)
(Address of Bidder)
Whether mailed or personally delivered, all bids shall be addressed to the City of Roseville, Office of the City Clerk, 311 Vernon Street, Roseville, California, 95678.
Each bid must be accompanied by a Bid Guaranty in the form of a Certificate of Deposit, Certified or Cashier’s Check, Bidder’s Bond or Irrevocable Standby Letter of Credit in an amount equal to at least ten percent (10%) of the Bidder’s Grand Total Price. The Bid Guaranty will be retained by the City and applied to any and all damages sustained by the City in the event that the successful Bidder fails or refuses to enter into the Contract awarded to it and to furnish all required bonds and Certificates of Insurance. The City intends to award the Contract to the lowest responsible Bidder based on the Grand Total Bid Price for all components of the Project.
To the extent allowed by law, the City reserves the right to reject any and all bids and/or to waive any irregularities or informalities in any bid or in the bidding procedure. The City specifically reserves the right to not award the Contract after the opening of bids.
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid by the submission deadline. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for
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submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and the City is under no obligation to return bids.
Bids will be examined and reported to the City Council within sixty (60) business days after the bid opening. Except as permitted by applicable law, no Bidder may withdraw its bid for a period of sixty (60) business days after the date of bid opening. Each Bidder will be notified of any award of the Contract by the City.
The City will affirmatively ensure non-discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status in the award and administration of contracts that it awards.
Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City withholding retention of payments during the Project.
The City has determined that the Contractor shall possess a valid CLASS A, GENERAL ENGINEERING CONTRACTOR’S LICENSE at the time that the bid is submitted, as well as any other license classification as may be required by the laws of the California for the performance of the work specified in the Contract Documents. Said license shall be maintained during the Contract period. Failure to possess the specified license shall render the bid nonresponsive and will act as a bar to the award of the Contract to any Bidder not possessing such a license at the time of bid submittal. The Contractor shall provide certification of the license, its number and the expiration date on the proposal form.
The work is to be done in Placer County. Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the work is to be done to be as determined by the Director of Industrial Relations of the State of
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California. The Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 7 “Legal Relations and Responsibility” of the Standard Construction Specifications.
Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 or exempt from registration requirements pursuant to Labor Code Section 1725.5(f). It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform work pursuant to Labor Code Section 1725.5 at the time the contract is awarded or is exempt from registration requirements pursuant to Labor Code Section 1725.5(f). The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
All questions prior to the deadline for bid submissions shall be directed to the attention of BRIAN GULEWICH via PUBLIC PURCHASE at 5:00 p.m. The deadline for submissions of questions and clarifications regarding the Contract Documents is SEVEN (7) calendar days before the deadline for bid submissions. Only Addenda issued by the City are binding.
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___________________________________
City Clerk, City of Roseville
Dated: _____________________________
Published: ________________________
INSTRUCTIONS TO BIDDERS
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INSTRUCTIONS TO BIDDERS
SECTION 1. GENERAL
1-1.01 GENERAL. These Instructions to Bidders form a part of the Contract Documents. Capitalized terms are defined in Standard Construction Specifications Section 1. 1-1.02 EXAMINATION OF PLANS, CONTRACT DOCUMENTS AND
SITE OF THE WORK. The Bidder shall examine carefully the site of the Work and all the Contract Documents, including these Instructions to Bidders, and shall inform itself of the conditions relating to the execution of the Work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the Work in strict accordance with the Contract Documents. Conditions relating to the execution of the Work include the requirements of federal, state, and local laws, statutes and ordinances relative to the execution of Work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public, employee health and safety, and environmental protection.
The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work to be performed, the quantities of materials to be furnished, and as to the requirements of all the Contract Documents.
1-1.03 EXISTING INFORMATION. Where the Department has made investigations of site conditions, including subsurface conditions in areas where Work is to be performed under the Contract, such investigations are made only for the purpose of study and design. City does not represent that such conditions as found in these investigations or inferences or conclusions drawn as a result of these investigations will represent actual site
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] conditions and hereby disclaims any liability as a result of Contractor’s or Bidder’s reliance on such investigations. City will presume that all Bidders have conducted their own site investigations, including investigations of subsurface conditions. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to the conditions set forth in these Instructions to Bidders. Such inspection of records may be made only at the location noted above. The records of such investigations are not a part of the Contract Documents and are shown solely for the convenience of the Bidder or Contractor. The City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of the investigations made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. The City makes no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.
No information derived from such inspection of records of investigations or compilation thereof made by the City, the Department or from the Engineer, or his or her assistants, will in any way relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling the terms of the Contract.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 2: BID REQUIREMENTS
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder standard Proposal Forms, which, when filled out and executed may be submitted as the bid.
Proposals shall include all pages in the Project Manual with page numbers marked “PROP” plus the Addendum acknowledgment form (front sheet) from all Addenda received by the Bidder.
Proposals shall be removed from the Project Manual. The full Project Manual shall not be submitted with the proposal. Bids not presented on forms so furnished will be disregarded.
The Proposal and one (1) copy thereof shall be submitted as directed in the “Notice to Contractors” under sealed cover plainly marked as a Proposal, and identifying the project to which the Proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.
All blank spaces in the Proposal must be completed, as required, in ink. All price information shall be shown, clearly legible, in figures where required.
The Bidder shall sign the Proposal in the blank space provided therefor. If the Bidder is the sole owner, the Proposal shall be signed by the owner. If the Bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Proposal shall be signed by at least two officers authorized to sign contracts on behalf of the corporation.
If the Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Proposal shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the Bidder other than an officer of a corporation or a member of a partnership, a notarized Power of
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Attorney must be on file with the City prior to opening of bids or must be submitted with the Proposal. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal. 2-1.02 SUBMISSION OF BIDS. Bids must be submitted at the prescribed time and location specified in the Notice to Contractors. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.
Any unauthorized conditions or qualifications entered on, or changes made to, the Proposal may render it invalid and may cause its rejection.
No telegraphic, telephonic, or facsimile or other electronically transmitted bids will be considered.
2-1.03 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each Proposal shall list the name, address and Contractor license number of each Subcontractor to whom the Bidder proposes to subcontract portions of the Work in an amount in excess of onehalf of one percent (0.5%) of its total bid, in accordance with Section 4100 to 4114, inclusive, of the Public Contract Code for the State of California. The Bidder shall list the Subcontractor’s license number and the portion of the Work that will be done by each Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work, the Bidder agrees to perform that portion of the Work itself, and represents that it is qualified to perform that portion of the Work itself. The Bidder's attention is invited to other provisions of the Public Contract Code related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 2-1.04 CONTRACTOR’S LICENSING LAWS. Attention is directed to the provisions of Business and Professions Code Chapter 9 of Division 3 concerning the licensing of Contractors.
All Bidders at the time of bid submittal shall be licensed as Contractors in accordance with the laws of this State. Any Bidder or Contractor not so licensed is subject to the penalties imposed by such laws. The form of Contractor's license required is stated in the Notice to Contractors, provided that the City makes no representation as to whether the State may require other or additional licenses. It is the Bidder's and Contractor's responsibility to obtain the correct Contractor's licenses. Bidders shall be skilled and regularly engaged in the general class or type of Work called for under this Contract.
All Bidders and Contractors, including Subcontractors, shall have a current City business license before undertaking any Work.
2-1.05 NONCOLLUSION DECLARATION. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the Bidder has not, directly or indirectly, included or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder.
Bidders shall submit a properly completed and executed “Noncollusion Declaration” in the form required by Public Contract Code Section 7106 and provided with the Proposal (PROP11). 2-1.06 DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
2-1.07 PROPOSAL GUARANTY. All bids shall be accompanied by one of the following forms of Bidder's security: Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City of Roseville, or any other form of security deemed acceptable by the City Attorney. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one of the form of Bidder's security is enclosed with it.
A Bidder's bond shall conform to the City's bond form in the Proposal and shall be properly filled out and executed.
2-1.08 SCHEDULE OF BID PRICES. Bidders are directed to submit firm unit and lump sum prices for all Work set forth in the Contract Documents on the Proposal Form entitled “Schedule of Bid Prices.”
Unit prices and lump sum prices, as indicated, must be entered in the appropriate spaces provided in the Schedule of Bid Prices. If applicable, unit prices shall be multiplied by the quantities shown, and the total shall be inserted in the Amount column. In the event of any error or discrepancy between the unit price and the calculated amount, the unit prices shall govern.
The City may correct any mathematical errors apparent on the face of the bid.
The amounts shown in the Amount column must be added together in arriving at the Grand Total Bid Price.
Amounts for Allowance bid items must be entered in the exact amount in the Amount column.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] The prices included within the Schedule of Bid Prices shall include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and all other costs necessary to perform the Work in accordance with the Contract Documents.
The Grand Total Bid Price shall be indicated in the Summary table form included with the Schedule of Bid Prices. The Grand Total Bid Price shall be the sum of the amounts bid for each of the designated portions of the Work, as more specifically described on the Schedule of Bid Prices form itself.
Full compensation for complying with the Contract Documents, including requirements of the Standard Specifications, the Standard Construction Specifications, Supplemental Conditions, and all warranties, shall be considered included in the bid items and no additional compensation shall be allowed therefor.
Full compensation for completion of all work as shown on the plans, as specified in the Specifications, and as directed by the City, shall be considered included in the bid items and no additional compensation shall be allowed.
Bidders are strongly discouraged from submitting unbalanced bids. As used herein, the term “unbalanced bid” is defined as any bid that does not include a reasonable proportionate allocation of indirect costs and profit of each bid item indicated in the Schedule of Bid Prices.
The City reserves the right to reject any unbalanced bid if the City determines that there is a reasonable doubt that an acceptance of the bid will not result in the lowest ultimate cost to the City with regard to the work or a disproportionate distribution of contract funds.
The City reserves the right to delete any bid item in its entirety and/or significantly reduce the quantity of Work under a bid item. The City makes no representation that any Work
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] under a bid item will be performed during the course of the Project or that the Work will be performed at the quantities included in the Schedule of Bid Prices. As provided in the Standard Construction Specifications, for any deleted Work, Contractor shall not be entitled to payment of the indirect costs and profit included for said bid item. All bid items shall be considered distinct and severable from the remaining bid items, and each Bidder acts at its peril if its bid is unbalanced.
The City shall compare bids on the basis of the Grand Total Bid Price, which includes the base bid and any alternates designated on the Schedule of Bid Prices. Alternates may or may not be awarded, or may be awarded in any combination, at the City’s discretion. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or its duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. Facsimile and electronic mail requests are not acceptable. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. The withdrawal of any bid after the time fixed in the Notice to Contractors for the opening of bids will not be permitted.
2-1.10 ADDENDUM. Proposals shall include all costs and account for all Addenda issued prior to opening of bids. The Bidder is responsible for verifying that all issued Addenda have been received. An Addendum acknowledgment form for each Addendum shall be included as part of the Proposal submittal.
2-1.11 PUBLIC OPENING OF PROPOSALS. Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 2-1.12 TRENCHING AND EXCAVATION WORK. In accordance with the provisions of California Labor Code Section 6707, if the Work involves construction of a pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five feet (5') or deeper, each bid submitted shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety orders.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 3: EVALUATION OF BIDS
3-1.01 BID EVALUATION PROCESS. Bids will be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Grand Total Bid Price, as shown in the Schedule of Bid Prices. If additive or deductive alternates are used in the Schedule of Bid Prices, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for base contract items plus the alternates designated by the City as those that will be used for determining the lowest bid price. However, the City reserves the right to (1) not award any alternates or (2) award any combination of alternates.
In case of discrepancy between the total of the base contract items and any specified alternates and the stated Grand Total Bid Price, the total of the base contract items plus specified alternates shall prevail. Any mathematical errors that appear on the face of the bid will be corrected by the City and the City will use the mathematically corrected addition. For example, if the mathematical total of Bidder’s base contract items plus specified alternates equals $1,000,000, but the Bidder has written $1,250,000 as the Grand Total Bid Price, the City will consider $1,000,000 to be the Bidder’s Grand Total Bid Price for purposes of comparison to other Bidders and actual bid award. The City reserves its rights to reject or accept bids based on discrepancies between the stated Grand Total Bid Price and the actual mathematical total of the base contract bid items, plus specified alternates.
3-1.02 REJECTION OF IRREGULAR PROPOSALS. Proposals may be rejected in the City's sole discretion if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. However, the City reserves the right to waive any minor irregularities and informalities in any bid or in the bid procedure for any reason.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 3-1.03 COMPETITIVE BIDDING. If more than one proposal is offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or Work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for the materials or Work.
All Bidders are put on notice that any collusive agreement to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the City Charter, State Contract Act and the Business and Professions Code and may render void any Contract let under such circumstances.
3-1.04 RELIEF OF BIDDERS. If the Bidder claims a mistake was made in its bid, the Bidder shall give the Department written notice within five (5) Days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a basis for relief. The burden of proving the occurrence of a mistake entitling a Bidder to relief from its bid rests entirely on the Bidder. Relief from bids shall be in the City's sole discretion.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 4: AWARD AND EXECUTION OF CONTRACT
4-1.01 AWARD OF CONTRACT. The City reserves the right to reject any and all proposals and to award (or not award) any combination of bid items at its option. Any such award will be to the lowest responsible Bidder whose proposal complies with the requirements prescribed for the bid items awarded. Such award, if made, will be made within sixty (60) business days after the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, or provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred four (104) business days after the opening of the proposals. The above time periods within which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
4-1.02 RETURN OF BIDDER’S SECURITIES. Within ten (10) Days after the award of the Contract, the City Clerk will return all Bidders' securities, other than Bidders' bonds, accompanying the proposals that are not to be further considered in making the award.
Retained Bidders' securities will be held until the Contract has been fully executed, after which all Bidders' securities, except Bidders' bonds and any Bidders' securities that have been forfeited, will be returned.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 4-1.03 CONTRACT BONDS. The successful Bidder shall furnish two (2) bonds in the form contained in the section entitled Insurance Broker Information Packet and Bonds. One (1) bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract, and the other bond shall guarantee the faithful performance of the Contract.
Each of the two (2) bonds shall be in a sum equal to one hundred percent (100%) of the Contract Price. If the Contract Price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly. Sureties on each of said bonds shall be satisfactory to the City.
All alterations, extensions of time, extra and additional Work, and other changes authorized by the Standard Specifications, the Standard Construction Specifications, the Supplemental Conditions or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bonds.
Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 4-1.04 INSURANCE. At the time of the execution of the Contract, the Contractor shall, at its own expense, procure, and at all times during the prosecution of the Work maintain in full force and effect Worker's Compensation Insurance, and Liability Insurance as specified in the Standard Construction Specifications. The Contractor shall provide a Certificate of Insurance in the form contained in the section entitled Insurance Broker Information Packet. 4-1.05 EXECUTION OF CONTRACT. The Contract shall be signed by the successful Bidder and returned, together with all the required Contract bonds and insurance
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] certificates, within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City.
