Roseville City Council
June 17, 2026

INT - 4
[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.

INT - 5
[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

INT - 6
[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.

INT - 7
[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

INT - 8
[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.

INT - 9
[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.

INT - 10
[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.

INT - 11
[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.

INT - 12
[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.

INT - 13
[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

INT - 14
[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

INT - 15
[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.

INT - 16
[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.

III

PROPOSAL

PROP - 1
[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.

Dry Creek Greenway East Phase 1 Fence and Landscaping Project Public Works

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
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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
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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.

Dry Creek Greenway East Phase 1 Fence and Landscaping
Project
CONTRACTOR:

ITEM NO. * ITEM UNIT ESTIMATED

QUANTITY ITEM PRICE SUBTOTAL
1 Mobilization LS 1
2 Clear and Grub LS 1
3 Fence Post Foundations EA 150
4 Tubular Steel Fence Posts EA 159
5 Tubular Steel Fence Rails LF 2301
6 Redwood 1X6 SF 5671
7 Hinged Frames LS 1
8 Temporary High Visibility Fence LF 1100
Landscape/Site Furnishings
8 2-inch Caliper Tree EA 10
9 5 gallon Shrub EA 72
10 1-inch Valve, Drip Control Kit and Pressure Regulating Assembly EA 1
11 3/4-inch Schedule 40 PVC LF 989
12 Irrigation Drip Ring EA 14
13 Drip Emitter LS 300
TOTAL
* (F) denotes final pay item
(P) denotes partial payment
(S) denotes specialty item

SCHEDULE OF BID ITEMS
PROP - 10

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
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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
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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
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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
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END OF PROPOSAL

IV

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

V

INSURANCE BROKER

INFORMATION PACKET

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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.

Dry Creek Greenway East Phase 1 Fence and Landscaping Project

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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
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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.

INS - 6
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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

INS - 8
[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.

INS - 9
[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 $_________
Dry Creek Greenway East Phase 1 Fence and Landscaping Project

[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 $_________
Dry Creek Greenway East Phase 1 Fence and Landscaping Project

[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

VI

CITY OF ROSEVILLE

STANDARD CONSTRUCTION SPECIFICATIONS

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CITY OF ROSEVILLE

STANDARD CONSTRUCTION SPECIFICATIONS

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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

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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.

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[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.

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[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

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[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.

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[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

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[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.

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[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

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[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

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[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

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[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

SCS – 24
[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

SCS – 26
[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.

SCS – 27
[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'

SCS – 28
[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

SCS – 29
[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

SCS – 30
[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.

SCS – 31
[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.

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[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

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[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.

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[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

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.

VII

SPECIAL PROVISIONS

CITY PROJECT # 400022
The special provisions contained herein have
been prepared by or under the direction of the
following Registered Persons.

ROADWAY
Brian Wright, Registered Civil Engineer

STRUCTURES
Douglas Fredericks, Registered Civil Engineer
Brian Wright
59331
6/30/27
CIVIL
Douglas Fredericks
50863
9/30/27
CIVIL

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TABLE OF CONTENTS
CITY PROJECT # 400022............................................................................................................................ i SCOPE OF SPECIAL PROVISIONS ........................................................................................................... 1 ORGANIZATION........................................................................................................................................... 2 DIVISION I GENERAL PROVISIONS.......................................................................................................... 2 1 GENERAL ................................................................................................................................................. 2 2 BIDDING ................................................................................................................................................... 3 3 CONTRACT AWARD AND EXECUTION................................................................................................. 4 4 SCOPE OF WORK ................................................................................................................................... 4 5 CONTROL OF WORK .............................................................................................................................. 5 5-1.05 ORDER OF WORK....................................................................................................................... 6 6 CONTROL OF MATERIALS...................................................................................................................10 6-1.06 BUY CLEAN CALIFORNIA ACT................................................................................................. 10 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ...........................................................12 8 PROSECUTION AND PROGRESS........................................................................................................14 9 PAYMENT...............................................................................................................................................16 DIVISION II GENERAL CONSTRUCTION................................................................................................17 13 WATER POLLUTION CONTROL.........................................................................................................17 14 ENVIRONMENTAL STEWARDSHIP....................................................................................................18 DIVISION III EARTHWORK AND LANDSCAPE .......................................................................................21 17 GENERAL .............................................................................................................................................21 20 LANDSCAPE ........................................................................................................................................21 DIVISION VIII MISCELLANEOUS CONSTRUCTION ...............................................................................24 80 FENCES................................................................................................................................................24 DIVISION XI MATERIALS..........................................................................................................................25 PART 1 - GENERAL ...................................................................................................................................26 SUMMARY ..............................................................................................................................................26 ADMINISTRATIVE REQUIREMENTS ....................................................................................................26 SUBMITTALS..........................................................................................................................................26 QUALITY ASSURANCE..........................................................................................................................28 DELIVERY, STORAGE, AND HANDLING..............................................................................................28

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WARRANTY............................................................................................................................................28 MAINTENANCE SERVICE......................................................................................................................29 PART 2 - PRODUCTS ................................................................................................................................30 SYSTEM..................................................................................................................................................30 PART 3 - EXECUTION ...............................................................................................................................33 EXAMINATION........................................................................................................................................33 PREPARATION.......................................................................................................................................33 INSTALLATION.......................................................................................................................................33 FIELD QUALITY CONTROL ...................................................................................................................35 ADJUSTING ............................................................................................................................................36 CLOSEOUT ACTIVITIES ........................................................................................................................37 PART 4 - GENERAL ...................................................................................................................................38 SUMMARY ..............................................................................................................................................38 REFERENCES........................................................................................................................................38 ADMINISTRATIVE REQUIREMENTS ....................................................................................................38 PART 5 - PRODUCTS ................................................................................................................................39 MATERIALS ............................................................................................................................................39 PART 6 - EXECUTION ...............................................................................................................................39 PERFORMANCE.....................................................................................................................................39 PART 7 - GENERAL ...................................................................................................................................40 SUMMARY ..............................................................................................................................................40 REFERENCES........................................................................................................................................40 SUBMITTALS..........................................................................................................................................40 QUALITY ASSURANCE..........................................................................................................................40 PART 8 - PRODUCTS ................................................................................................................................41 MATERIALS ............................................................................................................................................41 PART 9 - EXECUTION ...............................................................................................................................41 EXAMINATION........................................................................................................................................41 PREPARATION.......................................................................................................................................41 PERFORMANCE.....................................................................................................................................42 PART 10 - GENERAL .................................................................................................................................43 SUMMARY ..............................................................................................................................................43 DEFINITIONS..........................................................................................................................................43 SUBMITTALS..........................................................................................................................................44

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QUALITY ASSURANCE..........................................................................................................................44 DELIVERY, STORAGE, AND HANDLING..............................................................................................44 WARRANTY............................................................................................................................................44 MAINTENANCE SERVICE......................................................................................................................45 PART 11 - PRODUCTS ..............................................................................................................................45 PLANT MATERIAL..................................................................................................................................45 INORGANIC SOIL AMENDMENTS ........................................................................................................46 ORGANIC SOIL AMENDMENTS............................................................................................................46 FERTILIZERS..........................................................................................................................................47

2.9 MISCELLANOUS PRODUCTS...................................................................................................48 PART 12 - EXECUTION .............................................................................................................................48 PLANTING AREA ESTABLISHMENT.....................................................................................................48 EXCAVATION FOR TREES AND SHRUBS...........................................................................................48 TREE AND SHRUB PLANTING..............................................................................................................49 TREE AND SHRUB PRUNING...............................................................................................................49 PLANTING AREA MULCHING ...............................................................................................................49 ROOT-BARRIER INSTALLATION ..........................................................................................................50 PLANT MAINTENANCE..........................................................................................................................50 PESTICIDE APPLICATION.....................................................................................................................50 CLEANUP AND PROTECTION ..............................................................................................................50 DISPOSAL...............................................................................................................................................51

3.16 FIELD QUALITY CONTROL.......................................................................................................51

APPENDIX A

APPENDIX B
DRY CREEK GREENWAY EAST PHASE 1 TRAIL PLANS -

NOTES AND GRADING SHEETS

PROGRESS PAYMENT/ FINAL RELEASE FORMS

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SPECIAL PROVISIONS
FOR
Dry Creek Greenway East Phase 1 Fence and
Landscaping Project

SCOPE OF SPECIAL PROVISIONS

1. The work described in these Special Provisions must be done in conformance with the latest edition of the City of Roseville Standard Construction Specifications, City of Roseville Design and Construction Standards, and Caltrans Standard Specifications and Plans, except insofar as they may be modified by these Special Provisions.

2. Numbering in these Special Provisions conforms to that in the Standard Construction Specifications. The existence of a section in these Special Provisions means that the corresponding section in the Standard Construction Specifications is modified in some respect. Unless otherwise specified, the Standard Construction Specification Provisions are deleted entirely, and the provisions of these Special Provisions are substituted.