If the Bidder is an individual, the Contract shall be executed personally by the Bidder. If the Bidder is a partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Bidder is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief financial officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Contract, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than officers, or only by one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Bidder is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 4-1.06 FAILURE TO EXECUTE CONTRACT. Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided within fifteen (15) Days after the Contract has been awarded, or as otherwise directed, in writing, by the City, shall be just cause for annulment of the award and forfeiture of the Bidder's security. The successful Bidder may file with the City Clerk a written notice, signed by the Bidder or Bidder's authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Bidder. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time prescribed.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 5: BID PROTEST PROCEDURES
5-1.01 POLICY/PROCEDURES. It is the policy of the City to consider fully and adjudicate promptly protests filed by prospective Bidders relating to the City’s bidding procedure or award of the Contract. Protests shall be filed and processed in accordance with Section 4.12.150 of the Roseville Municipal Code. A Bidder’s failure to follow the bid protest procedures may result in rejection of the protest by the City.
PROPOSAL
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] PROPOSAL TO THE DEPARTMENT OF ________________________
Project:_______________________________________
Name of Bidder _________________________________ Business Phone ________________ Business Address _______________________________________________________________ Place of Business _______________________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ License Classification Type __________________________________________ DIR Registration No. _________________________________________ Type of business organization:
*If a Corporation, incorporated under the laws of the State of:
The undersigned Bidder herewith submits this Proposal and binds itself on award by the City of Roseville under this bid to execute a Contract in accordance with its bid and the Contract Documents.
The Notice to Contractors, Instructions to Bidders, Form of Agreement, Standard Specifications, Standard Construction Specifications, Supplemental Conditions, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranties are required thereby are hereby affirmed.
The work to be done is described in the Bidding Documents entitled _______________ ____________________________________________________, City of Roseville, California.
This offer shall be irrevocable for a period of sixty (60) Days after the date on which bids are opened.
PROP - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposal, other than that requested, may render the bid non-responsive.
The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that the Bidder has carefully examined the location of the proposed Work, the attached Form of Agreement, and the plans, Specifications, and other Contract Documents; and agrees if this Proposal is accepted, that it will contract with the City of Roseville, in the form of a copy of the Agreement contained in the Project Manual, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according to the requirements of the Director, as therein set forth, and that the Bidder will take in full payment therefore prices indicated in the Schedule of Bid Items, including all work modified by addendum numbers ________________. (IF NONE, STATE NONE).
Bids are required for all Bid Items. The amount of the Bid for comparison purposes will be the total of all items awarded.
The Bidder shall set forth for each item of work, in clearly legible figures, an item (“unit”) price and a total for the item in the respective spaces provided for this purpose in the Schedule of Bid Items.
The prices included within the Schedule of Bid Items include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment,
PROP - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents.
Accompanying this Proposal is _______________________________________________. (Notice: Insert the words “Cash $_________,” “Cashier's Check,” “Certified Check,” or “Bidder's Bond,” as the case may be, in an amount equal to at least ten percent (10%) of the total of the Bid.)
The names of all persons interested in the foregoing Proposal as Principals, are as follows: ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If SOLE OWNER, execute here:
I sign as sole owner of the business named above:
_____________________________________________________________________________ If PARTNERSHIP, one or more partners sign here:
The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so:
____________________________________________________________________________ ____________________________________________________________________________
PROP - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] If CORPORATION, execute here:
Corporate Name: _______________________________________ Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
If JOINT VENTURE, execute here:
Joint Venture name composed of:
The undersigned certify that they sign this bid with the full and proper authorization so to do:
Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to City is provided demonstrating that such individual is
PROP - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws). [LIST OF SUBCONTRACTORS FOLLOWS ON NEXT PAGE.]
PROP - 6
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
LIST OF SUBCONTRACTORS
Contractor’s Name: _________________________________
The Bidder is required to furnish the following information in accordance with the provisions of Section 4100 and 4114, inclusive, of the Public Contract Code of the State of California. This list and information shall include all Subcontractors that perform work, provide labor or render services to the Bidder in connection with the Project in an amount in excess of one-half of one percent (0.5%) of the total amount of the Bidder Grand Total Price.
PORTION/
TYPE OF
WORK
% OF
CONTRACT
SUBCONTRACTOR’S
NAME
CONTRACTOR
LICENSE NO. DIR REG NO. BUSINESS ADDRESS (CITY, STATE)
PROP - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
SECURITY FOR COMPENSATION CERTIFICATE
(Required by California Labor Code Section 1861)
TO: City Council
City of Roseville
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. _________________________________
_________________________________
(Signature of Bidder)
_________________________________
_________________________________
Business Address
_________________________________
Telephone
PROP - 8
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] BIDDER’S BOND
City Council of the City of Roseville
KNOW ALL MEN BY THESE PRESENTS:
That we ________________________________________________________________ ___________________________________________________________, as PRINCIPAL, and ______________________________________________________________________________ a, __________________________________________ and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Roseville in the penal sum of _______________________________________________ dollars ($________________), being at least TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Roseville, acting by and through the Public Works Director, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the Director of the Department to which said Bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned Bid to the City Council of the City of Roseville, as aforesaid, for certain construction specifically described as follows, for which Bids are to be opened at the Office of the City Clerk located at 311 Vernon Street, Roseville, California, on ____________________________, 20__ FOR (Copy here the exact title of work as it appears on the Proposal.)
PROP - 9
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] NOW, THEREFORE, IF THE AFORESAID PRINCIPAL is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented for signature, enters into a written Contract, in the prescribed form, in accordance with the Bid, and files all insurance and two (2) Bonds with the Department, one (1) to guarantee Faithful Performance and the other to guarantee Payment for Labor and Materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _____ day of _____________________, 20___.
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Principal
______________________________(Seal)
______________________________(Seal)
______________________________(Seal)
Surety
__________________________________
__________________________________
Business Address
NOTE: To be considered complete, both the Principal and the Surety must sign this Bidder’s Bond. In addition, signatures of those executing for the Surety must be properly acknowledged.
PROJECT: WESTBROOK BOULEVARD SIGNAL IMPROVEMENT PROJECT ITEM
NO. * ITEM UNIT ESTIMATED QUANTITY ITEM PRICE SUBTOTAL
1 MOBILIZATION, DEMOBILIZATION, AND FINAL CLEAN UP 1 LS $ $ 2 TRAFFIC CONTROL 1 LS $ $
3 WATER POLLUTION CONTROL 1 LS $ $
4 CLEARING AND GRUBBING 1 LS $ $
5 REMOVE PAVEMENT MARKINGS 6,500 SQFT $ $
6 REMOVE ROADSIDE SIGN (ONE POST) 31 EA $ $
7 REMOVE ROADSIDE SIGN (SSBM) 5 EA $ $
8 MICRO-SURFACING (TYPE II) 2,100 SQYD $ $
9 THERMOPLASTIC PAVEMENT MARKINGS 4,200 SQFT $ $
10 METHYL METHACRYLATE PAVEMENT MARKINGS (GREEN) 1,300 SQFT $ $ 11 REMOVE AND INSTALL ROADSIDE SIGN ON EXISTING POST 11 EA $ $ 12 INSTALL ROADSIDE SIGN (SSBM) 31 EA $ $
13 SIGNAL AND LIGHTING SYSTEMS (SIERRA VILLAGE) 1 LS $ $ 14 SIGNAL AND LIGHTING SYSTEMS (VISTA GRANDE) 1 LS $ $
15 SIGNAL AND LIGHTING SYSTEMS (NICOLE GEE) 1 LS $ $
16 SIGNAL AND LIGHTING SYSTEMS (EARL RUSH) 1 LS $ $
17 SIGNAL AND LIGHTING SYSTEMS (SOLAIRE) 1 LS $ $
18 INTERCONNECT SYSTEM 1 LS $ $
TOTAL (BID ITEMS #1 TO #18) $
CONTRACTOR:
SCHEDULE OF BID ITEMS
ROADWAY
[L:\agreement\form agreements\Project Manuals\streets bridges project manual.docx; 3/10/2022] PROP 10
(1 of 1)
PROP - 11
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NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________________ [date], at _____________________________ [city], ________________ [state]. ____________________________________
(Signature of Declarant)
PROP - 12
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes______ No______
If the answer is yes, explain the circumstances in the following space.
NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________
PROP - 13
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
ACKNOWLEDGEMENT OF INSURANCE AND BOND REQUIREMENTS
Included in the Bid Price is full compensation for the requirements set forth in the INSURANCE BROKER INFORMATION PACKET of the Project Manual.
NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ TITLE OF BIDDER: _________________________________________ DATE: _____________________________________________________
PROP - 14
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
DISCLAIMER OF WARRANTIES AND ACCURACY OF DATA
Although soil and site investigation reports have been obtained from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information contained therein. These reports are subject to change at any time, may be incomplete, and/or may contain errors. This information is provided for informational purposes only. The City of Roseville provides this information on an “as is” basis. Warranties of any kind, express or implied, or statutory, including but not limited to the implied warranties of merchantability, and fitness for a particular purpose ARE DISCLAIMED to any party viewing these documents or to any third party.
The City of Roseville does not accept and expressly disclaims liability to any party viewing such information, or to any third party whatsoever, for any loss, damage, or injury (including incidental or consequential damages) whether such loss, damage, or injury is the result of negligence, willful or intentional misconduct, or any other cause.
I have read and acknowledged the above disclaimer and agree to hold harmless the City of Roseville on any theory of liability for any loss, damage or injury whether in contract, strict liability or tort arising in any way out of the use or contents of the released information or documents described above or the performance of the work called for herein.
Print Name Signature
Name of Business/Company/Corporation Date
Address Phone
PROP - 15
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
END OF PROPOSAL
AGREEMENT
1 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
A G R E E M E N T
THIS AGREEMENT, is made and entered into this _____day of __________________, 20_____, by and between the City of Roseville, a municipal corporation, (“CITY”), and ______________________________________________, a ____________________________, (“CONTRACTOR”); and
W I T N E S S E T H:
WHEREAS, the City Council of the CITY, at a meeting held on the _____day of __________________, 20_____, approved plans and specifications for the ________________ ____________________________________________________________________________ and directed the City Clerk to advertise for sealed proposals for doing said work and providing that bids be submitted on the _____ day of ________________, 20_____; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, CONTRACTOR, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which bid is now on file in the office of the City Clerk, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a meeting of the City Council held on the _____ day of ___________________, 20_____, the Council found and
2 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] declared the bid of CONTRACTOR to be the lowest responsible bid and thereupon awarded a contract to CONTRACTOR to do the work referred to in the aforementioned specifications.
NOW, THEREFORE, the parties agree as follows:
1. THE WORK. CONTRACTOR agrees:
a. To do the work and furnish all the labor, materials, tools, supplies, equipment, superintendence, insurance, and bonds required for the _______________________ ______________________________________________________________________________ in accordance with the Contract Documents (the Work).
b. To do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Public Works of the City of Roseville.
2. PAYMENT. CITY shall pay CONTRACTOR __________________________ _________________________________________ dollars ($________________) for the Work to be done under this Agreement in accordance with the Contract Documents.
3. CONTRACT DOCUMENTS. The complete Agreement between the parties hereto consists of the following documents:
a. The advertisement for bids (including the notice to bidders, instructions to bidders and proposals);
b. The accepted bid;
c. Plans and specifications (including standard construction specifications, special provisions and construction details);
d. Bonds and insurance required by the specifications; and
3 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] e. This contract.
All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
4. LIQUIDATED DAMAGES. In the event CONTRACTOR does not complete the Work within the time specified, CONTRACTOR agrees that CITY will suffer damages.
Inasmuch as the actual damages which would result from such breach by CONTRACTOR under this Agreement are uncertain, and would be impractical or extremely difficult to fix, CONTRACTOR agrees that it shall pay, or CITY shall deduct from CONTRACTOR’s fee, the amount of $________ per day as liquidated damages, in the event of such delay.
5. TIME OF COMPLETION. Time is of the essence of this Agreement.
CONTRACTOR shall complete all Work under the Contract Documents within _____ Days of the date of this Contract. CONTRACTOR shall begin work by the date specified in the “Notice to Proceed” letter and shall diligently prosecute all of the Work under this Contract in all parts and requirements as defined in the Contract Documents.
6. SERVICE OF NOTICE. Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested, postage pre-paid, to the address specified below; or (c) sent by facsimile, with confirmation of receipt, to the facsimile number identified below.
CITY OF ROSEVILLE CONTRACTOR
______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________
4 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] CITY may also act through either its architect or construction manager if CITY expressly gives notice to CONTRACTOR, in writing, that CITY’s designee has authority to act for CITY in a specific capacity.
7. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the Contract Documents and Public Contract Code Sections 10240-10240.13.
8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
9. INDEPENDENT CONTRACTOR. CONTRACTOR shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.
10. SUCCESSORS IN INTEREST. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
11. MODIFICATION. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
12. SEVERABILITY. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
13. INTEGRATED AGREEMENT. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.
14. CONTRACTORS LICENSE LAW. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE
5 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A
COMPLAINT REGARDING A LATENT ACT OR OMISISON PERTAINING TO STRUCUTRAL DEFECTS MUST BE FILED WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.
BOX 26000, SACRAMENTO, CALIFORNIA 95826.
IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. _____, adopted by the Council of the City of Roseville on the _____day of _________________, 20_____, and CONTRACTOR has caused this Agreement to be duly executed.
CITY OF ROSEVILLE, a _______________________________
municipal corporation _______________________________
BY: _______________________________ BY: ______________________________ DOMINICK CASEY its: _______________________________
City Manager
and
ATTEST:
BY: ______________________________
its: _______________________________
BY: _______________________________
CARMEN AVALOS
City Clerk
6 [B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] APPROVED AS TO FORM:
BY: _______________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: _______________________________
JASON SHYKOWSKI
Public Works Director
INSURANCE BROKER INFORMATION PACKET
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
INSURANCE BROKER INFORMATION PACKET
Project:_______________________________________
NOTICE TO CONTRACTOR:
For your convenience, this package contains the Requirements for Insurance and Bonds for this project, including the necessary City forms. You are required to return these forms in addition to the executed Contract within fifteen (15) calendar days after the award of the Bid, unless otherwise directed by City in writing. (See the Instructions to Bidders.) Please insert the dollar amount of your accepted Bid into the blank on page INS-1 and present this entire package to your insurance broker if you are awarded the Bid.
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
TABLE OF CONTENTS
Page
Notice to Insurance Broker INS 1
Insurance Requirements INS 2
Public Works Faithful Performance Bond INS 7
Public Works Payment Bond INS 9
INS - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024]
NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Roseville to perform a public works project known as ___________________________________________.
The Contract Conditions for that project require your client (“the Contractor”) to return certain evidence of insurance and bonds to the City Attorney of the City within fifteen (15) days after the Bid award, unless otherwise directed by the City in writing, or else the Bid award may be terminated and awarded to another company.
This package contains the information you will need as an insurance broker to provide the appropriate insurance and bonds to the City. The insurance coverages the Contractor needs are specified in the section entitled “Insurance Requirements.” Please note that, in addition to the insurance certificate itself, copies of several endorsements must be actually furnished.
Please refer to Special Provisions for modifications of the Standard Construction Specifications, if any, and the requirements of this insurance packet.
Please use the standard City of Roseville Bond Forms provided in this package.
The Bonds required must each be in the penal amount of: $______________________.
Bonds must be sent to the following staff person:
________________________________
________________________________
________________________________
Insurance documents must be provided using one of the following methods:
a. By email to [email protected] and [email protected] b. By fax to (770) 335-5727 and (916) 774-5461
After using one of these methods, please DO NOT send the insurance certificate(s) by mail.
When forwarding the documents, please refer to the project name so that the documents can be matched with the Contract for which they are submitted.
Thank you.
INS - 2
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INSURANCE REQUIREMENTS
The following sections are quoted from the Standard Construction Specifications:
7-1.06 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 the award of the bid and prior to approval of the Contract by the City Council. Contractor shall provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.
B. 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
INS - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] limits of no less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage for projects over One Million Dollars ($1,000,000). If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Roseville, and its officers, agents, employees, and volunteers, as additional insureds (except for workers’ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.
Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers. b. The insurance shall provide coverage for claims by one insured against another insured and the policies shall not contain any cross-suits exclusions, 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.
INS - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least One Million Dollars ($1,000,000) shall cover all Contractors staff while performing any work incidental to the performance or this Agreement.
4. Professional Liability: Professional Liability (Errors and Omission) Insurance appropriate to Contractor’s profession, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence or claim and Two Million Dollars ($2,000,000) aggregate to cover all design and engineering services rendered by Contractor pursuant to the
INS - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 Is ____ OR Is Not ____ Required by Risk Management: The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion or acceptance of the Work if no Notice of Completion is to be recorded.
The Contractor shall secure “All Risk” type of builder's Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder's All Risk policy shall be five percent (5%) of the Contract amount.
Builder's Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of
3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.
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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 provide that the coverage is on an “occurrence” basis.
7-1.06A 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.
INS - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.
D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
H. Failure of the City to enforce in a timely manner any of the requirements of these insurance provisions shall not act as a waiver to enforcement of any of these provisions at a later date.
I. Contractor’s indemnity obligations shall not be limited by these insurance provisions and shall survive the expiration of the Contract and the insurance provisions of the Contract shall likewise not be limited by the indemnity provisions of the Contract.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] J. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY
PROGRESS PAYMENTS TO THE CONTRACTOR IN THE EVENT OF
NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
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PUBLIC WORKS
FAITHFUL PERFORMANCE BOND
(Project: ______________________________________________) WHEREAS, the City of Roseville (“CITY”) has awarded a bid and contract to ___________________________________________________________________ as contractor (“PRINCIPAL”) for the public work described as __________________ _________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing its faithful performance; and
NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.
The condition of this obligation is such that if the PRINCIPAL, or its heirs, executors, administrators, successors or assigns, shall abide by, and in all respects promptly and faithfully perform the covenants, conditions and provisions in said AGREEMENT and any alteration thereof made as therein provided, notice of which alterations to Surety being hereby waived, on its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, employees, volunteers as therein stipulated, then this obligation shall be null and void; otherwise, this obligation shall be and remain in full force and effect.
As condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in Bond No. __________
Premium $_________
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] this paragraph to the contrary notwithstanding, the obligation of the SURETY shall continue so long as any obligation of the PRINCIPAL remains.
No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
Whenever PRINCIPAL shall be and declared by CITY to be in default under the AGREEMENT, SURETY shall promptly remedy the default, or shall promptly do one of the follow at CITY’s election:
1. Undertake through its agents or independent contractors, reasonably acceptable to CITY, to complete the AGREEMENT in accordance with its terms and conditions and to pay and perform all obligations of PRINCIPAL under the AGREEMENT, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.
2. Reimburse CITY for all costs CITY incurs in completing the AGREEMENT, and in correcting, repairing or replacing defects in materials or workmanship and/or materials and workmanship which do not conform to the specifications in the AGREEMENT.
SURETY’s obligations hereunder are independent of the obligations of any other surety for the performance of the AGREEMENT, and suit may be brought against SURETY and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing CITY’s rights against the others.
No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY or its successors or assigns.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. [SIGNATURES NEXT PAGE]
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.
PRINCIPAL: SURETY:
BY:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________ AND MAILING ADDRESS:
BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________ (Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:
BY: ________
City Attorney
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PUBLIC WORKS
LABOR AND MATERIALS PAYMENT BOND
(Project: ______________________________________________) WHEREAS, the City of Roseville (“CITY”), has awarded a bid and contract to ______________________________________________________________________ as contractor (“PRINCIPAL”), for the public work described as ____________________ ________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing payment of persons who provide labor and material; and NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.
The condition of the obligation is such that if the PRINCIPAL, its subcontractors, heirs, executors, administrators, successors or assigns fails to pay any of the persons named in Section 8004 or 9100 of the Civil Code of the State of California, or the amounts due under the Unemployment Insurance Code of the State of California, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the SURETY will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, shall pay reasonable attorneys’ fees, to be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file a Stop Payment Notice pursuant to the provisions of Section 9350 et seq. of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Bond No. __________
Premium $_________
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the _____ day of __________________, 20__.
PRINCIPAL: SURETY:
BY:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________ AND MAILING ADDRESS:
BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________ (Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:
BY: ________
City Attorney
CITY OF ROSEVILLE
STANDARD CONSTRUCTION SPECIFICATIONS
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CITY OF ROSEVILLE
STANDARD CONSTRUCTION SPECIFICATIONS
SCS – 2
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TABLE OF CONTENTS
Page
Adoption of State Specifications SCS 3
Section 1. General SCS 3
Section 2. Bidding SCS 5
Section 3. Contract Award and Execution SCS 9
Section 4. Scope of Work SCS 11
Section 5. Control of Work SCS 11
Section 6. Control of Materials SCS 18
Section 7. Legal Relations and Responsibility SCS 18
Section 8. Prosecution and Progress SCS 32
Section 9. Payment SCS 33
Section 14. Environmental Stewardship SCS 35
SCS – 3
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ADOPTION OF STATE SPECIFICATIONS
1. The State of California Department of Transportation (“Caltrans”) Standard Specifications dated 2015, are hereby adopted as the Standard Specifications of the City of Roseville except insofar as they may be modified by these Standard Construction Specifications.
2. Except for Division 1, Section 2, numbering in these Standard Construction Specifications conforms to that in the Caltrans Standard Specifications. The existence of a section in these Standard Construction Specifications means that the corresponding section of the Standard Specifications is modified in some respect. Unless otherwise specified, the modified Standard Specification provisions are deleted entirely, and the provisions of these Standard Construction Specifications are substituted.
DIVISION 1. GENERAL PROVISIONS
SECTION 1. GENERAL
ACCEPTANCE. Shall mean the formal Acceptance by resolution of the Roseville City Council of an entire Contract which has been completed in all respects in accordance with the Plans and specifications and any modifications thereof previously approved, causing a notice of completion to be filed with the County Recorder.
ATTORNEY GENERAL. The City Attorney of the City of Roseville.
CITY ATTORNEY. The City Attorney of the City of Roseville.
CITY CLERK. Shall mean the City Clerk of the City of Roseville.
SCS – 4
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] DEPARTMENT. Shall mean the Department of Public Works of the City of Roseville, also referred to as the Department of Contract Administration. References made to the Department of Transportation otherwise shall mean the State of California Department of Transportation.
DIRECTOR. Shall mean the Public Works Director of the City of Roseville or his or her duly authorized representative.
ENGINEER. Shall mean the Public Works Director of the City of Roseville or his or her duly authorized representative.
ESTIMATED COST. The estimate prepared by the Public Works Director of quantities of work to be performed.
LIQUIDATED DAMAGE. The amount to be deducted from payments due or to become due to the Contractor for delay, as set forth in the Special Provisions.
PLANS. The official Project Plans, Standard Plans, Improvement Plans, Construction Standards, profiles, typical cross sections, general cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Director which show the location, character, dimensions and details of the work to be performed. All such documents are to be considered as a part of the Plans whether or not reproduced in the Special Provisions.
In the above definition, the following terms are defined as follows:
a. Standard Plans - The Standard Plans of the Department of Transportation of the State of California.
b. Project Plans - The Project Plans are specific details and dimension peculiar to the Work and supplemented by the Standard Plans, insofar as the same may apply.
SCS – 5
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] c. Construction Standards - The City of Roseville Design and Construction Standards.
STATE. Reference to the State or State of California shall mean City or City of Roseville unless the reference is to a law or regulation of the State, and reference to Sacramento shall mean Roseville unless otherwise noted.
SECTION 2. BIDDING
SECTION 2 SHALL BE DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:
2-1.01 PROPOSAL FORMS. The Department will furnish to each Bidder a standard proposal form, which, when filled out and executed shall be submitted as its bid. Bids not presented on forms so furnished will be disregarded.
The proposal form is bound in a book together with the Notice to Contractors, special provisions, and Contract. The proposal shall set forth for each item of work, in clearly legible figures and words, an item price and a total for the item in the respective spaces provided, and shall be signed by the Bidder, who shall fill out all blanks in the proposal form as required therein.
All items shown on the schedule of bid items shall be properly filled in and shall include all costs of labor, materials, equipment, and State, Federal, or other taxes applicable to the transaction. The completed forms shall be without inter-lineations, erasures or alterations of any nature. If the proposal is made by an individual, his or her name and post office address must be shown; if made by a firm or partnership, the name and post office address of each member of the
SCS – 6
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] firm or partnership must be shown; or if made by a corporation, the proposal shall show the name of the State under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer of said corporation. If the proposal is signed by an agent, a “Power of Attorney” must be filed with the proposal.
The proposal shall be submitted as directed in the “Notice to Contractors” under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the time and date of the bid opening therefor. Proposals which are not properly marked may be disregarded. Proposal forms shall be obtained from the Director of Public Works, City of Roseville, California. Proposal forms are not transferable. 2-1.02 REJECTION OF PROPOSALS AND DISQUALIFICATION OF
BIDDERS. Proposals may be rejected if they show any alterations of the forms, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind. More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one (1) proposal for the work contemplated, will cause the rejection of all proposals in which the Bidder is interested. The City reserves the right to reject any and all proposals.
2-1.03 PROPOSAL GUARANTY. All bids shall be presented under sealed cover and accompanied by one (1) of the following forms of Bidder's security. a. Cash, a cashier's check, a certified check, or a Bidder's bond executed by an admitted California surety insurer, made payable to the City.
SCS – 7
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] b. The security shall be in an amount equal to at least ten percent (10%) of the bid amount. A bid will not be considered unless one (1) of the forms of Bidder's security is enclosed with it.
c. A Bidder's bond will not be accepted unless it conforms to a bond form approved by the City Attorney. Upon request “Bidder's Bond” forms may be obtained from the Department.
2-1.04 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the Director. The request shall be executed by the Bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline for submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Roseville and City is under no obligation to return the bids.
2-1.05 RELIEF OF BIDDERS. If the Bidder claims a mistake was made in his or her bid, the Bidder shall give the Department written notice within five (5) calendar days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a
SCS – 8
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] basis for relief. The burden of proving the occurrence of a mistake entitling a Bidder to relief from its bid rests entirely on the Bidder. Relief from bids shall be in the City’s sole discretion. 2-1.06 PREVIOUS DISQUALIFICATION, REMOVAL OR OTHER
PREVENTION OF BIDDING. A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local project because of a violation of law or a safety regulation. 2-1.07 COMPETENCY OF BIDDERS. If two (2) or more prospective Bidders desire to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture with the Bid on a form approved by the City Attorney, and such affidavit of joint venture will be valid only for the specific project for which it is filed. If such affidavit of joint venture is not filed as aforesaid and approved by the City Attorney prior to the time for awarding bids on the specific project for which it is submitted, a joint bid submitted by said Bidders will be disregarded. No bid will be accepted from or a Contract awarded to any Bidder to whom a proposal form has not been issued pursuant to Section 2-1.06. 2-1.08 GUARANTY AND WARRANTY. The Contractor shall guarantee and warrant all materials supplied as being fit for the purpose intended. The Contractor shall guarantee and warrant all work performed as having been accomplished in a proper and workman-like manner. The guarantee and warranty required by this section shall continue for a period of one (1) year after Acceptance of the Work.
Should any failure of the work occur within a period of one (1) year, after Acceptance of the project by the City Council due to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at his or her expense.
SCS – 9
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] The City is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) calendar days after being given written notice of such failure; provided, however, that in case of emergency where in the opinion of the Engineer, providing a reasonable attempt has been made to notify the Contractor, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected without prior notice to the Contractor, and the Contractor shall pay the entire cost thereof. At the completion of the work the faithful performance bond may be reduced at the discretion of the City Council to not less than ten percent (10%) of the Contract price to cover said guarantee.
Additional guarantees or warranties may be required by the Special Provisions.
SECTION 3. CONTRACT AWARD AND EXECUTION
3-1.04 CONTRACT AWARD. The right is reserved to reject any and all proposals. The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within sixty (60) business days after the public opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, the Roseville City Council may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within eighty-two (82) business days after the public opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred and four (104) business days after public opening of the proposals. The above time periods within
SCS – 10
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] which the award of Contract may be made are subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.
All bids will be compared on the basis of the Director's estimate of the quantities of work to be done.
3-1.05 CONTRACT BONDS. The successful Bidder, simultaneously with the execution of the Contract, will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price; said bonds shall be in a form approved by the City Attorney and shall be secured by a surety company satisfactory to the City Attorney. If the Contract price increases by the issuance of Change Orders, the penal amounts of the bonds required shall increase accordingly.
Furthermore, the successful Bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3). 3-1.18 CONTRACT EXECUTION. The Contract, in form and contents satisfactory to the City, shall be executed by the successful Bidder and returned, together with the Contract bonds and certificates of insurance within fifteen (15) calendar days after written notice that the Contract has been awarded, or as otherwise directed, in writing, by the City.
No proposal shall be considered binding upon the City until the execution of the Contract by the City.
3-1.20 FAILURE TO EXECUTE CONTRACT. Section 3-1.20, “Failure to Execute Contract” is added as follows:
“Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds
SCS – 11
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] and insurance as provided herein within fifteen (15) calendar days, or within a different timeframe specified by City in writing, after such Bidder has received notice that the Contract has been awarded to him or her, shall be just cause for the annulment of the award and the forfeiture of the Bidder’s security to the City as Liquidated Damages. The successful Bidder may file with the Roseville City Council a written notice, signed by the Bidder or his or her authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him or her. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds and insurance within the time prescribed by Section 3-1.18.” SECTION 4. SCOPE OF WORK
There are no amendments to the Standard Specifications.
SECTION 5. CONTROL OF WORK
5-1.02 CONTRACT COMPONENTS. These Standard Construction Specifications, the Standard Specifications, the Standard Plans, the Improvement Plans, Construction Standards, Project Plans, project Special Provisions (and any addenda), the Agreement, Contract Change Orders, and all supplementary documents are all essential parts of the Contract between Contractor and the City. A requirement occurring in one (1) is as binding
SCS – 12
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.