3. The construction materials, payment, etc., for items of work shown in the proposal and on the plans, but not specifically mentioned in these Special Provisions are referred to the Standard Construction Specifications for conformance.

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ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the State 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 State 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 State Standard Specifications for any other reference to a paragraph of the State Standard Specifications.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.07B:

Definitions and Abbreviations – Whenever in the State Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents the following abbreviations and terms are used, the intent and meaning shall be interpreted as follows:

Abbreviation or Term Intent and Meaning
AGENCY The Department of Public Works, City of
Roseville
CITY The City of Roseville and its applicable
Departments
CITY COUNCIL City Council of the City of Roseville, a
Charter City in the State of California
CALTRANS State of California, Department of
Transportation
CRIHB California Rural Indian Health Board
DEPARTMENT The Department of Public Works, City of
Roseville
STATE STANDARD SPECIFICATIONS The State Standard Specifications issued by the State of California, Department of
Transportation, dated 2015, and
subsequent Revised Standard
Specifications
ADMINISTRATOR The Director of Public Works/City
Engineer, as created by law; also the City
Engineer

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ENGINEER City Engineer, and agents or assistants
duly authorized by the Director of the
Public Works to act on his behalf
DEPARTMENT OF TRANSPORTATION State of California Agency

DEPARTMENT OF INDUSTRIAL

RELATIONS
State of California Agency

DIVISION OF LABOR STANDARDS

ENFORCEMENT
State of California Agency
Replace the following definitions in section 1-1.07B:

Director: Director of Public Works, City of Roseville
Engineer: City Engineer, and agents or assistants duly authorized by the Director of the Public Works to act on his behalf
Delete Columbus Day in Holidays table in section 1-1.07B:
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
2 BIDDING
Add to section 2-1.01:

The bidder's attention is directed to the provisions in Section 2, "Bidding" of the State Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.

Add between the 1st and 2nd paragraphs of section 2-1.06B:

The City of Roseville makes the following supplemental project information available:

Supplemental Project Information
Means Description
Included as Appendix Dry Creek Greenway East Phase 1 Trail Plans – Notes and Grading Sheets
Available for inspection at:

City of Roseville
Final Geotechnical Design Report, Dry Creek
Greenway East Phase 1, dated April 2021
Add to section 2-1.10:

In addition to the subcontractors required to be listed in conformance with Section 2-1.10, "Subcontractor List" of the State Standard Specifications, each proposal must have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal.

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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
3 CONTRACT AWARD AND EXECUTION
Replace paragraph of Section 3-1.06 with:

The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
4 SCOPE OF WORK
Replace section 4-1.03 with:

The construction of the Dry Creek Greenway East Phase 1 Fence and Landscaping Project includes the following improvements:

1. Construction of a privacy fence

2. Planting and irrigation.

The work includes improvements including but not limited to clearing and grubbing, implementation of environmental mitigation requirements, excavation, minor grading as needed, fence construction, irrigation and planting, grading and erosion control measures, and all other improvements as shown on contract plans.

Add to section 4-1.06 with:

Attention is directed to Section 4-1.06, "Differing Site Conditions" of the State Standard Specifications.

During the progress of the work, if subsurface or latent conditions are encountered at the site differing materially from those indicated in the "Materials Information," log of test borings, other geotechnical data obtained by the Department's investigation of subsurface conditions, or an examination of the conditions above ground at the site, the party discovering those conditions must promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

The Contractor will be allowed 15 days from the notification of the Engineer's determination of whether or not an adjustment of the contract is warranted, in which to file a notice of potential claim in conformance with the provisions of Section 9-1.17D(2), "Claim Statement" of the State Standard Specifications and as specified herein; otherwise the decision of the Engineer must be deemed to have been accepted by the Contractor as correct. The notice of potential claim must set forth in what respects the Contractor's position differs from the Engineer's determination and provide any additional information obtained by the Contractor, including but not limited to additional geotechnical data. The notice of potential claim must be accompanied by the Contractor's certification that the following were made in preparation of the bid: a review of the contract, a review of the "Materials Information," a review of the log of test borings and other records of geotechnical data to the extent they were made available to bidders prior to the opening of bids, and an examination of the conditions above ground at the site. Supplementary information, obtained by the Contractor subsequent to the filing of the notice of potential claim, must be submitted to the Engineer in an expeditious manner.

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Full compensation for conforming to these requirements is considered as included in the contract price paid for various items of work and no additional compensation will be allowed therefor. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
5 CONTROL OF WORK
Add to section 5-1.01 with:

For the award of the “Project”, the City and the Resident Engineer will provide inspection on an eight-hour (8) day and a forty-hour (40) week (Monday through Friday) basis only. The Contractor must reimburse the City at a rate of $175 per hour and the Resident Engineer at $225 per hour for all inspection 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.

Attention is directed to Section 7-1.03,” Public Convenience” of the State Standard Specifications concerning project working hours.

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) shall be a designated holiday.

The Contractor must 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 for measuring quantities for payment purposes. The Contractor must cooperate with the Engineer so that checking, and measuring may be accomplished with the least interference to the Contractor’s operations. No additional compensation will be made to the Contractor for fulfilling this requirement.

Attention is directed to Section 81-4 (E) and 91-4 (E) of the City of Roseville Construction Standards regarding trenching within the existing roadway.

Replace the 2nd paragraph in section 5-1.02 with:

Any discrepancies or omissions found in the Contract Documents must be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within a reasonable time.

In resolving inconsistencies among two or more sections of the Contract Documents, precedence is given in the following order:

A. Notice to Contractors
B. Special Provisions
C. Project Drawings
D. City of Roseville Standard Construction Specifications (Latest Editions) E. City of Roseville Design and Construction Standards and Amendments (Latest Editions) F. City of Roseville Parks Construction Standards (Latest Edition) G. 2015 Revised Standard Specifications

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H. 2015 Caltrans Standard Specifications
I. 2015 State Revised Standard Plans
J. 2015 State Standard Plans
K. Supplemental Project Information
Addenda take precedence over all sections referenced therein. Figure dimensions on Drawings take precedence over scale dimensions. Detailed Drawings take precedence over general Drawings.

Replace section 5-1.05 with:
5-1.05 ORDER OF WORK
Prior to beginning work, the boundaries of the Environmentally Sensitive Areas (ESA) must be clearly delineated in the field. The boundaries must be delineated by the installation of temporary high-visibility fence.

Five working days prior to the start of any work, including grading, a qualified biologist, retained by the City will conduct mandatory Contractor/worker awareness training for construction personnel. The awareness training will be provided to all construction personnel to brief them on the need to avoid impacts on biological resources and the penalties for not complying with biological mitigation requirements. If new construction personnel are added to the project, the Contractor will ensure that the personnel receive the mandatory training from the biologist, or qualified person, before starting work. The training shall include relevant permit conditions and avoidance and minimization measures that protect sensitive species and habitats, as well as the penalties for non-compliance with state and federal laws, regulations, and permit requirements.

The training shall include information about the life history and habitat requirements of Central Valley steelhead and Central Valley fall-run Chinook salmon, of the valley elderberry longhorn beetle, requirements to avoid damaging the elderberry plants, and their potential to occur in the project site, as well as the terms and conditions of the Project’s Biological Opinions or other authorizing documents.

Prior to mobilization, the Contractor must contact Underground Service Alert (U.S.A.).

Attention is directed to "Water Pollution Control" of the State Standard Specifications The Contractor must also prepare a traffic control plan that conforms to Section 12, “Construction Area Traffic Control Devices” of the City of Roseville Construction Standards, the California MUTCD and as described within these Special Provisions prior to construction. The traffic control plan must be approved by the City of Roseville Public Works Traffic Section.

Attention is directed to "Progress Schedule" of these special provisions regarding the submittal of a general time-scaled logic diagram within 10 days after approval of the contract.

Contractor is responsible for identifying specific project elements, equipment, and approval processes that may require a long lead time or adversely affect the project schedule and make allowance for incorporating these into the overall project schedule.

The first order of work shall be to place the order for long lead time materials and equipment. The Contractor must place the order within 15 working days after the Notice to Proceed and after approval of the submittal. Should the City have to supply the Contractor with material and/or

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equipment to do the work, the Contractor will be charged accordingly per agreed upon cost. The Contractor must furnish the Engineer with a statement from the equipment vendor(s) that the order for said equipment has been received and accepted by said vendor(s). Said statement must include an anticipated date of delivery of said equipment to the Contractor. Said statement must be furnished to the Engineer within 15 calendar days of the Contractor's receipt of the Notice to Proceed. Lighting equipment must be completed by the end of the Contract. The Contractor must pay liquidated damages per the Special Provisions of this document if the installation of lighting cannot be completed within the above time frame.

The Contractor is responsible for determining the means and methods to obtain access to the project site.

Where improvements are immediately adjacent to property owners with landscaped or irrigated areas, Contractor must coordinate with the property owner to confirm the irrigation system to confirm irrigation system is not in conflict with, or has been relocated outside, the project improvements, and is in good working condition. Any damage to the existing irrigation by the Contractor must be repaired by the Contractor at the Contractor’s cost.