In resolving inconsistencies among two (2) or more sections of the Contract Documents, precedence shall be given in the following order:
A. Special Provisions
B. City of Roseville Standard Construction Specifications C. City of Roseville Design and Construction Standards
D. State Standard Specifications and Amendments to the State Standard Specifications, Standard Special Provisions, and Plans
E. Drawings
Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the special provisions, or the Plans, the Contractor shall apply in writing to the Director for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of these specifications, the special provisions or the Plans, reference shall be made to the Director, whose decision thereon shall be final.
In the event of any discrepancy, between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5-1.20B(5) CITY OF ROSEVILLE ENCROACHMENT PERMITS. Section 5-
1.20B(5), “City of Roseville Encroachment Permits” is added as follows:
“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
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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.”
5-1.20B(6) CITY OF ROSEVILLE BUSINESS LICENSE. Section 5-1.20B(6), “City of Roseville Business License” is added as follows:
“The Contractor shall obtain a business license from the City prior to commencing work.”
5-1.20B(7) OTHER PERMITS. Section 5-1.20B(7), “Other Permits” is added as follows:
“The Contractor in coordination with the Director shall procure any necessary permits which the City has not specifically mentioned as obtaining.” 5-1.31 JOB SITE APPEARANCE. The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply:
When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly.
The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be reused shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal.
Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in price paid for the various Contract items of work involved, and no additional compensation will be allowed therefore.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 5-1.38 MAINTENANCE AND PROTECTION RELIEF. Section 5-1.38 is deleted.
5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION. Section 5-
1.43 is deleted in its entirety and replaced with the following:
5-1.43A NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to payment for any additional compensation for any act or failure to act by the City, including failure or refusal to issue a Change Order, or for the happening of any event, thing, occurrence or other cause unless he or she shall have given the City due written Notice of Potential Claim as hereinafter specified.
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 three (3) 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 a complete information about its claim for additional compensation and/or extension of time for performance within fifteen (15) calendar 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
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 dispute resolution process in a diligent and timely manner as directed by the City, and shall be 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
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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.
The City will review any timely Notice of Potential Claim and supporting information 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 Standard Construction Specifications, including but not limited to Section 5-1.43B.
It is the intention of this Section 5-1.43A 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 he or she 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. 5-1.43B 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.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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) calendar 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 is undisputed. If the City does not respond to a Claim from the Contractor within the time 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) calendar 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) calendar 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 Claims that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claims shall be processed and made within sixty (60) calendar days after the public entity issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the 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
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall be responsible for 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 9-1.22. 5-1.46 FINAL INSPECTION AND CONTRACT ACCEPTANCE. When the Director has made the final inspection and determines that the Contract work has been completed in all respects in accordance with the Plans and specifications, the Director will recommend that the Roseville City Council formally accept the work, and immediately upon and after such Acceptance by the City, the Contractor will be responsible for the work done for a period of one (1) year.
SECTION 6. CONTROL OF MATERIALS
6-1.03 LOCAL MATERIALS. Local material sites used by the Contractor shall be graded so that, at the time of final inspection of the Contract, they will drain and will blend in with the surrounding terrain.
SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 7-1.02K(2) WAGES. The provisions of paragraphs 1and 2 of Section 7-1.02K(2) of the Standard Specifications are amended to read as follows:
“Pursuant to the provisions of California Labor Code Section 1773, the City has identified the source, stated below, of the general prevailing rate of wages applicable to the
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] work to be done, 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 workmen concerned.
The 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, and are incorporated herein as part of the Contract.
Pursuant to California Labor Code Section 1773.2, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.” 7-1.02K(6)(b) EXCAVATION SAFETY. For trenches or excavation five feet (5') or deeper, the Contractor shall obtain from the Division of Industrial Safety, a permit authorizing such construction.
7-1.02O VEHICLE CODE. Pursuant to the authority contained in Vehicle Code Section 591, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Vehicle Code Divisions 11, 12, 13, 14, and 15. Attention is directed to the statement in Section 591 that this section shall not relieve the Contractor nor any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of equipment and the protection of the public from injury and damage from such equipment. 7-1.03 PUBLIC CONVENIENCE. Section 7-1.03 of the Standard Specifications is amended in part as follows:
1. Delete paragraph 10 (“Install signs, lights, flares . . .”) and substitute the following:
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] “In order to expedite the passage of public traffic through or around the work, the Contractor shall install signs, lights, flares, temporary railing (type K), barricades, and other facilities for the sole convenience and direction of public traffic as may be required.
Also, as may be required, the Contractor shall furnish competent flaggers whose sole duties shall consist of directing the movement of public traffic through or around the work. The cost of furnishing and installing such signs, lights, flares, temporary railing (type K), barricades, flaggers, and other facilities shall be included in the lump sum paid for traffic control and no additional compensation will be allowed therefor.
In addition to the requirements previously specified for furnishing facilities and flaggers to expedite the safe passage of the public through or around the work, the Contractor shall at his or her expense furnish and erect within or adjacent to the work such warning, regulatory, or guide signs, markers, or devices as are necessary.”
2. Add a paragraph at the end of the section to read as follows:
“In addition to the requirements hereinbefore specified for furnishing facilities and flaggers for expediting the passage of public traffic through or around the work, the Contractor shall furnish and erect, within or adjacent to the limits of the Contract, such warning, regulatory, and guide signs as may be required. The Contractor shall furnish, install and remove all such signs. Payment for furnishing, installing and removing all such signs shall be included in the lump sum price paid for traffic control and no additional compensation will be allowed therefor.”
7-1.04 PUBLIC SAFETY. 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
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] shall have the authority and be solely and completely responsible for conditions on the job 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 worksite 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 IIP (Illness and Injury Protection 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 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
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] of CAL/OSHA. The Contractor shall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by his or her operations.
In accordance with California Labor Code Section 6705, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground.
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. The detailed plan showing design of shoring, bracing, sloping or other provisions shall be prepared by a registered civil or structural engineer in the State of California as required. 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 his or her registered engineer.
Notwithstanding any classifications relative to the Tunnel Safety Orders, Work within confined spaces on this project is subject to the definitions and applicable provisions of California Code of Regulations Section 8400 et seq., Title 8.
The Contractor shall so perform its Work as not to expose personnel to, or to discharge into the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction. 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.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Nothing in these Standard Construction Specifications 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. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor tight or explosion proof electrical installation is required by code, this shall be provided. In accordance with the provisions of Labor Code Section 6707, the Contractor shall provide adequate sheeting, shoring and bracing for employee protection, as provided in the proposal as separate Bid Items.
7-1.05 INDEMNIFICATION. The City of Roseville and its officers, agents, employees, and volunteers, including but not limited to the Director, 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 any 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, his or her workers, or anyone employed by the Contractor or his or her 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 harmless the City of Roseville and its officers, agents, employees, and volunteers from all claims, suits, or actions of every name, kind, and description, brought forth, or on account of, injuries to or death of any person including, but not
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] limited to, workers and the public, or damage to property resulting from the performance of the Contract, except as otherwise provided by statute.
The duty of the Contractor to defend, indemnify, and save harmless includes, but is not limited to, the duties to defend as set forth in Civil Code Section 2778. The Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.
It is the intent of the parties that the Contractor will defend, indemnify, and hold harmless the City of Roseville, its officers, agents, employees, and volunteers from any and all claims, suits, or actions as set forth above regardless of existence or degree of fault or negligence, on the part of the City, the Contractor, the subcontractor or employee of any of these; except the duty does not apply where the injury or damage is due to the sole or active negligence or willful misconduct of the City.
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.
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 City 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) calendar days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 9-1.16F, “Retentions,” of the Standard Construction Specifications.
C. If the City had 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 the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention. 7-1.06 INSURANCE COVERAGE. Section 7-1.06 Insurance in the Standard Specifications shall be deleted in its entirety and replaced with the following:
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 the award of the bid and prior to approval of the Contract by the City Council. Contractor shall provide ten (10) days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Roseville as Certificate holder.
B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies acceptable to the
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 liability policy shall be at least as broad as the ISO CG 2010 10 01 combined with ISO CGL Endorsement CG 2037 10 01. Any other endorsement must be approved in writing by the City.
Endorsements must include coverage for on-going and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. Endorsements shall cover the City of Roseville, its officers, agents, employees, and volunteers.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 covering Code 1 (any auto), or if contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Workers' Compensation: In accordance with the provisions of the California Labor Code, Contractor is required to be insured against liability for Workers'
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 any time, the policy shall cover the value of the work completed. The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 provide that the coverage is on an “occurrence” basis.
7-1.06A 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
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 Contract. Additionally, the Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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 approved by the City, in writing. Contractor shall be responsible for all deductibles, self-insured retention payments, and/or increased premiums incurred if the City’s policies of insurance are forced to cover damages or respond to claims for which Contractor or its Subcontractors were obligated to provide insurance under the Contract.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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.
SECTION 8. PROSECUTION AND PROGRESS
8-1.04 START OF JOB SITE ACTIVITIES. The Contractor shall begin work by the date specified in the “Notice to Proceed” letter, and the Contractor shall thereafter diligently prosecute the work to completion.
The Contractor shall notify the Director, in writing, of his or her intent to commence work at least seventy-two (72) hours before work is begun. The notice shall specify the date on which the Contractor intends to begin work. If a project has more than one (1) location of work, a separate notice shall be given for each location.
Should the Contractor begin work in advance of issuance of a “Notice to Proceed,” any work performed in advance of such issuance shall be considered to have been done at Contractor's own risk and as a volunteer.
SCS – 33
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 9. PAYMENT
9-1.11C PAYMENT INCLUSIONS. The following is added to Section 9-1.11C Payment Inclusions:
“No additional compensation will be made to the Contractor for claims of increased overhead costs occurring within the originally specified construction Contract period plus any time extensions granted by Change Order. No compensation for extended performance will be granted unless the delay exceeds more than half of the float time available at the time of the delay.”
9-1.16E(4) STOP NOTICE WITHHOLDS. The City may, at its option and at any time, retain out of amounts due the Contractor, sums sufficient to cover claims (including costs and attorneys’ fees), filed pursuant to California Civil Code Section 9350 et seq. 9-1.16F RETENTIONS. The Department shall retain five percent (5%) of the Contract price as part security for the fulfillment of the Contract by the Contractor. 9-1.16G PAYMENT OF WITHHELD FUNDS. Section 9-1.16G, “Payment of Withheld Funds” is added as follows:
“Except as otherwise prohibited by law, the Contractor may elect to receive all payments due under the Contract pursuant to without any retention. If the Contractor so elects, a deposit with the City of securities with a value equivalent to the retention that would otherwise be withheld by the City shall be made. Said security shall be as provided in California Public Contract Code Section 22300, and shall be approved by the City both as to sufficiency and form. In the alternative, the Contractor may elect to deposit such securities in an escrow account and enter into a standard form Escrow
SCS – 34
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] Agreement for Security Deposits in Lieu of Retention. Blank Agreements are available from the Public Works Director and the City Attorney's Office.” 9-1.17 PAYMENT AFTER CONTRACT ACCEPTANCE. “Final Payment” shall be made in accordance with this section. The Contractor shall, after the completion of the Contract, submit a final estimate of the amount of work done thereunder and the value of such work. Upon approval of the estimate by the Director, the City of Roseville shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty five (35) calendar days from the date of Acceptance of the work by the City Council, and thirty-five (35) calendar days after filing of the Notice of Completion with the County of Placer.
No certificate given or payments made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, and no payment (including the final payment) or certificate shall be construed to be an Acceptance of any defective work or improper materials. Final payment shall not release the Contractor from one (1) year guarantee of the work as provided in Section 7-1.17, “Acceptance of Contract” and Section 2-1.12 “Guarantee and Warranty” of these Specifications.
SCS – 35
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] SECTION 14. ENVIRONMENTAL STEWARDSHITP
14-8.02 NOISE CONTROL. The provisions of Section 14-8.02 of the Standard Specifications are amended by adding the following:
“The Contractor shall additionally conform to the provisions of Roseville Municipal Code Chapter 9.24 where such provisions are more restrictive than these specifications.”
14-9.01 AIR QUALITY GENERAL. The provisions of Section 14-9.01, “Air Quality General” of the Standard Specifications are amended by adding the following:
“Material to be disposed of shall not be burned unless the Contractor has obtained a permit to burn combustible material resulting from clearing and grubbing operations from the Placer County Air Pollution Control District and City of Roseville Fire Marshall. A copy of the permits shall be filed with the Director
before beginning any burning. All such burning shall be conducted in strict conformance with the provision stipulated in said permits and at such times and in such manner as to prevent fire from spreading to areas adjoining the right-of-way.” 14-11.02A ASBESTOS REMOVAL AND DISPOSAL. Section 14-11.02A, “Asbestos Removal and Disposal” is added as follows:
“The Contractor shall comply with all rules, regulations, statutes and ordinances regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601 and 40 C.F.R. Part 61, Subpart M.
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[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] 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.”
END OF STANDARD SPECIFICATIONS
ASSEMBLY BILL NO. 626
AB 626 - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] TEXT OF AB 626
Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
AB 626, Chiu. Public contracts: claim resolution.
Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration.
Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less.
This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified.
This bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement.
This bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor.
This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
AB 626 - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] By increasing the duties of local agencies and officials, this bill would impose a statemandated local program.
This bill would, on January 1, 2020, repeal the provision establishing the claim resolution process.
This bill would specify that these provisions constitute a matter of statewide concern.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The people of the State of California do enact as follows:
SECTION 1. Section 9204 is added to the Public Contract Code, to read:
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) ”Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) ”Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) ”Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) ”Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
AB 626 - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) ”Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) ”Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant 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 public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 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 public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 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
AB 626 - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
AB 626 - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\streets & bridges project manual.docx; 1/18/2024] (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SECTION 2.
The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.
SECTION 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
FOR THE
CITY OF ROSEVILLE
WESTBROOK BOULEVARD SINGAL INSTALLATION PROJECT
SCOPE
The work described in these Special Provisions must be done in conformance with the latest editions of the City of Roseville Design and Construction Standards, and 2025 State Standard Specifications and Plans, unless otherwise noted in these Special Provisions or Plans, except insofar as they may be modified by these Special Provisions
ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.
Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.
Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.07B:
Administrator: The Public Works Director, as created by law, also the City Agency: Department of Public Works, City of Roseville
Bidder: Prime Contractor
Bid book: Bid Proposal
City: City of Roseville
City Council: City Council of the City of Roseville, a Charter City in the State of California Contract Documents: Plans, Notice to Bidder and Special Provisions, and Bid Book and Contract Department: Department of Public Works, City of Roseville Department of Transportation: State of California Agency Department of Industrial Relations: State of California Agency District: The Public Works Department, City of Roseville Division of Labor Standards Enforcement: State of California Agency
Laboratory: The laboratories authorized by the Engineer to test materials and work involved in the contract
Office Engineer: City of Roseville, Department of Public Works Transportation Building: Department of Public Works, City of Roseville Replace the following definitions in section 1-1.07B:
Director: Director of Public Works, City of Roseville
Engineer: The Director of Public Works/City Engineer, and agents or assistants duly authorized by the Director of the Public Works/City Engineer to act on their behalf ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
5 CONTROL OF WORK
Add to section 5-1.01:
For the award of the "Project", the City will provide inspection and Resident Engineer (RE) on an eighthour (8) day and a forty-hour (40) week (Monday through Friday) basis only. You must reimburse the City at a rate of $175/hr for all inspection and $200/hr for RE time in excess of those hours listed above, including designated holidays and weekends. Requests for authorization to perform work outside the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday, must be made in writing at least 48 hours in advance.
Designated holidays are observed: New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day. When a designated holiday falls on a Saturday or Sunday, the preceding Friday or following Monday (respectively) must be a designated holiday.
Provide a competent person during normal working hours to assist the Engineer, when required, in checking lines and grades of the Contractor's layout and measuring quantities for payment purposes.
Cooperate with the Engineer so that checking, and measuring may be accomplished with the least interference to your operations. No additional compensation will be made to you for fulfilling this requirement.
Replace section 5-1.04 with:
5-1.04 Order of Work
The first Order of Work shall be to place the order for the luminares, poles, electrical equipment, and any other items with long lead times for procuring the materials upon the Engineer’s approval of submittals.
The Engineer shall be furnished a statement from the vendors that the order for the materials has been received and accepted by the vendor.
The Contractor shall prepare a written schedule denoting locations and times of planned activities, and other impacts. The schedule for planned activities shall be submitted to the Engineer before or at the time of the pre-construction meeting. Contractor shall note that Work shall not start unless a schedule has been submitted and accepted by the Engineer. The schedule shall be prepared and submitted using either Microsoft Project or Primavera P6, or similar software acceptable to the City.
The Contractor must field verify (USA) all existing utilities and shall submit the report to the Engineer prior to beginning any Work at each site. After the construction, the Contractor shall remove all USA markings
within the curb and sidewalk area from the residential streets. Removal shall be to a standard of what was existing prior to markings or better.
The Work shall be performed in conformance with the phases of construction shown on the Contractor's Traffic Control Plan and Stage Construction Plan as approved by the Engineer. At the discretion of the Engineer non conflicting Work in subsequent phases may proceed concurrently with Work in preceding phases.
The Contractor shall place and maintain Best Management Practices (BMP) in compliance with the Water Pollution Control Plan, the BMP’s shall remain in place until Work is completed.
General order of Work shall be as follows:
1. Materials submittal and ordering of all long lead time procurement items.
2. Prepare and submit WPCP, Stage Construction Plan, and Traffic Control Plan
3. Place and maintain erosion control Best Management Practices (BMP), the BMP’s shall remain in place until paving is completed.
4. Notify Underground Service Alert (USA) at (800) 642-2444 at least seventy-two (72) hours in advance of beginning Work on the Project
5. Locate all underground utilities and protect-in-place
6. Place Traffic Control plan and Changeable Message Sign (CMS)
7. Place temporary striping for all stages of Work
8. Complete Work per Contractor’s stage construction plans After paving the roadway and before the roadway is opened for use by the public, the Contractor shall place temporary pavement delineation.
Permanent pavement delineation shall be installed no later than fourteen (14) Calendar Days after paving.
Add to the end of section 5-1.09A:
The Department encourages the project team to exhaust the use of partnering in dispute resolution before you submit any potential claims.
Replace section 5-1.13E with:
5-1.13E Prompt Payment
Section 5-1.13E applies to all contracts.
Pay your subcontractors within 7 days of receipt of each progress payment under Pub Cont Code §§ 10262 and 10262.5. Pay other entities, such as material suppliers, within 30 days of receipt of each progress payment.
Each month, after the 15th and prior to 20th, submit the following payment information through the Department’s prompt payment monitoring system at https://caltrans.dbesystem.com:
1. Subcontractor’s or entity’s business name
2. Description of work performed
2.1. Bid item numbers or change order numbers
2.2. Written narrative of work performed
3. Value of work performed
4. Amount paid to subcontractor or entity
5. Withhold amount, if applicable
6. Explanation of withhold reasoning, if applicable
Your subcontractors and other entities may validate payments received using the prompt payment monitoring system.
If a subcontractor’s or other entity’s work is in dispute, provide a written withhold notification to the subcontractor or entity and the Engineer no later than 7 days after receipt of the corresponding progress payment that includes the following:
1. Value of the disputed work
2. Amount of the withhold being taken
3. Bid item numbers or change order numbers associated with the disputed work
4. Explanation of the deficiencies of the disputed work and how the corresponding value was calculated
5. Corrective actions to be taken for release of withheld amount The Department may request additional documentation from you to evaluate whether you applied the withhold in good faith.
If the Department determines your withhold was not applied in good faith or that you failed to submit the required withhold notification, the Department may withhold the same amount from your future progress pay estimate. The Department may also apply a 2 percent penalty on the withhold amount for every month payment is not made.
Add to the end of section 5-1.20A:
During the progress of the work under this Contract, work under the following contracts may be in progress at or near the job site of this Contract:
Coincident or Adjacent Contracts
Contract no. County–Route–Post Mile Location Type of work Coordinate lane closures and traffic handling with the Engineer and with contractors of coincident or adjacent projects. Potential conflicts may not be limited to the contracts listed above.
Replace section 5-1.26 with:
5-1.26A Summary
Section 5-1.26 includes specifications for furnishing and setting construction stakes and marks.
Conform to Chapter 12, Construction Surveys, of the Caltrans publication entitled, "Surveys Manuel," except as amended below.
5-1.26B Action Submittals
Section 5-1.26 includes specifications for furnishing and setting construction stakes and marks.
Before starting any survey work, submit for Engineer's approval the proposed procedures, methods, equipment, and typical stake markings to be used.
Upon completion of the construction staking and prior to acceptance of the contract, submit all computations, survey notes, and other data used to accomplish the work. 5-1.26C Materials
Stakes must be wooden hubs with sufficient length to assure solid embedment in the grounds. Use nails only when setting points on existing pavement.
5-1.26D Construction
You are responsible to provide all surveys at your cost to control the lines, elevations, and dimensions of the work in conformance with the plans. Any deviations from the lines, elevation, and dimensions shown on the plans must receive prior approval from the Engineer.
You are responsible for the accuracy of your own layout work and you are liable for the preservation of all established lines, grades, and layout points.
Furnish and set construction stakes and marks required for the completion of the work. Set stakes with the accuracy adequate to assure that the completed work conforms to the lines, grades, and sections shown on the plans. Remove construction stakes when no longer needed.
Set hubs using total stationing. Horizontal tolerances must be within the tolerances specified in the Caltrans Survey Manual.
Set grades stakes at even 50-foot stations and at vertical and horizontal transition points.
Only use a level to establish the elevation of all hubs and points used for setting grades. Submit the required cut-sheets to the Engineer prior to starting any work for approval.
Coordinate with the City for Vertical Control Benchmark. If you destroy any of the survey control points, replace the control points at your cost. Notify the Engineer before replacing the control points. The Engineer will verify you work.
Make all computations necessary to establish the exact position of the work from control points. Maintain neat, legible, and accurate records of all computations, survey notes, and other records necessary to accomplish the work. Submit such records prior to beginning the work that requires their use.
All delay and costs due to the correcting of survey points found to be out of tolerance will be your responsibility.
Stakes damaged or destroyed by the public or your operations will be replaced at your expense. Submit all survey records to the Engineer for the project records.
Add to section 5-1.32:
The contractor shall submit a haul route.
The haul route must be utilized by all construction traffic. Any observed deviation from this route shall result in damages in the amount of $1,000 per occurrence. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
6 CONTROL OF MATERIALS
Replace section 6-1.03B with:
6-1.03B Submittals
6-1.03B(1) General
Not Used
6-1.03B(2) Work Plan
For local material, such as rock, gravel, earth, structure backfill, pervious backfill, imported borrow, and culvert bedding, obtained from a (1) noncommercial source, or (2) source not regulated under California jurisdiction, submit a local material plan for each material at least 60 days before placing the material. The local material plan must include:
1. Certification signed by you and an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:
I am aware local material from a noncommercial source or a source not regulated under CA jurisdiction must be sampled and analyzed for pH and lead and may require sampling and analysis under section 6-1.03B(3) for other constituents of concern based on the land use history. I am aware that local material sources must not contain ADL at concentrations greater than 80 mg/kg total lead or equal to or greater than 5 mg/L soluble lead as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II. I am aware that a maximum quantity of material may be excavated at the site based on the minimum number of samples taken before excavating at the site under section 6-1.03B(3).
2. Land use history of the local material location and surrounding property
3. Sampling protocol
4. Number of samples per volume of local material
5. QA and QC requirements and procedures
6. Qualifications of sampling personnel
7. Stockpile history
8. Name and address of the analytical laboratory that will perform the chemical analyses
9. Analyses that will be performed for lead and pH
10. Other analyses that will be performed for possible hazardous constituents based on:
10.1. Source property history
10.2. Land use adjacent to source property
10.3. Constituents of concern in the ground water basin where the job site is located The plan must be sealed and signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State.
If the plan requires revisions, the Engineer provides comments. Submit a revised plan within 7 days of receiving comments. Allow 7 days for the review.
6-1.03B(3) Analytical Test Results
At least 15 days before placing local material, submit analytical test results for each local material obtained from a noncommercial source or a source not regulated under CA jurisdiction. The analytical test results must include:
1. Certification signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:
The analytical testing described in the local material plan has been performed. I performed a statistical analysis of the test results using the US EPA's ProUCL software with the applicable 95 percent upper confidence limit. I certify that the material from the local material source is suitable for unrestricted use at the job site, it has a pH above 5.0, does not contain soluble lead in concentrations equal to or greater than 5mg/l as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II, does not contain lead in concentrations above 80 mg/kg total lead, is free from all other contaminants identified in the local material plan, and will comply with the job site's basin plan and water quality objectives of the RWQCB.
2. Chain of custody of samples
3. Analytical results no older than 1 year
4. Statistical analysis of the data using US EPA’s ProUCL software with a 95 percent upper confidence limit
5. Comparison of sample results to hazardous waste concentration thresholds and the RWQCB's basin plan requirements and water quality objectives for the job site location 6-1.03B(4) Sample and Analysis
Sample and analyze local material from a (1) noncommercial source or (2) a source not regulated under CA jurisdiction:
1. Before bringing the local material to the job site
2. As described in the local material plan
3. Under US EPA Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846) The sample collection must be designed to generate a data set representative of the entire volume of proposed local material.
Before excavating at the (1) noncommercial material source or (2) a source not regulated under CA jurisdiction, collect the minimum number of samples and perform the minimum number of analytical tests for the corresponding maximum volume of local material as shown in the following table:
Minimum Number of Samples and Analytical Tests for Local Material Maximum volume of imported borrow
(cu yd) Minimum number of samples and analytical tests
< 5,000 8
5,000–10,000 12 for the first 5,000 cu yd plus 1 for each additional 1,000 cu yd or portion thereof
10,000–20,000 17 for the first 10,000 cu yd plus 1 for each additional 2,500 cu yd or portion thereof
20,000-40,000 21 for the first 20,000 cu yd plus 1 for each additional 5,000 cu yd or portion thereof
40,000–80,000 25 for the first 40,000 cu yd plus 1 for each additional 10,000 cu yd or portion thereof
> 80,000 29 for the first 80,000 cu yd plus 1 for each additional 20,000 cu yd or portion thereof
Do not collect composite samples or mix individual samples to form a composite sample.
Analyze the samples using the US EPA's ProUCL software with a 95 percent upper confidence limit. All chemical analysis must be performed by a laboratory certified by the SWRCB's Environmental Laboratory Accreditation Program (ELAP).
The analytical test results must demonstrate that the local material:
1. Is not a hazardous waste
2. Has a pH above 5.0
3. Has an average total lead concentration, based upon the 95 percent upper confidence limit, at or below 80 mg/kg
4. Is free of possible contaminants identified in the local material plan
5. Complies with the RWQCB's basin plan for the job site location 6 Complies with the RWQCB's water quality objectives for the job site location ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to section 7-1.03:
The use of flaggers, barricades and construction signing shall comply with the current edition of the MUTCD and/or State of California Manual of Traffic Controls for "Construction and Maintenance Work Zones" or as required by the Engineer. All construction traffic control devices shall be in place and operational prior to beginning work or different phases throughout the contract.
Temporary lane closures will be allowed only during approved working hours. Contractor to provide at least one through lane in each direction for two-way traffic on all existing streets throughout the construction project unless otherwise identified in these Special Provisions or approved in writing by the Engineer. Refer to Chart No. 1 and exhibit below for City street closure and working hour restrictions.
Only work that does not require motorized vehicles or power equipment shall be allowed with prior written approval by the Engineer on state, federal and designated holidays and outside of the noted working hours. If work outside the times specified below becomes necessary, request authorization from the Engineer to perform work outside of these hours at least 10 working days in advance.
Chart No. 1
Location: Direction: Working Hours: Description:
Westbrook Boulevard, all
locations except within
300’ of the intersection of
Westbrook Boulevard
and Solaire Drive
1 North and South 7:00 AM – 5:00 PM Hours for entire project duration.
Westbrook Boulevard,
within 300’ of the
intersection of
Westbrook Boulevard
and Solaire Drive
1 North and South 2 Monday, Tuesday,
Thursday, and Friday:
8AM-1:30PM,
2:30PM-5PM
Wednesday 8AM12:15PM, 1:15PM5PM
Hours for entire project duration.
Westbrook at
intersections with:
Solaire Drive, Earl Rush
Drive, Nicole Gee Drive,
Vista Grand Boulevard,
and Sierra Village Drive
3 All 7:00 AM – 5:00 PM Hours for entire project duration. 1 North and South: One (1) thru lane must be maintained at all times in each direction on Westbrook Boulevard. 2 Contractor to confirm with school administration if typical school hours are to change and City staff will assign hours on a case by case basis such as minimum days, a school event, etc. 3 All directions: One (1) approach lane and one (1) receiving lane to be maintained at all times for all legs of the intersection.
Contractor shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. You shall provide and maintain all traffic control and safety items. You will provide flaggers as required and you will be responsible for the entire cost of flaggers. You will assume the sole and complete responsibility for job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously 24 hours/day and shall not be limited to normal working hours.
The Contractor shall cooperate, keep current and notify the local police, City public information, public works and fire departments, ambulance services, post office, and trash collectors of his/her construction operation and traffic control changes at least three (3) working days before work is to begin or traffic changes are made. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements in keeping the working area clear of parked vehicles.
Unless otherwise approved by the Engineer, or as described in Chart No. 1, a minimum of one through lane in each direction, not less than 11’ wide, shall be maintained at all times on all roads within the construction limits. You shall submit a traffic control plan to the Engineer for acceptance. The traffic control plan shall include the anticipated limits and time required if City street closures are necessary as
described in Chart No. 1. The City requires a minimum review period of seven (7) days for Traffic Control Plans. The Contractor cannot begin any work until the Traffic Control Plan has been accepted by the City and the Contractor has notified adjacent businesses of the work and anticipated road closure and impacts. Portable changeable message signs shall be used for prior notifications of road/parking area closures.