The Contractor must field verify the locations of existing irrigation systems prior to construction activities. No disruption of the existing irrigation watering system will be allowed during construction. All adjacent systems must maintain automatic programmed watering schedules throughout the construction. Full compensation for conforming to these requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

Contractor is responsible for obtaining a building permit prior to beginning construction of the fence. All work and fees associated with obtaining this permit is considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor
Add to section 5-1.20B with:

In addition to the requirements of Section 5-1.20B of the State Standard Specifications, the Contractor must obtain a business license from the City of Roseville prior to performing work.

The City of Roseville has received the following permits.

Permit Approval Date
City of Roseville Building Permit (BD25-2466) January 15, 2026 The Contractor must comply with all permit conditions and requirements. The Contractor must apply for an amendment to the Building Permit referenced above to add the Contractor to the Building Permit, before starting work.

No separate measurement or payment must be made for compliance with permit requirements, extensions. The Contractor must include the costs associated with these items in the various bid items to which the Work relates.

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Replace the paragraphs in section 5-1.26 with:

The requirements specified in the entire section of the State Standard Specifications are replaced as follows:

The Contractor is responsible to provide all surveys to control the lines, elevations, and dimensions of the work in conformance with the plans. Any deviation from the lines, elevations and dimensions shown on the plans must receive prior approval from the Engineer.

The Contractor is responsible for accuracy of his/her own layout work and is responsible and liable for the preservation of all established lines, grades, and layout points. Stakes damaged or destroyed by the public or operations of the Contractor will be replaced by the Contractor at his/her expense. The Contractor must submit all survey records to the Resident Engineer for the project records.

The Contractor is responsible for preparing the as-built drawings.

Full compensation for conforming to these requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

Add to section 5-1.32 with:

Attention is directed to the provisions in Section 5-1.32, "Areas for Use" of the Standard Specifications and these special provisions.

The roadway right of way must be used only for purposes that are necessary to perform the required work. The Contractor must not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work. The Contractor must not park any vehicles along residential streets within the project limits.

City owned property, easements and right of way must be used only for purposes that are necessary to perform the required work. The Contractor must not occupy the property, easements, or right of way, or allow others to occupy these, for purposes which are not necessary to perform the required work.

The Contractor must remove equipment, materials, and rubbish from the work areas and other City-owned property which the Contractor occupies. The Contractor must leave the areas in a presentable condition in conformance with the provisions in Section 4-1.13, "Cleanup" of the State Standard Specifications.

The Contractor must secure, at the Contractor's own expense, any other areas required for plant sites, storage of equipment or materials or for other purposes, if sufficient area is not available to the Contractor within the contract limits.

Add to the end of section 5-1.32:

Personal vehicles of your employees must not be parked on the traveled way or shoulders, including sections closed to traffic.

Add to section 5-1.36A with:

Add to section 5-1.36D with:

The City of Roseville is a member of the Underground Service Alert (USA). The Contractor must notify USA 1-800-642-2444 at least 72 hours in advance of beginning work on the project. The

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Contractor is cautioned that there may be underground and overhead utility facilities within the work area including telephone, electrical, cable television, gas, water and sanitary sewer transmission facilities, and storm drainage collection facilities.

Where possible conflicts may exist, the Contractor must verify the grade and location of existing underground utility prior to any work by careful hand digging.

It is recognized by the City and the Contractor 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. The Contractor is responsible to coordinate all his/her activities with all utility companies for the installation of the utilities that are shown to be done by the respective utility owners.

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 the Contractor 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 the Contractor's 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.

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In the event the Contractor discovers utilities not identified on the plans or by the utilities, the Contractor must immediately notify the Engineer and the utility owners by the most expeditious method reasonably available and later confirm in writing.

Full compensation for conforming to the requirements of this section, not otherwise provided for, is considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
6 CONTROL OF MATERIALS
Add to section 6-1.03 of the RSS:
6-1.03B Submittals
6-1.03B(1) General
Not Used
Add to section 6-1:
6-1.06 BUY CLEAN CALIFORNIA ACT
6-1.06A General
The following materials or products are subject to the Buy Clean California Act (Pub Cont Code § 3500 et seq.):

Material or product Material specifications
Carbon steel rebar Section 52-1.02B, "Bar Reinforcement" Structural steel Section 55-1.02D(1), "General," – Structural Steel table or Section 99, "Building Construction"
Flat glass Section 99, "Building Construction"
Mineral wool board
insulation Section 99, "Building Construction"
For product category rules and North America program operators for applicable materials or products, go to the METS website.

For projects with bid opening dates after November 30, 2018, through November 30, 2019, the Department collects existing environmental product declarations for materials or products subject to the Buy Clean California Act.
6-1.06B Definitions
environmental product declaration: Independently verified document created and verified in accordance with International Organization for Standardization (ISO) 14025 for Type III environmental declarations that identifies the global warming potential emissions of the facility-specific material or product through a product stage life cycle assessment. product category rule: Program operator established rule based on the science of life cycle assessment that governs the development of the environmental product declaration for the material or product.
product stage: Boundary of the environmental product declaration that includes (1) raw material supply, (2) transportation processes, and (3) processing operations, including

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operations such as melting, mixing, fabrication, finishing, curing, cooling, trimming, packaging and loading for transport delivery. Commonly referred to as a "cradle-to-gate" life cycle assessment.
program operator: Independent agency that supervises and confirms the full environmental product declaration development process in accordance with ISO 14025. raw material supply: Upstream processes which can include allocations, extraction, refinement, reclamation, handling and processing of the constituents used in producing the material or product.
transportation processes: Includes transportation of raw, reclaimed or recycled material constituents from the supplier to the gate of the manufacturer, producer or fabricator.

Includes transport of related waste products.
6-1.06C Submittals
At least 15 days before submitting environmental product declarations, you must register on the Department’s Data Interchange for Materials Engineering. Follow the registration process at:
https://dime.dot.ca.gov/
Submit available environmental product declarations for applicable materials or products as informational submittals to the Department’s Data Interchange for Materials Engineering and provide PDF copies to the Engineer.

Add to section 6-2.01A with:

Material testing for this project will be provided by the City as set forth in Section 6 "Control of Materials" of the State Standard Specifications.

The City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract.

Samples, certificates of compliance, list of materials and material sources, access to facilities, requests for testing and all other data relating to material testing shall conform to Section 6 "Control of Materials" of the State Standard Specifications. Contractor shall provide the Engineer with three (3) working days’ notice of the need for materials testing.

The Engineer will deduct the costs for testing of materials and work found to be unacceptable, as determined by the tests performed by the Department, and the costs for testing of material sources identified by the Contractor which are not used for the work, from moneys due or to become due to the Contractor. The amount deducted will be determined by the Engineer.

Full compensation for conforming to all requirements specified in this section, “Control of Materials,” shall be considered as included in the contract price paid for other items of work and no additional compensation will be allowed.
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7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to section 7-1.02M(2) of the RSS:

Hydrocarbon-fueled engines, both stationary and mobile, must be equipped with spark arresters pursuant to Pub Res Code § 4442 except for either of the following:

1. Motor trucks, truck tractors, buses, or passenger vehicles

2. Equipment powered by properly maintained exhaust-driven turbo-charged engines or equipped with scrubbers with properly maintained water levels Each toilet must have a metal ashtray at least 6 inches in diameter by 8 inches deep, half-filled with sand, and within easy reach of anyone accessing the facility.

Locate flammable materials at least 50 feet away from equipment service, parking, and gas or oil storage areas. Each small mobile or stationary engine site must be cleared of flammable material for a radius of at least 15 feet from the engine.

Before clearing and grubbing, clear a fire break at the outer limits of the areas to be cleared and grubbed. Where clearing and grubbing limits allow, use a minimum fire break width of 20 feet.

Each area to be cleared and grubbed must be cleared and kept clear of flammable material such as dry grass, weeds, brush, downed trees, oily rags and waste, paper, cartons, and plastic waste.

Cal Fire, USFS, and BLM have established the following adjective class ratings for 5 levels of fire danger for use in public information releases and fire protection signing: “low,” “moderate,” “high,” “very high,” “extreme.” Obtain the fire danger rating daily for the project area from the nearest Cal Fire unit headquarters, USFS ranger district office, or BLM field office. Monitor the National Weather Service daily forecasts for “fire weather watches” and “red flag warnings” covering the project’s locations.

If the fire danger rating is “extreme”, or “very high” or a “fire weather watch” is issued, then:

1. Falling of dead trees or snags must be discontinued.

2. No open burning is permitted and fires must be extinguished.

3. Welding must be discontinued except in an enclosed building or within an area cleared of flammable material for a radius of 25 feet.

4. Blasting must be discontinued.

5. Smoking is allowed only in automobiles and cabs of trucks equipped with an ashtray or in cleared areas immediately surrounded by a fire break unless prohibited by other authority.