The minimum traveled way described above shall be open for use by public traffic on Saturdays, Sundays, designated holidays, after 4:00 p.m. on Fridays and the day preceding designated holidays, and when construction operations are not actively in progress. Designated holidays are listed in Section 5-
1.01 of these Special Provisions.
Whenever vehicles or equipment are parked within a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators; placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or a C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed in a location approved by the Engineer.
Minor deviations from the requirements of this section and these Special Provisions concerning hours of work which do not significantly change the cost of the work may be permitted upon your written request, if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order.
You shall notify local residents and businesses 72 hours prior to cutting off their access for periods in excess of 2 hours. Notice must be given in writing two days prior to cutting off access and verbally the evening prior to cutting of access. For businesses that only have one primary driveway for access, you will coordinate the work to always maintain access to their driveway or develop an alternative access point for them. You will need to get in writing an approval from the business to modify their driveway location and provide that to the Engineer 72 hours prior to modifying the driveway. If two driveways access a single business, one of those driveways shall always remain accessible.
Personal vehicles of your employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic. No equipment will be allowed to be parked within any traffic lane or median after work hours.
You shall notify the Engineer of your intent to begin work at least 3 working days before work begins. You shall cooperate with local authorities relative to handling traffic through the work area and shall make your own arrangements to keep the working area clear of parked vehicles.
Three days prior to implementing any City approved road or lane closures, the Contractor shall notify the Engineer. The Contractor shall notify the Engineer at a minimum of seventy-two (72) hours in advance of any revisions to the road or lane closure schedules.
Portable Changeable Message Signs (PCMS) shall be placed at the locations identified below, as approved by the Engineer, and required by your Traffic Control Plans:
1. Westbrook Boulevard in the Northbound direction
2. Westbrook Boulevard in the Southbound direction
3. Sierra Village Drive in the Eastbound direction
4. Sierra Village Drive in the Westbound direction
5. Vista Grande Boulevard in the Eastbound direction
6. Vista Grande Boulevard in the Westbound direction
7. Nicole Gee Drive in the Eastbound direction
8. Nicole Gee Drive in the Westbound direction
9. Earl Rush Drive in the Eastbound direction
10. Earl Rush Drive in the Westbound direction
11. Solaire Drive in the Eastbound direction
12. Solaire Drive in the Westbound direction
Actual locations for the PCMS shall be placed as directed by the Engineer in the field.
PCMSs shall be placed at least fourteen (14) days prior to the start of construction and shall remain in place for the duration of the project. PCMSs shall not be removed without approval from the Engineer.
Payment for Portable Changeable Message Signs is to be included in the payment item for Traffic Control and no additional payments will be made to you for Portable Changeable Message Signs. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
8 PROSECUTION AND PROGRESS
Replace paragraphs of section 8-1.04B with:
The Contractor shall begin work no later than 15 calendar days after receiving the "Notice to Proceed" letter executed by the Director of Public Works or authorized staff representing the City of Roseville.
This work shall be diligently prosecuted to completion before the expiration of 90 Working Days beginning on the fifteenth calendar day after receiving the "Notice to Proceed" letter. Completion of Punch List items is included in the 90 Working Days.
A preconstruction meeting shall be held between you and the Engineer for the purpose of discussing the scope of work, contract drawings, specifications, existing conditions, materials to be tested, equipment to be used, and all essential matters pertaining to the prosecution and the satisfactory completion of the project as required. Your representative at this conference shall include all major superintendents for the work and may include major subcontractors and material suppliers.
You shall be responsible to coordinate utilities relocations within the project area. Coordination of utilities within the project limits, including relocations and maintenance of existing facilities shall be confirmed in writing by utility representatives and you prior to the preconstruction meeting or within five (5) working days after the preconstruction meeting.
Add to section 8-1.10:
The Contractor shall pay to the City of Roseville the sum of $4.000.00 per day, each and every calendar day’s delay in finishing the work (regardless of weather conditions) in excess of the number of working days to complete the entire project. Any payment made after the completion date shall not be construed as a waiver of liquidated damages.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
9 PAYMENT
Add to the beginning of section 9-1.00:
The Contractor shall furnish to the Engineer a cost break-down and schedule of values as specified in these Special Provisions and the State Standard Specifications.
Add to the end of section 9-1.02:
Payment for all work bid at a price per unit of measurement will be based upon actual quantities of work as measured upon completion unless otherwise noted. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the proposal.
The Contractor shall make no claim for anticipated profits, or loss of profit, for damages, or for any extra payment whatever because of any difference between the amount of work actually done or materials furnished and the estimated amount.
Replace the 1st paragraph of section 9-1.16A with:
Submit all requests for progress payments using the forms included in Appendix A:
1. Form CC 1: Progress Payment Request - This form is to be completed and signed by you and attached as a cover sheet to each request for payment. This form will be mandatory on all contract payment requests.
2. Form CC2: Progress Payment Request (Detail) - This form may be used by you to provide the detail required to verify the payment quantities. (City will accept your form if it provides the required information.)
3. Form CC3: Quantity Changes Verification Form - This form is required before any payment can be made based on actual quantities exceeding estimated quantities. At the conclusion of the project, the City will issue a "Balancing Change Order" incorporating all quantity increases and decreases in the contract item of work.
Add to section 9-1.17D(1):
The Contractor shall submit Form CC4: Final Release Form (see Appendix A). This form must accompany all requests for final payment.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION II GENERAL CONSTRUCTION
10 GENERAL
Add to the end of section 10-1.02C(2):
You must protect all irrigation component or systems not identified on the plans to be removed or relocated. Irrigation components/systems to be relocated shall be done before performing any other construction activity in the area.
If you damage any irrigation component or system you will replace it to an equal or better condition at your cost.
Replace section 10-1.02C(3) with:
You must protect all existing landscaping, including trees, not identified on the plans to be removed.
If you damage any landscaping not identified to be removed, you will replace it at your cost.
Add section 10-1.02F:
10-1.02F Potholing for Utilities
It is recognized by you and the City that the locations of existing utilities as shown on the plans are approximate, their actual location is unknown. Recognition is given to the fact there may be additional existing utilities unknown to either party to the contract. Location of utilities, as shown on the drawings, represents the best information obtainable from utility maps and information furnished by the various agencies and companies involved. The City warrants neither the accuracy nor the extent of the actual utilities involved.
All existing utilities are to remain in service and operational during construction. All required relocation of existing facilities which interfere with the work shall be made by the owning agencies or as identified in these Special Provisions and plans.
Perform all operations necessary to excavate, expose, and verify the location of existing utility mains and laterals that may cross or be in conflict with the proposed facilities and at tie-in locations.
Notify Underground Service Alert (USA) at 1-800-642-2444 and all utility companies which have underground facilities within the limits of work 72 hours before beginning any excavation work.
Where a possible at-grade conflict with existing underground utilities appears on the plans, determine its location a minimum of 100 feet ahead of the work prior to trenching unless prior pothole information is shown. Grade and alignment changes must be made only if approved by the Engineer.
The horizontal and vertical locations shown for the existing underground utilities are approximate. It is your responsibility to locate all utility lines in the construction area prior to excavation. Any damage to existing utility, structure, or service, whether or not indicated on the plans must be repaired at your expense in a manner approved by the Engineer.
Submit a report for each pothole. The report must be typed and clearly drawn to show all necessary details, including:
1. Sketch showing the location, date, depth, conditions encountered, person in charge of potholing, and any other information requested by the Engineer
2. Utility and City Public Work person(s) notified
Do not proceed with excavation operations where underground utilities lie as shown on the plans or marked by USA until related potholing work has been completed to the satisfaction of the Engineer. Notify the Engineer of any potential conflicts with underground utilities.
Hand dig as necessary to protect existing utilities.
Notify the Engineer of conflicts in which there is less than two foot of separation between the existing and proposed utility.
Payment for potholing utilities is included in the payment for the various items of work involved.
Replace the paragraph in section 10-1.04 with:
10-1.04A General
Not Used
10-1.04B Preconstruction Conference
As requested by the Engineer, the Contractor and representatives of sub-contractors may be requested to attend a preconstruction meeting. Agenda and preparation and distribution of the meeting minutes must be per the requirements set forth by the Engineer. 10-1.04C Progress Meetings
Schedule appropriately throughout progress of work at weekly intervals, or at intervals determined by the Engineer.
Make arrangements for attendance of appropriate participants, including Subcontractors.
Progress Meeting Agenda must be determined by the Engineer and may include:
1. Review minutes of previous meetings
2. Review of Work in progress
3. Field observations, problems, and decisions
4. Identification of problems which impede progress
5. Review: Submittal schedule; status of submittals; off-site fabrication; delivery schedules; and progress schedule
6. Corrective measures to regain projected schedules, if any
7. Planned progress during succeeding work period; Contractor to provide a three-week “look-ahead” schedule at each meeting; coordination of projected progress; effect of proposed changes on progress schedule and coordination
8. Maintenance of quality and work standards
9. Other business relating to Work
10-1.04D Safety Meetings
Run weekly meetings and require attendance of construction crew and Subcontractors. Record minutes and distribute copies within two calendar days after meeting to participants, the Engineer, and those affected by decisions made.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
12 TEMPORARY TRAFFIC CONTROL
Add to the beginning of section 12-1.01A:
Nothing in these Special Provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.03.
The Contractor shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The Contractor shall provide and maintain all traffic control and safety items. The Contractor assumes sole and complete responsibility for job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously 24 hours/day and shall not be limited to normal working hours.
Replace the section 12-1.04 with:
The payment for furnishing flaggers is included in the payment for Traffic Control System.
Add to the end of section 12-1.05:
At the pre-construction meeting, the Contractor shall submit a traffic control plan showing traffic control measures and/or, if approved, detours for vehicles and pedestrians affected by the construction work. A minimum of five (5) working days will be required to review and provide the Contractor with comments on the plan. The Contractor shall revise the plan per the City's comments until the plan is accepted by the Engineer. The Contractor will not be allowed to begin work until the Engineer has accepted the traffic control plan.
The Traffic Control Plan shall cover all stages of work, per site, and include (but not limited to) the following information and detail: (1) Street closures and detours including pedestrian access and detours; (2) construction, warning, detour and restriction signs, including "No Parking", “Loose Gravel”, “Construction Area Speed limit Signs,” and “Bump Ahead” signs; (3) temporary striping and pavement markers; (4) barricades; (5) flashing arrow signs; (6) lighted message boards; (7) portable delineators; (8) traffic barrels/channelizers; (9) lights, flares, flaggers, spacings, and taper lengths; (10) temporary railing (Type K) and crash cushions; (11) temporary pavement.
A copy of the accepted Traffic Control Plan must be kept at the job site at all times, including SubContractors.
The Contractor will be responsible for notifying residents and businesses of the proposed construction.
Notifications shall be distributed to residents and businesses within a 300 foot radius of the job limits at the intersections (end of curb return to end of curb return), including residents and businesses located on streets adjacent to the construction.
Notifications to affected residents and businesses within the Project area shall consist of two (2) phases.
The first phase notifies the affected residents and businesses of the upcoming construction through the use of “door hanger” type formatted notifications. The notification shall state the street name, the working hours, and the anticipated begin and completion dates for each street. The Contractor shall distribute the door hanger notifications a minimum of 5 (five) working days in advance of the work. The City will provide a digital copy of “door hanger” for use by the Contractor.
Notifications shall be tucked neatly in doorjambs, handles, or partially under mats. Notifications shall not be glued, stapled, tacked, or otherwise attached to property. The Contractor shall take care to stay on designated walkways during delivery of notifications and be polite to citizens encountered.
Where there is not existing signage restricting parking, the second phase consists of the Contractor posting “No Parking” signs on barricades 72 hours prior to the work. The “No Parking” signs shall also include the exact working day that the resurfacing and/or other work requiring "No Parking" signs will take place. A warning indicating that vehicles will be towed away at the owner’s expense shall also be included on the “No Parking” signs. In addition, the Contractor shall make available a 24-hour telephone number in case of emergencies and/or problems and shall post the telephone number on the “No Parking” signs. At the pre-construction meeting, Contractor shall submit to the Engineer a sample “No Parking” sign for acceptance. The Contractor shall be responsible for placing temporary “No Parking” signs in advance of any construction activity. Barricades shall be placed a maximum of 100 feet apart, on both sides of the affected street. (Not required for streets already marked “No Parking”).
The Contractor shall be responsible for placing “Construction Speed Limit” signs on both sides of the affected street one (1) hour prior to the Street being opened to traffic. The speed limit for the “Construction Speed Limit” signs cannot be reduced more than 10 mph below the posted speed. At the pre-construction meeting, Contractor shall submit to the Engineer a sample “Construction Speed Limit” sign for acceptance. Signs shall be placed a maximum of 500 feet apart, on both sides of the affected street.
Emergency access to driveways, intersections, and residential streets shall be maintained at all times. If vehicles are parked in the working area, the Contractor shall not attempt to move the vehicle. The Contractor shall notify the Engineer immediately, and the Engineer shall make proper arrangements to remove the vehicle.
Lane and street closure shall not be allowed without proper advance warning devices and signing in conformance with the State Standard Specifications and these Special Provisions.
Full compensation for complying with the above requirements shall be considered as included in the contract lump sum price paid for Traffic Control System and no additional compensation will be allowed.
Replace section 12-3.11D with:
Payment for construction area signs is included in the payment for Traffic Control System.
Add to the end of section 12-3.32B:
The PCMSs must be controlled either locally or remotely by a dedicated controller or computer.
Authorized users must be able to both locally and remotely override motorist information messages.
The general system functions of the PCMSs must be capable of:
1. Preventing any unauthorized users or systems from gaining access to the PCMSs through an industry authentication and encryption standard level of security.
2. Providing current operational status locally and remotely. Operational status must include current messages, communications system, and power status.
3. Delivering notifications either by telephone, voice, or text messages to alert support staff of trouble conditions.
4. Generating trouble alerts for conditions such as (1) low roadside equipment power or voltage, (2) system communications failure.
5. Measuring periodically and automatically the power levels of all equipment. Alert support staff, locally and remotely via a telephone message, in time to provide supplemental power before the system ceases to operate.
6. Displaying preprogrammed messages based on the time of day and day of week.
Add to the beginning of the RSS for section 12-3.32C:
Place PCMSs as dictated in Section 7 of these Special Provisions and as authorized by the Engineer.
Replace Not Used in section 12-3.32D with:
Payment for portable changeable message signs is included in the payment for Traffic Control System.
Add to section 12-4.01A:
When work is performed within 200’ of an intersection, the Contractor shall request that the traffic signal be placed in red flash. This shall apply to all intersections with the exceptions listed in the table below:
Intersection Signal in Red Flash
Westbrook Boulevard &
Pleasant Grove
Boulevard
Not permitted at any time
Westbrook Boulevard &
Pleasant Grove
Boulevard
Not permitted at any time
Westbrook Boulevard &
Solaire Drive
Not permitted during school hours*:
Monday, Tuesday, Thursday, and Friday: 8AM-1:30PM, 2:30PM-5PM Wednesday 8AM-12:15PM, 1:15PM-5PM
*Contractor to confirm with school administration if typical school hours are to change and City staff will assign hours on a case by case basis such as minimum days, a school event, etc.
The Contractor shall submit a Red Flash Request form at minimum 72 hours in advance of the date of work to the Resident Engineer and the City Traffic Engineering Team. Requests placed after 4:30pm shall be considered as placed 8:00am the following business day. The Red Flash Request Form is included in the City of Roseville Construction Standards. If no work is being performed with an intersection, the Contractor shall inform a City representative so the signal will be restored to normal operations. The intent is that the traffic signal is placed in Red Flash when lanes will be taken approaching and at the intersection and when work will occur within the limit lines.
At all intersections, the Contractor shall provide a minimum of 2 flaggers per intersection while the intersections are in red flash, or as determined by the Engineer.
The Contractor shall diligently progress with operations within signalized intersections and communicate with the Engineer for restoring signalized intersections to normal operations once the Contractor’s operations are complete within the limits of signalized intersections.
Replace section 12-4.02C(3)(d) with:
12-4.02C(3)(d) City Street Closure Requirements
With approval from the Engineer, the Contractor may close portions of streets as described and shown on Chart No. 1 and exhibit below.
Replace section 12-4.02C(3)(m) with:
12-4.02C(3)(m) City Street Closure Hour Charts and City Street Lane Requirement Charts Night work, full road closures and detours are not allowed. Comply with the requirements for a City Street Closure and Working Hours shown in the following chart:
Chart No. 1
Location: Direction: Working Hours: Description:
Westbrook Boulevard, all
locations except within
300’ of the intersection of
Westbrook Boulevard
and Solaire Drive
1 North and South 7:00 AM – 5:00 PM Hours for entire project duration.
Westbrook Boulevard,
within 300’ of the
intersection of
Westbrook Boulevard
and Solaire Drive
1 North and South 2 Monday, Tuesday,
Thursday, and Friday:
8AM-1:30PM,
2:30PM-5PM
Wednesday 8AM12:15PM, 1:15PM5PM
Hours for entire project duration.
Westbrook at
intersections with:
Solaire Drive, Earl Rush
Drive, Nicole Gee Drive,
Vista Grand Boulevard,
and Sierra Village Drive
3 All 7:00 AM – 5:00 PM Hours for entire project duration. 1 North and South: One (1) thru lane must be maintained at all times in each direction on Westbrook Boulevard. 2 Contractor to confirm with school administration if typical school hours are to change and City staff will assign hours on a case by case basis such as minimum days, a school event, etc. 3 All directions: One (1) approach lane and one (1) receiving lane to be maintained at all times for all legs of the intersection.
Add between the 1st and 2nd paragraphs of section 12-4.04C:
A pedestrian facility closure on the same side of the roadway is limited to no more than 1 block. When working on one side of the roadway, the pedestrian facility on opposite side of the roadway within the same block must be open for a sufficient pedestrian detour. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
13 WATER POLLUTION CONTROL
Add to section 13-1.04:
Submit a Water Pollution Control Lump Sum Cost Break-Down which itemizes the contract lump sum for water pollution control work. Use the Water Pollution Control Lump Sum Cost Break-Down provided in this section as the basis for the cost break-down. Use the Water Pollution Control Lump Sum Cost BreakDown to identify items, quantities and values for water pollution control work, including Temporary Water Pollution Control Practices. You are responsible for the accuracy of the quantities and values used in the cost break-down submitted. Partial payment for the item of water pollution control will not be made until the Water Pollution Control Cost Break-Down is approved by the Engineer.
Line items indicated in the Water Pollution Control Lump Sum Cost Break-Down in this section with a specified Estimated Quantity must be considered "Project-Specific Minimum Requirements." Incorporate Project-Specific Minimum Requirements with Contractor-designated quantities and values into the Water Pollution Control Lump Sum Cost Break-Down.
Line items indicated in the Water Pollution Control Lump Sum Cost Break-Down in this section without a specified Estimated Quantity must be considered by the Contractor for selection to meet the applicable "Minimum Requirements" as defined in the Manuals, or for other water pollution control work as identified in the "Construction Site BMPs Consideration Checklist" presented in the Preparation Manual. In the Water Pollution Control Cost Break-Down, list only those water pollution control practices selected for the project, including quantities and values required to complete the work for those items.
The sum of the amounts for the items of work listed in the Water Pollution Control Cost Break-Down must be equal to the contract lump sum price bid for water pollution control. Overhead and profit must be included in the individual items listed in the cost break-down.
Adjustments in the items of work and quantities listed in the approved cost break-down must be made when required to address amendments to the WPCP, except when the adjusted items are paid for as extra work.
No adjustment in compensation will be made to the contract lump sum price paid for water pollution control due to differences between the quantities shown in the approved cost break-down and the quantities required to complete the work as shown on the approved WPCP. No adjustment in compensation will be made for ordered changes to correct WPCP work resulting from your own operations or from your negligence.
At the Engineer’s discretion, the approved cost break-down may be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment in compensation for the item or items of work due to changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved cost break-down, the adjustment in compensation may be determined, at the Engineer’s discretion, in the same manner specified for increases and decreases in the quantity of a contract item of work in section 9-1.06.
At your request and approved by the Engineer, changes to the water pollution control practices listed in the approved cost break-down, including addition of new water pollution control practices, will be allowed.
Changes must be included in the approved amendment of the WPCP. If the requested changes result in a net cost increase to the lump sum price for water pollution control, an adjustment in compensation will be made without change to the water pollution control item. The net cost increase to the water pollution control item will be paid for as extra work as provided in section 4-1.05.
Payment for maintaining, removing and disposing construction site best management practices is included in the payment for water pollution control.
WATER POLLUTION CONTROL LUMP SUM COST BREAK-DOWN
ITEM ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY VALUE AMOUNT
Soil Stabilization
SS-1 Scheduling
SS-2
Preservation of
Property/Preservation of
Existing Vegetation
SS-3
Temporary Hydraulic Mulch
(Bonded Stabilized Fiber
Matrix)
SS-6
Temporary Erosion Control
(Straw Mulch with Stabilizing
Emulsion)
SS-7 Temporary Erosion Control
Blanket (On Slope)
SS-7 Temporary Erosion Control
Blanket (In Swale or Ditch)
SS-7 Temporary Cover (Geotextiles
and Mats)
SS-9 Earth Dikes/Drainage Swales
& Lined Ditches
SS-10 Outlet Protection/Velocity
Dissipation Devices
SS-12 Streambank Stabilization
Sediment Control
SC-1 Temporary Silt Fence
SC-4 Temporary Check Dam
SC-5 Fiber Rolls
SC-7 Street Sweeping
SC-10 Storm Drain Inlet Protection
Tracking Control
TC-1 Temporary Construction
Entrance
Wind Erosion Control
WE-1 Wind Erosion Control
TOTAL
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DIVISION III EARTHWORK AND LANDSCAPE
17 GENERAL
Add to the end of section 17-2.03D:
Surplus materials resulting from clearing and grubbing not to be reused in the project or salvaged to the City shall become the property of the Contractor unless otherwise specified, and he or she shall dispose of surplus materials off the City rights-of-way and easements. The disposal of such materials shall conform to all local ordinances and regulations of the City of Roseville. All costs, charges and fees associated with such disposal shall be borne by the Contractor. Surplus materials are not to be confused with salvaged materials, which shall remain the property of the City and shall be delivered to the City at no extra charge.
Replace the section 17-2.04 with:
All tree removal and root ball removal is considered clearing and grubbing and is included in the payment for "Clearing and Grubbing".
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19 EARTHWORK
Add to end of section 19-1.01A
The Contractor shall perform all excavation required for the complete project, to the lines and grades as shown on the Project Plans, as described in these Special Provisions, and as directed by the Engineer.
Replace section 19-1.04 with
Full compensation for any excavations required shall be considered as included in the prices paid for the various Contract items of Work, and therefore no additional payment shall be made.
Add the end of section 19-2.03A:
Excavated material not reused shall be disposed of in accordance with the provisions of Section 7-1.13, “Disposal of Material Outside the Highway Right of Way” and 16-1.04 “Removal and disposal of Materials”, of the State Standard Specifications.
The Contractor shall do all excavation of whatever substance is encountered to the lines and grades shown on the plans. All material suitable for use as backfill shall be piled in an orderly manner a sufficient distance from the side of the excavation to avoid overloading and to prevent sliding into the excavation. The Contractor shall do such grading as is necessary to prevent surface water from entering the excavation.
Excavations adjacent to the existing roadway shall be closed at the end of each day’s work. At the option of the Contractor, steel cover plates may be used at the end of each workday to cover excavations not backfilled adjacent to the roadway.
Excess excavated material suitable for use elsewhere in the construction may be reused therein. All surplus or unsuitable material shall become the property of the Contractor and shall be removed from the job site to a predetermined disposal site at the Contractor’s expense.
The Contractor shall remove and dispose of all water entering excavations. Disposal of water shall be done in a manner to prevent damage or nuisance to adjacent properties.
Existing asphalt concrete pavement that is to remain intact shall be saw cut in a neat, straight, parallel line.
All pavements damaged during the work shall be cut out in a rectangular pattern and removed and paved.
The maximum lift of backfill material shall depend upon the type of backfill material, relative compaction required, and proposed compaction method to be used, but in no case shall the loose lift thickness of any material exceed 8 inches.
Add section 19-2.03I:
19-2.03I Hazardous Material Disposition
During the course of trenching, grading, grinding, or other excavation, should potentially hazardous materials or other questionable materials be encountered, the Engineer shall be contacted immediately. The Contractor shall mark the site. The City will respond within 24 hours to investigate the site and render an opinion on the questionable materials regarding future action at the site. The intent is to minimize schedule delays to the construction.
The City will be responsible for delineating any required exclusions zones, removing and containerizing questionable material, as well as monitoring the work site for compliance with applicable health and safety compliance.
Removed material will be contained in drums, or drop boxes, depending on the volume, and temporarily staged within the fenced area behind the existing building located at the west side of the parking lot. The staging duration will only be long enough to obtain analytical laboratory results and confirm disposition instructions on the material. For each discovery, it is anticipated the material will be staged for less than 30 days.
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DIVISION V SURFACINGS AND PAVEMENTS
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37 SEAL COATS
Add to section 37-3.01B(2):
Aggregate for micro-surfacing must be Type II.
Replace section 37-3.03 with:
37-3.03 MICRO-SURFACINGS
37-3.03A General
37-3.03A(1) Summary
Section 37-3.03 includes specifications for applying micro-surfacings.
Applying a micro-surfacing shall consist of mixing a polymer modified, cationic micro-surfacing emulsion (MSE), aggregate, mineral filler, set-control additives, and water and spreading the mixture on a pavement surface where shown on the plans, in conformance with the provisions in these Special Provisions and State Revised Standard Specifications, and as directed by the Engineer.
37-3.03B Material
37-3.03B(1) Micro-surfacing Emulsion (MSE)
Micro-surfacing emulsion (MSE) shall be homogenous and shall conform to the provisions of these Special Provisions. The polymer shall be milled or blended into the asphalt or blended into the emulsifier solution prior to the emulsification process.
The MSE shall conform to the following requirements when tested in conformance with the following test methods:
Polymer Modified, Cationic Micro-Surfacing Emulsion (MSE) Specific Designation Test Method Requirement
Viscosity SSF @ 25°C AASHTO T59 15 – 90 seconds
Sieve, max AASHTO T59 0.30 percent
Settlement, 5 days, max ASTM D6930 or AASHTO T59 5 percent Storage Stability, 1 day, max AASHTO T59 1 percent
Residue by Evaporation, min California Test 331 64 percent Specification Designation for Residue
Specific Designation Test Method Requirement
Penetration @ 25°C, 100g, 5s, 0.1 mm AASHTO T49 40 – 90 Softening Point, min AASHTO T53 61°C
G*, @ 20°C, 10 rad/seca AASHTO T315 Report Only
Phase angle @ 50°C, 10 rad/sec, PA (max) –
PA baseb
AASHTO T315 Report Only
Stiffness, @ -12°C, MPa and M-value AASHTO T315 Report Only Torsional Recovery, % California Test 332 >21%
Polymer Content, % (by weight) California Test 402 >3.5% 25mm plates for the 50°C test.
8mm plates for the 20°C test.
37-3.03B(2) Water and Additives
Water shall be of such quality that the asphalt will not separate from the MSE before the micro-surfacing is placed on the pavement. If necessary for workability, a set-control agent that will not adversely affect the micro-surfacing product may be used.
37-3.03B(3) Mineral Filler
Mineral filler shall be Portland cement or hydrated lime that is free of lumps. Portland cement shall be either Type I, Type II, or combination thereof. The type of mineral filler shall be determined by the Contractor based on laboratory mix designs. The mineral filler will be considered part of the aggregate gradation requirement.
37-3.03B(4) Aggregate
The aggregate used for micro-surfacing shall be Type II. The material shall be free from vegetation matter and other deleterious substances. Aggregate shall be free of lumps and oversize particles. The aggregate shall be 100% crushed with no rounded particles, volcanic in origin and black in color. The use of gray or light-colored aggregate shall not be allowed. The Contractor shall specify in the bid proposal the name and location of the black rock aggregate quarry and shall provide certification at the preconstruction conference that the rock was crushed a minimum of 90 days prior. The Contractor shall submit samples of the black rock aggregate to the Engineer for review and acceptance.
Aggregate, prior to the addition of the MSE, shall conform to the provisions of these Special Provisions. If aggregates are blended, each component aggregate shall conform to the Sand Equivalent and Durability Index requirements of these Special Provisions when tested in conformance with the respective California Tests.
The percentage composition by mass of the aggregate (including mineral filler) shall conform to the following grading requirements when tested in conformance with California Test 202:
Type II
Sieve Size Percent Passing
3/8 inch (9.5 mm) 100
#4 (4.75 mm) 94 – 100
#8 (2.36 mm) 65 – 90
#16 (1.18 mm) 40 – 70
#30 (600 µm) 25 – 50
#200 (75 µm) 5 – 15
The aggregate (excluding mineral filler) shall conform to the following quality requirements:
Type II
Test California Test Requirement
Sand Equivalent (min) 217 70
Durability Index (min) 229 75
Percentage of Crushed Particles
(min)1
205 100%
Los Angeles Rattler
Loss at 500 Rev. (max)2
211 35%
1 CT205, Section D, is amended to read: “Any particle having 2 or more freshly, mechanically fractured faces shall be considered a crushed particle.”