6. Vehicular travel is restricted to cleared areas except in case of emergency.

7. Notify the City of Roseville Fire Department of planned activities as soon as the above fire rating is issued, and construction activities are planned within the project limits.

If the fire danger rating is “extreme” or a “red flag warning” is issued, take the precautions specified for a “very high” fire danger rating or a “fire weather watch” issuance, except:

1. Smoking is only allowed in automobiles and cabs of trucks equipped with an ashtray.

2. Work of a nature that could start a fire requires that properly equipped fire guards be assigned to such operation for the duration of the work.

The Engineer may suspend work wholly or in part due to hazardous fire conditions. The days during this suspension are non–working days. If field and weather conditions become such that the work is suspended, section 7-1.02M(2) will not be enforced for the period of the suspension.

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Add to section 7-1.03:

The use of flagmen, 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.

The Contractor shall submit at the Pre-Construction meeting a plan showing traffic control measures, haul routes and / or detours for vehicles and pedestrians affected by the construction work to the Engineer for review and acceptance. A minimum of 5 working days will be required to review and provide the Contractor with comments on the plan. The Contractor will not be allowed to begin work until a traffic control plan has been accepted by the Engineer. A copy of the traffic control plan/detour plan must be kept at the job site at all times.

Unless otherwise approved by the City or provided for in these specifications, construction activities which are under City contract shall not be permitted at any time other than between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 8:00 p.m. on Saturday, when approved by the City, including state, federal and designated holidays.

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.

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 concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor, 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.

The Contractor shall notify local residents 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. The Contractor shall cooperate with local residents for access to the maximum extent physically possible.

The Contractor shall notify businesses 72 hours prior to impacting their driveway access. The Contractor shall cooperate with businesses for access to the maximum extent physically possible.

If two driveways access a single business, one of those driveways shall remain accessible at all

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times. If only one driveway is used for access to a business, half of that driveway shall remain open at all times.

Personal vehicles of the Contractor's 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.

The Contractor shall notify the Engineer of his intent to begin work at least 3 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.

Ten days prior to any City approved road or lane closures, the Contractor shall notify the Engineer (phone 916-746-1300). The Contractor shall notify the Engineer and seventy-two (72) hours in advance of any revisions to the road or lane closure schedules.

Full compensation for complying with the above requirements shall be considered as included in the payment for the various contract items of work involved, and no additional compensation will be allowed.

Replace the 7th paragraphs of section 7-1.04 with:

Provide flaggers whenever necessary to ensure that the public is given safe guidance through the work zone. Flagging must comply with section 12-1.
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8 PROSECUTION AND PROGRESS
Add to section 8-1.02 with:

Attention is directed to the provisions in Section 8-1.02, "Schedule" of the Standard Specifications and these special provisions.

In addition to Section 8-1.02, "Schedule," of the State Standard Specifications, the Contractor shall submit a draft progress schedule to the Engineer at the pre-construction meeting, final work progress schedule 10 days prior to work commencement of work, and within 5 working days of the Engineers written request at any other time. The progress schedule shall state the location of work with stationing, the anticipated begin and completion dates and the type of construction operation anticipated for the locations of work with stations. Work that exceeds the stated completion date shall be understood as being out of conformance with the progress schedule and these Special Provisions.

The progress schedule shall clearly show the sequence and interdependence of construction activities and shall list specifically activities for obtaining, delivering, installing and completing of each major piece of equipment, materials and other supplies.

The construction schedule shall:
a) Be a calendar-time scaled network diagram.
b) Include time for the Engineer to review submittals or inspect the work. c) Identify the activities, which constitute the controlling operation or critical path.

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The Contractor’s schedule must minimize impacts to local residents, business owners, traffic and pedestrians. Where segments of the project work can be completed to avoid on-going impacts to adjacent property owners or the general public, such work must be scheduled to achieve this goal.

At the discretion of the Engineer, the Contractor shall attend a meeting one day per week for the duration of the project to discuss the project's schedule and construction issues with the City.

Meetings will be held at a location to be determined at a later date by the City.

Once each month, or as deemed necessary by the Engineer, the Contractor shall submit a revised progress schedule and participate with the Engineer in a schedule review to update activity progress.

Strict conformance to the progress schedule shall be maintained and revisions to the progress schedule may be allowed only upon written approval by the Engineer.

Scheduling of change orders or extra work orders is the responsibility of the Contractor. The Contractor shall revise the schedule to incorporate all activities involved in completing the change orders or extra work order and submit it to the Engineer for review and approval. With the concurrence of the Engineer, change or extra work orders of a magnitude less than $500 do not need to be scheduled, unless the order affects the project schedule or outside parties.

If the Engineer finds the Contractor is entitled to an extension of any completion date under the provisions of the contract the Engineer’s determination of the total number of days extension will be based upon the current analysis of the schedule and upon data relevant to the extension.

The Contractor acknowledges and agrees that delays to non-critical activities (those with float) will not be the basis for a time extension. Non-critical activities are those activities which, when delayed, do not affect the contract completion date. All float time will jointly belong to the City and Contractor.

Payment for work under this section shall be deemed included in other contract items, and no additional compensation shall be allowed therefor.

Replace paragraphs of section 8-1.04B with:

The Contractor shall begin work within 15 days after receiving the “Notice to Proceed“ letter executed by the Director of Public Works or authorized staff and shall thereafter diligently prosecute the work to completion.

Preconstruction Meeting – A preconstruction meeting shall be held between the Contractor 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. The Contractor's representative at this conference shall include all major superintendents for the work and may include major subcontractors and material suppliers.

Add to section 8-1.05 with:

All work, including punch list items, shall be completed within 66 working days from the beginning date specified in the Notice to Proceed letter. All punch list items shall be completed within the 66 working days prescribed above. A working day is defined as any weekday which is not a designated holiday listed in Section 5-1.01, “General”.

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Add to section 8-1.06 with:

In addition to the requirements specified in Section 8-1.06, “Suspensions”, of the State Standard Specifications, the following shall apply:

Suspensions of Work Ordered by the Engineer – If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons for such adjustment.

Upon receipt, the Engineer will evaluate the Contractor’s request. If the Engineer agrees that the cost or time or cost and time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by the weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Engineer will notify the Contractor of this determination whether or not an adjustment is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.

No contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this contract.

Any contract adjustment warranted due to suspension of work ordered by the Engineer will be made in the same manner as provided for right-of-way delays in Section 8-1.07 “Delays”, of the State Standard Specifications.

Add to section 8-1.10 with:

The Contractor shall pay to the City of Roseville the sum of $1,900 per day, for each and every calendar day's delay in finishing the work (including resident engineer and inspection time) in excess of the number of working days prescribed.

Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.
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9 PAYMENT
Add to section 9-1.02A with:

Payment for all work bid at a price per unit of measurement shall 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 material 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 whatsoever because of any

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difference between the amount of work actually done or material furnished and the estimated amount.

Replace section 9-1.06B and 9-1.06C with:

If the total bid item quantity differs from the quantity shown on the Bid Item List, no adjustment in unit price or lump sum cost will be made.

Replaced the 1st paragraph of section 9-1.16A with:

The Contractor shall submit all requests for progress payments using the forms included in Appendix B:

Form CC 1: Progress Payment Request - This form is to be completed and signed by the Contractor and attached as a cover sheet to each request for payment. This form will be mandatory on all contract payment requests.

Form CC2: Progress Payment Request (Detail) - This form may be used by the Contractor to provide the detail required to verify the payment quantities. (City will accept the Contractor's form if it provides the required information.) 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. This form must accompany all requests for final payment. (See Appendix B).
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DIVISION II GENERAL CONSTRUCTION
13 WATER POLLUTION CONTROL
Add to the end of section 13-1.01A:

Submit a water quality annual report for each reporting period from July 1st to June 30th.

Add to the end of section 13-3.01A:

This project's risk level is 2.

Replace the paragraphs in section 13-3.01D(2) with:

Discharges of stormwater from the job site must comply with the permit issued by the 5S/Central Valley RWQCB for National Pollutant Discharge Elimination System (NPDES) Permit (Order No. 2003-0005- DWQ), Permit No. CAS000004. The 5S/Central Valley RWQCB permit governs stormwater and

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nonstormwater discharges resulting from construction activities at the job site. The 5S/Central Valley RWQCB permit may be viewed at City of Roseville Publics Work Counter.

Payment of Water Pollution Control and Job Site Management shall be considered in the various items of work and no separate payment will be made therefor.
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14 ENVIRONMENTAL STEWARDSHIP
Add to the end of section 14-1.02:

An ESA exists on this project.

Before starting job site activities, install temporary high visibility fence to protect the ESA and mark its boundaries.

Install signs 100 feet apart along the length and at the ends of the temporary high visibility fence identifying the area as an ESA. Place the top of each sign flush with the top of the fence.