2 Los Angeles Rattler shall be performed on the parent aggregate before crushing.
If the results of the aggregate grading do not meet the specified gradation, the micro-surfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice. However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a percentage passing (PP) range value +/- 1 in any of the Sieve sizes, but not
greater than +/-4, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:
Sieve Sizes Percentage
Passing
Allowable
Tolerances
Allowable
Tolerances
Allowable
Tolerances
Allowable
Tolerances
3/8 inch (9.5 mm) 100 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #4 (4.75 mm) 94 – 100 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #8 (2.36 mm) 65 – 90 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #16 (1.18 mm) 40 – 70 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #30 (600 µm) 25 – 50 PP +/- 1 PP +/- 1 PP +/- 1 PP +/- 1 #200 (75 µm) 5 – 15 PP +/- 1 PP +/- 1 PP +/- 1 PP +/- 1 PAYMENT TO CITY $5.00 per ton $7.50 per ton $10.00 per ton $15.00 per ton If the results of the Sand Equivalent test for aggregate do not meet the specified requirement, the microsurfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice.
However, if requested in writing by the Contractor and approved by the Engineer, the Micro-surfacing represented by the tests containing a sand equivalent Value below 70, but not less than 65, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:
Sand Equivalent Payment to City
70 or over NONE
68 – 69 $5.00 per ton
66 – 67 $7.50 per ton
65 $10.00 per ton
If the results of the Durability Index test for aggregate do not meet the specified requirement, the microsurfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice.
However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a durability index value below 75, but not less than 70, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:
Durability Index Payment to City
75 or over NONE
73 – 74 $5.00 per ton
71 – 72 $7.50 per ton
70 $10.00 per ton
When the results of 2 or all 3 of the aggregate grading, the Sand Equivalent, and Durability Index tests do not conform to the specified requirements, both or all three payments to the City shall apply. The City shall deduct these amounts from any moneys due or to become due to the Contractor.
Any progress payment made after the completion date shall not be construed as a waiver of material deductions.
No single aggregate grading, durability index or Sand Equivalent test shall represent more than 300 tons or one day's production, whichever is smaller.
37-3.03B(4)(a) Aggregate for Rut filling
Micro-surfacing (Type III) shall be used for rut filling and shall conform to these Special Provisions.
The aggregate used for Type III shall be grey rock aggregate. The grey rock aggregate shall be 100% crushed with no rounded particles. The material shall be free from vegetation and other deleterious substances. The Contractor shall submit samples and test results of the grey rock aggregate to the Engineer for review and acceptance.
Aggregate, prior to the addition of the MSE, shall conform to the provisions of these Special Provisions. If aggregates are blended, each component aggregate shall conform to the Sand Equivalent and Durability Index requirements of these Special Provisions when tested in conformance with the respective California Tests.
The percentage composition by mass of the aggregate (including mineral filler) shall conform to the following grading requirements when tested in conformance with California Test 202:
Type III
Sieve Size Percent Passing
3/8 inch (9.5 mm) 100
#4 (4.75 mm) 70 – 90
#8 (2.36 mm) 45 – 70
#16 (1.18 mm) 28 – 50
#30 (600 µm) 19 – 34
#200 (75 µm) 5 – 15
The aggregate (excluding mineral filler) shall conform to the following quality requirements:
Type III
Test California Test Requirement
Sand Equivalent (min) 217 70
Durability Index (min) 229 70
Percentage of Crushed Particles
(min)1
205 100%
Los Angeles Rattler
Loss at 500 Rev. (max)2
211 35%
1 CT205, Section D, is amended to read: “Any particle having 2 or more freshly, mechanically fractured faces shall be considered a crushed particle.”
2 Los Angeles Rattler shall be performed on the parent aggregate before crushing.
If the results of the aggregate grading do not meet the specified gradation, the micro-surfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice. However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a percentage passing (PP) range value +/- 1 in any of the Sieve sizes, but not greater than +/-4, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:
Sieve Sizes Percentage
Passing
Allowable
Tolerances
Allowable
Tolerances
Allowable
Tolerances
Allowable
Tolerances
3/8 inch (9.5 mm) 100 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #4 (4.75 mm) 70 – 90 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #8 (2.36 mm) 45 – 70 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #16 (1.18 mm) 28 – 50 PP +/- 1 PP +/- 2 PP +/- 3 PP +/- 4 #30 (600 µm) 19 – 34 PP +/- 1 PP +/- 1 PP +/- 1 PP +/- 1 #200 (75 µm) 5 – 15 PP +/- 1 PP +/- 1 PP +/- 1 PP +/- 1 PAYMENT TO CITY $5.00 per ton $7.50 per ton $10.00 per ton $15.00 per ton If the results of the Sand Equivalent test for aggregate do not meet the specified requirement, the microsurfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice.
However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a sand equivalent Value below 70, but not less than 65, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:
Sand Equivalent Payment to City
70 or over NONE
68 – 69 $5.00 per ton
66 – 67 $7.50 per ton
65 $10.00 per ton
If the results of the Durability Index test for aggregate do not meet the specified requirement, the microsurfacing represented by the test shall be removed within 5 working days of the Engineer’s written notice.
However, if requested in writing by the Contractor and approved by the Engineer, the micro-surfacing represented by the tests containing a durability index value below 70, but not less than 65, may remain in place. The Contractor shall pay to the City the following amount for the screenings represented by the test and left in place:
Durability Index Payment to City
75 or over NONE
73 – 74 $5.00 per ton
71 – 72 $7.50 per ton
70 $10.00 per ton
When the results of 2 or all 3 of the aggregate grading, the Sand Equivalent, and Durability Index tests do not conform to the specified requirements, both or all three payments to the City shall apply. The City shall deduct these amounts from any moneys due or to become due to the Contractor.
Any progress payment made after the completion date shall not be construed as a waiver of material deductions.
No single aggregate grading, durability index, or Sand Equivalent test shall represent more than 300 tons or one day's production, whichever is smaller.
37-3.03B(5) Mix Design
At least 7 working days before the micro-surfacing placement commences, the Contractor shall submit for approval of the Engineer a laboratory report of tests and a proposed mix design covering the specific materials proposed for use on the project.
The percentages of each individual material proposed in the mix design shall be shown in the laboratory report. Individual materials shall be within the following limits:
Micro-surfacing Mix Design
Material Proportion Limits
Residual Asphalt 7.5% to 10.5% by dry mass of
aggregate
Mineral Filler 0% to 3% by dry mass of aggregate
Additive As needed
Water As needed
Adjustments may be required during construction based on field conditions.
The mix design and aggregate tests shall be performed by a laboratory capable of performing the applicable International Slurry Surfacing Association (ISSA) tests. The proposed micro-surfacing mixture shall conform to the specified requirements when tested in conformance with the following tests:
Test ISSA Test Method Requirements
Wet Cohesion
@ 30 minute (Set) (min)
@ 60 minute (Traffic) (min)
TB* 139
12 kg-cm
20 kg-cm
Excess Asphalt TB* 109 540 g/m2
Wet Stripping (min) TB* 114 90%
TB* = Technical Bulletin
Test ISSA Test Method Requirements
Wet Track Abrasion
6-day soak loss (max)
1-hour soak
TB* 100
810 g/m2
538 g/m2
Displacement
Lateral (max)
Specific Gravity after 1000
cycles of 56.8 kg (max)
TB* 147A
5%
2.10 Classification Compatibility TB* 144 (AAA, BAA) 11 Grade Points Mix Time @ 25°C TB* 113 Controllable to 120 seconds
TB* = Technical Bulletin
The laboratory that performed the tests and designed the mixture shall sign the laboratory report. The report shall show the results of the tests on individual materials and shall compare their values to those required by these Special Provisions. The report shall clearly show the proportions of aggregate, filler (minimum and maximum), water (minimum and maximum), set control additive, and MSE solids content (minimum and maximum) based on the dry mass of aggregate. The laboratory shall report the quantitative effects of moisture content on the unit mass of the aggregate (bulking effect) in conformance with the requirements of ASTM Designation C 29M. Previous laboratory reports covering the same materials may be accepted provided the material test reports were completed within the previous 12 months. The mix design shall further show the recommended changes in mineral filler, water, and additive proportions for high temperature weather conditions by reporting proportions of materials required for 60 seconds of mix time with materials heated to 100°F. This 100°F mixing report will not be required for projects requiring nighttime application.
The component materials used in the mix design shall be representative of the micro-surfacing materials proposed by the Contractor for use on the project.
Once the mix design is approved by the Engineer, no substitution of other material will be permitted unless the materials proposed for substitution are first tested and a laboratory report is submitted for the substituted design in conformance with the provisions of these Special Provisions. Substituted materials shall not be used until the mix design for those materials has been approved by the Engineer.
The completed mixture, after addition of water and set control agent, if used, shall be such that the microsurfacing mixture has proper workability. At the expiration of the road closure hours, in conformance with the provisions in these Special Provisions, the micro-surfacing mixture shall be sufficiently cured to support unrestricted traffic.
37-3.03C Construction
37-3.03C(1) Surface Preparation
Before placing the micro-surfacing, the pavement surface shall be cleaned by sweeping, flushing or by other means necessary to remove loose particles of paving, dirt, vegetation, and other extraneous material. When required, the roadway surface may be fogged with water ahead of the spreader box. The application of the fog spray may be adjusted to suit temperatures, surface texture, humidity and dryness of pavement.
37-3.03C(2) Weather Conditions
The micro-surfacing mixture shall not be placed when the ambient temperature is below 55°F or during unsuitable weather. Micro-surfacing shall not be placed if rain is imminent or if there is the possibility that there will be freezing temperatures within 24 hours.
37-3.03C(3) Equipment
37-3.03C(3)(a) General
The equipment used by the Contractor for pavement cleaning and excess aggregate removal shall include a self-propelled rotary power broom, mobile pick-up broom or top dumping mobile pick-up broom. 37-3.03C(3)(b) Mixing and Spreading Equipment
The micro-surfacing shall be mixed in continuous pugmill mixers of adequate size and power for the type of micro-surfacing to be placed. All indicators shall be in conformance with the provisions of these Special Provisions and shall be in working order prior to commencing mixing and spreading operations.
Mixer-spreader trucks shall be equipped to proportion the MSE, water, aggregate, mineral filler, and setcontrol additives by volume. Rotating and reciprocating equipment on mixer-spreader trucks shall be covered with metal guards.
The mixer-spreader truck shall not be operated unless low-flow and no-flow devices and revolution counters are in good working condition and functioning and metal guards are in place. Indicators required by these Special Provisions shall be visible while walking alongside the mixer-spreader truck.
Aggregate feeders shall be connected directly to the drive on the emulsion pump. The drive shaft of the aggregate feeder shall be equipped with a revolution counter reading to the nearest one-tenth of a revolution.
In addition to the requirements of the fourth paragraph of section 5-1.33, “Equipment,” of the State Standard Specifications, the identifying number of mixer-spreader trucks shall be at least 3 inches in height, located on the front and rear of the vehicle.
The micro-surfacing mixture shall be spread by means of a spreader box conforming to sections 37-
3.03C(3)(b)(i) and 37-3.03C(3)(b)(ii).
37-3.03C(3)(b)(i) Spreader Box
The mixture shall be agitated and spread uniformly in the surfacing box by means of motor driven twinshafted paddles or spiral augers fixed in the spreader box. A front seal shall be provided to insure no loss of the mixture at the road contact point. The rear seal shall act as a final strike-off and shall be adjustable. The spreader box and rear strike-off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike-off. The spreader box shall have suitable means provided to side shift the box to compensate for variations in the pavement geometry, the box shall be adjustable. Spreader box skids shall be maintained in such manner as to prevent chatter (wash boarding) in the finished mat. The spreader box in use shall be clean and free of micro-surfacing and MSE at the start of each work shift.
The spreader box shall have a series of strike-off devices at the rear of the box. The leading strike-off device shall be fabricated of steel, stiff rubber or other suitable material. The number of strike-off devices shall be determined by the Contractor. The first strike-off device shall be designed to maintain close contact with the pavement during the spreading operations, shall obtain the thickness required, and shall be capable of being adjusted to the various pavement cross sections for application of a uniform microsurfacing finished surface. The final strike-off device shall be fabricated of flexible material suitable for the intended use and shall be designed and operated to ensure a uniform texture is achieved in the finished surface of the micro-surfacing. The final strike-off device shall be cleaned or changed daily if problems with longitudinal scouring occur.
Flexible fabric drags attached to the rear of the spreader box shall not be used. 37-3.03C(3)(b)(ii) Wheel Path Depression (Rut) Box
The wheel path depression (rut) box shall be designed to have adjustable strike-off devices to regulate the depth and shall have a width of between 5 feet and 6 feet. Hydraulic augers, or similar devices, shall be installed and shall be capable of moving the mixed material from the rear to the front of the filling chamber. These devices shall also be capable of guiding the larger aggregate into the center, deeper section of the wheel path depression, and forcing the finer material toward the outer edges of the spreader box.
The micro-surfacing mixture, to be spread in areas inaccessible to the controlled spreader box, may be spread by other methods upon approval of the Engineer.
Flexible fabric drags attached to the rear of the wheel path depression (rut) box shall not be used. 37-3.03C(3)(c) Mixer and Spreader Truck Calibration
Each mixer/spreader truck used on the project shall be calibrated in accordance with California Test 109.
The trucks shall be calibrated for rock, emulsion, cement, additives, and any mineral filler used.
Calibrations shall take place a maximum of 10 days prior to application of micro-surfacing. The Contractor shall notify the Engineer a minimum of 3 working days prior to calibration so that City representatives may make arrangements to observe.
For all material calibrated, 3 consecutive runs per gate setting shall be completed and these 3 test runs must not deviate from their combined mathematical average by more than 2.0%.
Calibrations will take place at most once a week or as required by the Engineer and no machine will be allowed to work on the project until the calibration has been completed and/or accepted 3 working days before the start of work. Weigh back tickets shall be submitted at the end of each work day that microsurfacing is placed.
With approval from the Engineer, Contractor may provide verified calibrations from other work performed within the previous 3 months from start of work, utilizing the same mix design proposed in this project, inlieu of the calibration requirements set forth in this section. 37-3.03C(4) Proportioning
Aggregate, mineral filler, MSE, water, and additives, including the set-control agent, if used, shall be proportioned by volume utilizing the mix design approved by the Engineer. If more than 1 kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately, prior to adding the other materials of the mixture, in a manner that will result in a uniform and homogeneous blend.
The aggregate shall be proportioned using a belt feeder operated with an adjustable cutoff gate. The height of the gate opening shall be determinable. The MSE shall be proportioned by a positive displacement pump. Variable rate emulsion pumps, if used, shall be calibrated and sealed in the pump's calibrated condition in conformance with California Test 109 prior to usage.
The delivery rate of aggregate and MSE per revolution of the aggregate feeder shall be calibrated at the appropriate gate settings for each mixer-spreader truck used on the project in conformance with California Test 109 and in conformance with the provisions of these Special Provisions.
The aggregate belt feeder shall deliver aggregate to the pugmill with such volumetric consistency that the deviation for any individual aggregate delivery rate check-run shall not exceed 2.0 percent of the mathematical average of 3 runs of at least 3 tons each. The emulsion pump shall deliver MSE to the pugmill with such volumetric consistency that the deviation for any individual delivery rate check-run shall be within 2.0 percent of the mathematical average of 3 runs of at least 300 gallons each. The water pump shall deliver water to the pugmill with such volumetric consistency that the deviation for any