The signs must:

1. Be weatherproof and fade-proof

2. Be from 8-1/2 to 11 inches high and from 11 to 14 inches wide

3. Have the following message in black letters: “WARNING. THIS FENCE SHALL NOT BE REMOVED OR RELOCATED WITHOUT WRITTEN AUTHORIZATION FROM THE CITY OF ROSEVILLE.” The message must be legible from a distance of 20 feet by persons with 20/20 vision or vision corrected to 20/20.

The signs may be made of laminated printed paper attached to an inflexible weatherproof backer board.

Attach the signs to the temporary high visibility fence with tie wire or locking plastic fasteners.

Maintain the signs until Contract acceptance.

ESA signs must:

1. Be weatherproof and fade-proof

2. Be from 8-1/2 to 11 inches high and from 11 to 14 inches wide

3. Have a message that is legible from a distance of 20 feet by persons with 20/20 vision or vision corrected to 20/20

4. Be attached to the ESA barrier with tie wire or locking plastic fasteners The signs may be made of laminated printed paper attached to an inflexible weatherproof backer board.

Access to an ESA other than that described is prohibited.

Add to section 14-1.02
Temporary High Visibility Fence shall be measured per linear foot. Payment for Temporary High Visibility Fence shall include full compensation for furnishing all the labor, materials, tools, equipment, incidentals and for doing all the work involved installing temporary high visibility fence, as shown on the Plans, as specified in the State Standard Specifications, these Technical Specifications and as directed by the Engineer and no additional compensation will be allowed.

Add to the 1st paragraph of section 14-6.03A:

This project is within or near habitat for the regulated species shown in the following table:

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Regulated Species
Federally listed threatened Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) and its obligate host, elderberry shrubs (Sambucus nigra ssp. caerulea).

Federally threatened Central Valley steelhead (Oncorhynchus mykiss) and associated Critical Habitat, and Central Valley fallrun Chinook salmon (Oncorhynchus tshawytscha) and associated Essential Fish Habitat (EFH).

This project includes the sensitive habitats shown in the following table:

Sensitive Habitats
Jurisdictional wetlands
Jurisdictional Waters of the U.S.

Riparian
Oak Woodland
Add to section 14-6.03A:

Contractor’s attention is directed to the requirements in the approved Dry Creek Greenway East environmental document and permits for this project. All mitigation measures presented in the approved permits and environmental document must be implemented.

Contractor’s attention is directed to the Dry Creek Greenway East Phase 1 plan sheets provided in Appendix A. All tree preservation measures presented on the Dry Creek Greenway East Phase 1 Trail project notes sheets and grading sheets provided in Appendix A must be implemented.

Pursuant to Section 21081.6 of the CEQA Guidelines, a Mitigation Monitoring Plan (MMP) has been established for this project. The purpose of this program is to assure diligent and good faith compliance with the Mitigation Measures which have been recommended in the environmental document, and adopted as part of the project or made conditions of project approval, in order to avoid or mitigate potentially significant effects on the environment. The Contractor shall be responsible to read and adhere to the conditions of the mitigations approved in the Environmental Document.

The following mitigation measures must be implemented:
• Mitigation Measure 4.3-3a: Avoidance and Minimization Measures:

The following measures shall be implemented to avoid or minimize effects to VELB and/or its habitat during construction of the proposed project.
a. A worker awareness training program for construction personnel shall be conducted by a qualified biologist prior to beginning construction activities. The program shall inform all construction personnel about the life history and status of the beetle, requirements to avoid damaging the elderberry plants, and the possible penalties for not complying with these requirements. Written documentation of the training shall be submitted to the USFWS within 30 days of its completion.
b. If elderberry shrubs can be retained within the project footprint, the City shall avoid indirect impacts by implementing the following measures, to the extent feasible, or equivalent measures agreed to in consultation with USFWS. Minimization measures include:

1. Avoidance Area. An avoidance area shall be established at least 20 feet from the dripline of an elderberry shrub for any activities that may damage or kill the elderberry shrub (e.g., trenching, paving, etc.).

2. Fencing. All areas to be avoided during construction activities shall be fenced and/or flagged as close to construction limits as feasible.

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3. Signage. Signage shall be posted every 50 feet along the buffer area with the following information, “This area is habitat of the valley elderberry longhorn beetle, a threatened species, and must not be disturbed. This species is protected by the Endangered Species Act of 1973, as amended. Violators are subject to prosecution, fines, and imprisonment.” The signs shall be clearly readable from a distance of 20 feet and must be maintained for the duration of construction.

4. Timing. To the extent feasible, all activities that could occur within 165 feet of an elderberry shrub, shall be conducted outside of the VELB flight season (March - July).

5. Erosion Control and Revegetation. Erosion control measures will be implemented to restore areas disturbed within 165 feet of elderberry shrubs and the affected area will be re-vegetated with appropriate native plants.

6. Chemical Usage. Herbicides will not be used within the drip-line of the shrub. Insecticides will not be used within 100 feet of an elderberry shrub. All chemicals will be applied using a backpack sprayer or similar direct application method.

7. Mowing. Mechanical weed removal within the drip-line of the shrub shall be limited to the season when adults are not active (August - February) and shall avoid damaging the elderberry.

8. Pre-construction and post-construction surveys. Pre-construction surveys shall document compliance with mitigation measures. The post-construction survey shall confirm that there was no additional damage to any of the elderberry shrubs than as described in this document.

9. Construction monitoring. A qualified biologist shall monitor the work area at projectappropriate intervals to assure that all avoidance and minimization measures are implemented. The amount and duration of monitoring will depend on the project specifics and shall be discussed with a USFWS biologist.

10. Elderberry Shrub Protection and Management Plan. The City will develop as part of the Section 7 consultation process with USFWS for the Dry Creek Greenway Multi-Use Trail project an elderberry shrub protection and management plan that will include how the buffer areas are to be protected, restored, and maintained after construction is completed and the City will ensure that ground disturbing activities on the project site do not alter the hydrology for shrubs to be protected or otherwise affect the likelihood of vigor or survival of elderberry shrubs. The Elderberry Shrub Protection and Management Plan shall be consistent with the City’s Open Space Preserve Overarching Management Plan. • Mitigation Measure 4.3-4: Nesting Raptors: If any construction activities are scheduled to occur during the nesting season (February 15 through August 31), a pre-construction nesting bird survey must be conducted by a qualified biologist two weeks prior to construction to determine the presence/absence of nesting birds within the project area. Impacts to nesting raptors shall be avoided by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. No project activity shall commence within the buffer areas until a qualified biologist has determined the young have fledged, the nest is no longer active, or reducing the buffer, in coordination with CDFW, would not likely result in nest abandonment.

Monitoring of the nest by a qualified biologist during construction activities shall be required if the activity has potential to adversely affect the nest. Trees shall not be removed during the breeding season for nesting raptors unless a survey by a qualified biologist verifies that there are not active nests within the trees or within 500 feet of the trees proposed to be removed. A qualified biologist must be present on site during initial ground disturbance. • Mitigation Measure 4.3-8: Avoid impacts or mitigate for impacts to Valley Oak Woodland, and other Sensitive Vegetation Alliances and Associations: To the maximum extent feasible, oak and riparian trees shall be avoided where possible and protection measures shall be implemented by

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the Contractor to protect oak woodlands, riparian areas and associated native trees from projectrelated impacts.

Full compensation for completing all work associated with all environmental and permitting requirements, including all mitigation measures is considered as included in the various bid items and no additional compensation will be allowed therefor.
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DIVISION III EARTHWORK AND LANDSCAPE
17 GENERAL
Add to section 17-2.01:

Vegetation shall be cleared and grubbed only within the excavation and embankment slope lines.

Removal of existing tree stumps and trees less than 6” diameter, as shown on plans, is included in clearing and grubbing. During the Pre-construction meeting and prior to site mobilization, the Contractor shall coordinate tree removal of trees designated for removal with City of Roseville – Park Maintenance Division staff. Tree stumps, logs and downed trees, within the limits of demolition, shall be removed as part of the Contractor’s clearing and grubbing of the site.

Do not injure standing trees, plants, and improvements shown to be protected or not marked for removal.

Replace section 17-2.04 Payment:

Full compensation for all work associated with Clearing and Grubbing, including all tree trimming, is considered as included in the lump sum price paid for Clearing and Grubbing and no additional compensation will be allowed therefor.

Trees smaller than 6” diameter are considered as general clearing and grubbing and will not be paid for separately. Logs, stumps and downed trees are considered as general clearing and grubbing. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
20 LANDSCAPE
20-1 LANDSCAPE AND IRRIGATION IMPROVEMENTS

GENERAL
The work consists of:

1. Planting of new trees and shrubs shall be as shown on the project plans Contractor is directed to Section 15 “Existing facilities” section of the State Standard Specifications for rerouting existing irrigation lines, sprinkler heads, and landscaping and repair any that would be damaged with the installation of the fence.

Any necessary planting shall conform to the provisions in Section 20, “Landscape,” of the State Standard Specifications. Work consists of planting trees and plants as shown on plans.

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See DIVISION XI MATERIALS for additional specifications related to planting and irrigation materials.

Plant materials shall meet or exceed the American Nurserymen Association standards, as specified in the current edition of American Standard for Nursery Stock published by the American Association of Nurserymen, Inc. Provide plant materials in accordance with applicable California Agricultural Codes.

Trees and plants shall be guaranteed to be in good, healthy, and flourishing condition of active growth at the end of two growing years from the date of final acceptance by the Engineer of the planting work.

Plants shall be vigorous and of normal habit of growth and shall be free of girdling roots, disease, insects, insect eggs and larvae. Trees shall have straight trunks with the leader intact, unless otherwise specified.

All abrasions and cuts shall be completely callused over. Plants shall be of standard size for container and species, unless specified otherwise in the plans. Any undersized material shall be rejected. The heights of plants and of branching shall be measured where the branches are in normal positions. Plants shall not be pruned prior to delivery, except upon special approval.

Irrigation shall conform to the provisions in Section 20-10, “Existing Landscape,” of the State Standard Specifications, as amended by the latest version of the Revised Standard Specifications.

Prior to beginning any work adjacent to an existing irrigation system, the Contractor will coordinate with the Engineer and the property owner to test the irrigation system in the presence of the Engineer and the owner, in order to determine the limits and condition of the system. Note any existing deficiencies and outline proposed modifications necessary to permit construction of the proposed project improvements. Provide this information to the Engineer and the property owner prior to making any modifications to the system.

During construction, protect the irrigation systems to remain in place. Cap, relocate, and modify irrigation system as necessary to provide a working system that completely irrigates the existing landscaping similar to pre-project conditions. Schedule and test the system in the presence of the Engineer and the property owner.

It is the intention of this section of the Specifications, together with the plans, to accomplish the work of installing an irrigation and water supply system, which will operate efficiently and provide full coverage.

The plans indicate the general arrangement of piping and equipment, but do not necessarily indicate all offsets, fittings, and accessories that may be required. The Contractor shall furnish any incidental materials and labor not specifically called for but required to complete the work intended.

MEASUREMENT AND PAYMENT
Tree and shrub planting shall be measured on a per unit (EA) basis.

Irrigation elements shall be measured and paid for per unit shown on the bid item list and shall include full compensation for furnishing all the labor, materials, tools, equipment and incidentals and for doing all the work involved in installing the irrigation equipment for the new landscaping as shown on the plans, testing and repairing the irrigation system complete in place, as shown on the Plans, as specified in the State Standard Construction Specifications, these Technical Specifications and as directed by the Engineer and no additional compensation will be allowed.
20-2 THREE-MONTH MAINTENANCE FOR LANDSCAPE ESTABLISHMENT General
Work in this section includes the growing and maintenance operations necessary to establish the planting as installed per the project plans
Note that final acceptance and completion of the project will not occur until the end of the 3- month landscape maintenance period

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Submittals
Soil Testing: Contractor shall collect 4 one-quart samples in the proposed planting areas and submit to Soil and Plant Laboratory of Santa Clara, (408) 727 0330, or other approved laboratory, for maintenance period fertilizer recommendations. Test results shall be made available to the City’s Representative.

Sample shall be a representative composite taken from several planting areas. Cost of soil test shall be paid for by the Contractor.

Materials
Fertilizer: Used during the course of the maintenance period shall be determined by soils test required under Part 1 of this Section. For bidding purposes only, assume the use of blood and bone meal, fishmeal, kelp or compost tea. Available from Lyngso Garden Materials, www.lyngsogarden.com.

Water: During the course of construction period water shall be paid for by the Contractor.

Herbicide: Herbicide shall NOT be used. use Integrated Pest Management for weed control as well as measures described on following page.

Execution
Time Limits: The maintenance period shall commence from the date of substantial completion as defined below, and extend for a 2-year period thereafter, or until the acceptance of Final Completion, whichever is longer.

Fertilizer Application: Fertilizer(s) shall be applied per Soil and Plant Laboratory recommendations. For bidding purposes, assume initial application to be four weeks after planting and subsequent applications to be at 45-day intervals.

Herbicide Application: Herbicide shall NOT be used. All planting areas shall be kept weed free by nonherbicide methods during this time period.

Weed Management:
• Identify key weeds: Contractor will identify key weeds present and design weed manage program to target those species.
• Invasive plants: Invasive plant species may have been included in the plantings inadvertently.

Seedlings and/or suckers from those plants shall be removed by the Contractor. Refer to www.bayfriendly.org or www.cal-ipc.org for a list of invasive species. Remove all invasive plants not planted intentionally as noted in the Section below
• Controls: Cultural/Mechanical/physical methods will be used as the first choice in weed management. 1) Monitor planting areas frequently to identify and eradicate weeds early in the growth stage prior to their setting seed.
2) Cut or pull weeds using hand operated equipment where possible. 3) Mulches shall be maintained at all times over soil surface that is not covered by vegetation.

Basic Requirements: All planting areas shall be kept weed-free during the maintenance period.

Contractor shall mow the hydroseeded areas 2-3 times per growing season (mid-February – June 1st).

All pest and disease control shall be the Contractor’s responsibility. Settlement of soil and plants and soil erosion shall be repaired and areas replanted as required. No chemicals or herbicides nor gas-driven blower backpacks shall be used in the City of Roseville per the City’s environmental policies.

Final Review: Contractor shall request a final review of the project at least five days in advance of the proposed date. Failure to request this notice shall automatically extend the date of completion. The maintenance period will continue until project is deemed complete.

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Measurement and Payment
Full compensation of implementing a three month maintenance for landscape establishment shall be considered as included in the various items of work and no additional compensation will be allowed therefor.

DIVISION VIII MISCELLANEOUS CONSTRUCTION
80 FENCES
Replace section 80 with:
80-1 General
80-1.01 General
Construct the fencing as shown on the plans, per the State Standard Specifications, and these Special Provisions.
80-1.02 Post Holes
Measure post spacing parallel to the ground slope. Place each post in a vertical plumb position.

Drill post hole shafts plumb and dispose all removed material offsite. Dewater the holes and ensure they are clean before placing concrete.

Concrete for post holes shall follow the requirements for Minor Concrete. 80-1.03 Steel
Steel types required for the steel fence members are shown on the plans. Steel used in fencing is considered Miscellaneous Metal, and the following requirements of Section 75 of the State Standard Specifications apply: 75-1.01, 75-1.02A, 75-1.04, and 75-3.02C.

Submit copies of steel mill orders when orders are placed. Submit certified mill test reports before fabrication.

Store steel above-ground on supports. Keep material clean and dry. 80-1.04 Shop Drawings
Submit steel shop drawings for the fencing showing welding sequences and procedures, layout of the structure, details for connections not shown or dimensioned on the plans, material specifications and grade, proposed deviations from plans or specifications. Shop drawings only need cover a typical set of bays showing the walk gate, the hinged frame, a double post bay, and a typical bay. 80-1.05 Coating
Coat the steel as shown on the plans.
80-1.06 Redwood Slats
Redwood shall be of the type and grade shown on the plans. Wood 80-1.06 Redwood Preservative
Redwood shall be of the type and grade shown on the plans.

Deliver, store, and handle lumber per Section 57-1.02A of the State Standard Specifications.

Provide submittals per Section 57-2.01A(3) of the State Standard Specifications.

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Redwood must be inspected and grade marked under the rules and specifications of the Standard Specifications for Grades of California Redwood Lumber published by Redwood Inspection Service.

The provisions of Sections 57-2.01B(3) and 57-2.01C apply. 80-2 Payment
The contract price paid per each fence post foundation shall include full compensation for furnishing all the labor, materials, tools, equipment, incidentals and for doing all the work involved in drilling, cleaning, and dewatering holes, disposing removed material, placing concrete, and placing rebar hoops, complete in place, as shown on the Plans, as specified in the State Standard Specifications, these Technical Specifications and as directed by the Engineer and no additional compensation will be allowed.

The contract price paid per each tubular steel fence post shall include full compensation for furnishing all the labor, materials, tools, equipment, incidentals and for doing all the work involved in providing steel of the type specified, coating, placing in concrete shafts, post-installed anchors, and baseplate, complete in place, as shown on the Plans, as specified in the State Standard Specifications, these Technical Specifications and as directed by the Engineer and no separate payment will be allowed.

The contract price paid per linear foot for tubular steel fence rails shall include full compensation for furnishing all the labor, materials, tools, equipment, incidentals and for doing all the work involved in providing steel of the type specified, coating, and welding, complete in place, as shown on the Plans, as specified in the State Standard Specifications, these Technical Specifications and as directed by the Engineer and no separate payment will be allowed.

The contract lump sum price paid for all hinged frames shall include full compensation for furnishing all the labor, materials, tools, equipment, incidentals and for doing all the work involved in providing steel of the type specified, coating, hinges, welding, and any incidental grading or removal of vegetation necessary for the gates to swing freely, complete in place, as shown on the Plans, as specified in the State Standard Specifications, these Technical Specifications and as directed by the Engineer and no separate payment will be allowed.

The contract square foot price paid for Redwood shall include full compensation for furnishing all the labor, materials, tools, equipment, incidentals and for doing all the work involved in grading, marking, delivering to site and storing appropriately, staining and sealing, and connecting to steel frames, complete in place, as shown on the Plans, as specified in the State Standard Specifications, these Technical Specifications and as directed by the Engineer and no separate payment will be allowed.

DIVISION XI MATERIALS

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SECTION 32 8423 – PLANTING IRRIGATION
PART 1 - GENERAL

SUMMARY
Includes But Not Limited To:

1. Furnish and install planting irrigation system as described in Contract Documents complete with accessories necessary for proper function.

Related Sections:

2. Section 32 9113 Soil Preparation

3. Section 32-9120 Topsoil Placement and Grading

4. Section 32 9300 Plants

ADMINISTRATIVE REQUIREMENTS
Coordination:

5. Pre-Installation Conference: Schedule pre-installation conference before irrigation system installation begins.

6. Substantial Completion Walkthrough: With Project Manager or Owner’s representative, plan and provide walk through after completion of irrigation system.

7. Irrigation Final Acceptance: With Project Manager or Owner’s representative, plan and provide final walk through after completion of all work listed on Substantial Completion walk through list provided by Project Manager.

Pre-Installation Conference:

8. Participate in mandatory pre-installation conference:
a. Irrigation Subcontractor’s Representative and Foreman responsible for installation of irrigation system required to be in attendance.

9. Schedule pre-installation conference before irrigation system installation begins.

10. Review the following during the Pre-Installation Conference:
a. Within project site, provide one (1) installed example of each type of irrigation detail for review and approval by Project Manager and Owner prior to beginning site work. b. Review required tests and inspections.
c. Review Controller requirements.

Sequencing:

11. Install sleeves before installation of cast-in-place concrete site elements and paving, if sleeving is a part of landscape contract.

SUBMITTALS
Product Data:

12. Manufacturers cut sheets for each element of the system.

Informational Submittals:

13. Test And Evaluation Reports:
a. Results of main line service pressure test before beginning work on system should be submitted as a report following testing and before burial of mainline.

Manufacturer Instructions:

14. Manufacturer's printed literature on operation and maintenance of operating elements of system.

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15. Instruction Manual:
a. Includes complete directions and instructions for system operation and maintenance, including winterizing, controller program worksheet and annual service and scheduling calendar based on local site specific conditions.

16. Complete instructions on how to drain entire backflow preventer to prevent freezing.

Qualification Submittals:

17. Irrigation Subcontractor:
a. Minimum five (5) years experience in irrigation sprinkler installations. b. Minimum five (5) satisfactorily completed irrigation sprinkler installations in past three (3) years of projects similar in size, scope, and complexity required for this project before bidding.
c. Produce evidence that it employs quality employees with specified experience and in a quantity sufficient to perform work of this Section within time limits established by Contractor.
d. Agree to complete reporting documents, including:
1) Provide Controller Instructional Training.
2) Assist Project Manager in completing the Watering Schedule.

18. Irrigation Installer:
a. Irrigation sprinklers shall be performed under direction of foreman or supervisor with minimum three (3) years experience in irrigation sprinkler installations similar in size, scope, and complexity.
b. Foreman or supervisor required to attend pre-installation conference. c. Use trained personnel familiar with required irrigation sprinkler procedures and with interpreting Contract Documents/Plans.

Closeout Submittals:

19. Record Drawings:
a. As installation occurs, prepare accurate record drawing to be submitted before final inspection, including:
1) Detail and dimension changes made during construction. 2) Significant details and dimensions not shown in original Contract Documents. 3) Field dimensioned locations of valve boxes, manual drains, quick-coupler valves, control wire runs not in mainline ditch, and both ends of sleeves. 4) Ohms reading report for grounding at controller and each grounding device in system.
5) Take dimensions from permanent constructed surfaces or edges located at or above finish grade.
6) Take and record dimensions at time of installation.
b. Print full size copy of record drawing, color key circuits, and laminate both sides with 5 mil thick or heavier plastic. Provide 2 additional, non-mounted, 11 X 17 size copies: 1-nonlaminated and 1-laminated.

20. Operations And Maintenance Manual Data:
a. Include in the Maintenance Manual the following information:
1) Instruction manual that contains complete directions for system operation and maintenance, including winterizing, controller program worksheet and annual service and scheduling calendar based on local site specific conditions. 2) Complete instructions on how to drain entire backflow preventer to prevent freezing.
3) Manufacturer's cut sheets for each element of system. 4) Parts lists for operating elements of system.
5) Manufacturer's printed literature on operation and maintenance of operating elements of system.

21. Warranty Documentation:
a. Manufacturer’s warranty information for each operating elements of system.

22. Photographs: Provide photographs prior to burial of key elements including but not limited to:
a. Valves.

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b. Drains.
c. Master Valves.
d. Flow Sensors.
e. Hydrometers.

23. Final payment for system will not be authorized until Closeout Submittals are received and accepted by Project Manager or Owners representative.

Maintenance Material Submittals:

24. Extra Components to Owner:
a. Contractor to provide the following materials prior to the final inspection:
1) 5 of each size of Spray Heads as specified on plans. 2) 5 Spray nozzles of each type, size and radius as specified on plans (5 – 8Q, 5- 8H, 5 – 10Q, etc.).
3) 5 Rotator Heads as specified on plans
4) 5 Rotator nozzles of each size and radius as specified on plans. 5) 1 Control Valve of each type and size specified on plans. 6) 1 Drip Zone Kit of each type as specified on plans.
7) 1 bag for each size of emitters specified on plans.

25. Tools:
a. Furnish following items before Final Closeout Review:
1) One heavy-duty key for stop and waste or main shut-off valve. 2) Square nut key for isolation valves.
3) One quick coupler key with brass hose swivel.
4) Keys to the controller closets.

QUALITY ASSURANCE
Regulatory Requirements:

26. Work and materials shall be in accordance with latest rules and regulations, and other applicable state or local laws.

27. Nothing in Contract Documents is to be construed as permitting work not conforming to these codes.

DELIVERY, STORAGE, AND HANDLING
During delivery, installation, and storage, protect materials from damage and prolonged exposure to sunlight.

WARRANTY
All work and materials shall be guaranteed for compliance with the contract requirements for one (1) year from date of completion of the establishment period. If unsatisfactory conditions or damage develop during the stipulated warranty period, contractor shall immediately place it in satisfactory condition. Guarantee shall also include the following:

28. Repairing or replacing defective materials or workmanship. If unsatisfactory conditions of damage develop during the warranty period that is not caused by owner’s abuse or neglect, obvious vandalism, theft, or casualty to the property, it shall be deemed to be the result of faulty materials or workmanship. The contractor shall provide at no additional cost to the owner, all labor and material necessary to replace materials or to place the defective installation in a correct operating and satisfactory condition.

29. Filling and repairing depressions and replacing plantings due to settlement of irrigation system trenches.

30. Adjusting system to supply proper coverage of areas to receive water.

31. Ensuring system can be adequately drained.

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32. At the end of the first season, shut off and winterize irrigation system.

33. At the beginning of the next season, re-commission system. Make adjustments and repairs as necessary to make system fully operational.

MAINTENANCE SERVICE
Initial Maintenance Service for landscape irrigation system: Provide maintenance by skilled employees of irrigation Installer. Begin maintenance immediately after final walk through the 90 day maintenance period.

34. Maintenance Period: 3 months from date of a successful final walk through as defined herein.

Continuing Maintenance Service: From Installer to Owner, in the form of a standard yearly (or other period) maintenance agreement, starting on date initial maintenance service is concluded. The services, obligations, conditions, and terms for agreement period are as follows:

35. Water Application & Scheduling:
a. It is the responsibility of the contractor to conserve water and assure that all watering rules and regulations are followed. Any penalties, fines, or citations for watering ordinance violations shall be paid by the contractor. b. Irrigation shall be made by the use of the permanent irrigation systems. It is the contractor's responsibility to make sure that the irrigation system is maintained and operates properly.
c. The irrigation contractor is responsible for the complete operation and maintenance of the irrigation systems, except as noted below. The contractor shall examine the irrigation system for damage or malfunction weekly and shall report damage or malfunction to the owner's authorized representative and irrigation manager (3rd party contract selected from Owner) in writing. If the contractor fails to report the broken or malfunctioning irrigation system components within two weeks of the breakage or malfunction, the contractor shall be responsible for all damages resulting from the broken irrigation system component.
d. The irrigation system controller will be monitored by the irrigation manager and/or owner. Irrigation contractor to coordinate the following:
1) Adjust watering times as to not overwater plantings. Use multiple-start times and short run times to prevent run-off.
2) Drip systems should be left on for sufficient time to allow for saturation of the root zone.
3) Do not allow run-off from any irrigation.
e. When breakdowns or malfunctions exist, the contractor shall hand water, if necessary, to maintain all plant material in a healthy condition. If the irrigation repairs are major and will be billed as additional work (see items that qualify for additional work payments as outlined below), the labor costs for hand watering may also be submitted for payment as noted in the General Requirements section of these specifications. Do not wait for approval to begin hand watering if it is required to save the plantings.

36. Irrigation System Scheduled Maintenance:
a. Each valve zone shall be observed for signs of damage on a bi-monthly basis during the irrigation season.
b. The landscape maintenance contractor shall maintain the irrigation system, including cleaning of filter screens yearly or more often as needed, and flushing pipes, as part of this contract.
c. Drip irrigation systems need periodic flushing to remove sediment. When flushing is necessary, it shall be performed as part of this contract. Drip systems shall be flushed at least once a year, more often as required. Open ends of drip lines and run

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for at least 15 minutes at full flow to flush. It may be necessary to install flush outlets in order to flush the drip system.
d. Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is not permitted. The contractor shall immediately shut down the irrigation system and make adjustments, repairs, or replacements as soon as possible to correct the source of the run-off.

37. Irrigation System Repair:
a. The landscape maintenance contractor shall replace or repair, at the landscape maintenance contractor's expense, any irrigation components damaged, unless due to excluded damage. Repair shall be made within two weeks of the day the damage occurred. If the damage was due to excluded damage, the irrigation repairs will be paid for as additional work. The contractor shall make notification of needed repairs within two weeks of the day the damage occurred as noted in the General Requirements section of these specifications. Regardless of the cause of damage, the contractor shall take immediate action to prevent further damage by shutting off the damaged part of the irrigation system and commencing with hand watering as needed. As soon as possible after receiving written authorization to proceed, the contractor shall make repairs. The following items are considered to be minor repairs: damaged or clogged sprinkler nozzles, adjustment of sprinkler patterns or arcs, adjustment of sprinkler position (i.e; raise, lower, or straighten sprinkler head), replacement of clogged, broken, or missing barbed-style drip emitters, replacement or repositioning of drip distribution tubing smaller than 1/2 inch or 15 mm diameter.

These minor repair items shall be corrected by contractor at contractor's expense. b. Any replacement of irrigation system components shall be made with materials of the same manufacturer and model as the original equipment. Substitutions of materials other than original equipment will be approved only when the original equipment has been discontinued and is no longer available for purchase at any location. The substituted equipment must be completely compatible with the original and must be approved in advance by the owner's authorized representative. c. All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the owner's authorized representative. If a change to the installation will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, request authorization to make the change from the owner's authorized representative.
d. The contractor shall check the entire irrigation system bi-monthly for items such as dry spots and missing or malfunctioning irrigation components. Check for leaking valves, water running across sidewalks, water standing in puddles, or any other condition which hampers the correct operation of the system or the public safety.

The contractor shall carefully observe plant materials for signs of wilting, indicating a lack of water. Plants which die due to irrigation failure will be considered to have died due to the contractor's negligence and shall be replaced at the contractor's expense.
e. Plastic sprinkler nozzles with bad patterns shall be replaced with new nozzles of the same flow and arc as part of the regular maintenance of the sprinkler system.

PART 2 - PRODUCTS
SYSTEM
Manufacturers:

1. Manufacturer Contact List (for reference only):
a. Amiad www.amiadusa.com
b. Apollo Valves by Conbraco Industries, Matthews, NC www.apollovalves.com c. Carson Industries LLC, Glendora, CA www.carsonind.com

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d. Hunter Industries, San Marcos, CA www.hunterindustries.com e. HydroPoint Data Systems, Inc., Petluma, CA www.hydrpoint.com f. IPS Corporation, Compton, CA www.ipscorp.com
g. Netafim, Inc. www.netafimusa.com
h. Rain Bird Sprinkler Manufacturing Corp, Glendora, CA www.rainbird.com i. T. Christy Enterprises, Inc. (Christy’s), Anaheim, CA www.tchristy.com Materials:

2. Pea Gravel:
a. For use around drains, valves, and quick couplers.
b. 1/2 inch maximum dimension, washed rock.

3. Sand:
a. For use of backfill around PVC pipe.
b. Fine granular material naturally produced by rock disintegration and free from organic material, mica, loam, clay, and other deleterious substances.

4. Native Material: Soil native to project site free of wood and other deleterious materials and rocks over 1-1/2 inches.

5. Topsoil: Approved material without rocks, roots, sticks, clods, debris, and other foreign matter over 1-1/2 inches longest dimension.

6. Pipe, Pipe Fittings, And Connections:
a. Pipe shall be continuously and permanently marked with Manufacturer's name, size, schedule, type, and working pressure.
b. Pipe sizes shown on Drawings are minimum. Larger sizes may be substituted if at no additional cost to Owner.
c. Pipe:
1) Pressure Lines: Refer to irrigation schedule.
2) Lateral Lines: Refer to irrigation schedule.
3) Quick Coupler Piping: Refer to irrigation details.
d. Fittings: Lateral Line - Same material as pipe, except where detailed otherwise.

Mainline – All fittings to be sch. 80, except where detailed otherwise. All fittings 3” and larger to be Ductile Iron with self restraining fittings.

7. Sprinkler Risers:
a. All stationary spray heads shall have pre-manufactured swing assemblies or equal approved as approved by Architect before installation – Refer to irrigation details. b. All 3/4" inlet rotor pop-up sprinklers shall have an adjustable pre-assembled swing assembly riser – Refer to irrigation details.
c. All 1" inlet rotor pop-up sprinklers shall have an adjustable pre-assembled double swing joint riser – Refer to irrigation details.
d. Pop-up rotor sprinkler heads shall have adjustable riser assembly, three ell swing joint assembly, unless detailed otherwise on Drawings – Refer to irrigation details. e. Pop-up sprinkler heads, shrub spray heads, bubbler heads, and stationary spray sprinkler heads shall have risers – Refer to irrigation details.

8. Automatic Irrigation Control Wiring:
a. Control wire shall be Rain Bird 14-2 Maxi Cable. Run Maxi Cable in separate 1” gray electrical conduit. Change jacket color at all legs and label each section – note on as-built drawings. Use Blazing Maxi-cable jacket wire stripper - 8” jacket removed.

Do not cut with knife. Use Paige Electric Decoder Cable Fuse Device at each leg junction. Install all wire junctions in 10” round valve box. Wire between decoder and valve shall be UF-UL listed, color coded PE insulated copper conductor direct burial size 14 and shall be located in separate 1” gray electrical conduit. b. Install all wire junctions in 10” round valve box.
c. Paige Electric Cadweld Connection.
d. Waterproof Wire Connectors:
1) Control wire connections shall consist of a properly-sized wire nut inserted in a waterproof grease cap.
2) Type Two Acceptable Products:
1) DBR/Y-6 by 3M. White stress marks on bubbles must be visble for proper strain relief.
2) Equal as approved by Architect before installation.

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9. Automatic controllers – Existing on site. Consult with property manager for controller specifications.

10. Valves:
a. Manual Drain Valves – Refer to Irrigation Schedule and Details. b. Automatic Valves – Refer to Irrigation Schedule.
c. Hydrometer – Refer to Irrigation Schedule.
d. Isolation Valves – Refer to Irrigation Schedule
e. Quick Coupling Valves and Keys – Refer to Irrigation Schedule.

11. Valve Accessories:
a. Valve manifolds – Refer to irrigation details.
b. Valve Boxes And Extensions:
1) Colors:
1) Green: Lawn areas.
2) Brown: Bare soil and rock areas.
2) Type Two Acceptable Products:
1) Carson Industries: Refer to irrigation details.
c. Valve ID tags:
1) Type Two Acceptable Products:
1) Christy ID Tags.
2) Equal as approved by Architect before use.
d. Valve Box Supports: Standard size fired clay paving bricks without holes.

12. Drip System:
a. Drip Valve Assembly
1) Refer to Irrigation Schedule.
b. Distribution Tubing:
1) Refer to Irrigation Schedule and Details.
c. Drip Emitters
1) Refer to Irrigation Schedule and Details.
d. Valve Boxes:
1) Colors:
1) Green: Lawn areas.
2) Brown: Bare soil and rock areas.
2) Type Two Acceptable Products:
1) Carson Industries - Refer to Details.
2) Equal as approved by Architect before use. See Section 01 6200.

13. Solvent Cement:
a. Primer:
1) Meet ASTM F656 standard and applicable sections of latest edition of 'Uniform Plumbing Code'.
2) Meet NSF/ANSI standard for use on potable water applications. 3) Low VOC emissions and compliant with LEED.
4) Product: Weld-On P-70 primer by IPS or approved equal. b. PVC Solvent Cement:
1) Heavy bodied, medium setting, high strength:
1) Meet ASTM D2564 standard and applicable sections of latest edition of 'Uniform Plumbing Code'.
2) Meet NSF/ANSI standard for use on potable water applications. 3) Meet CSA standards for use in pressure and non-pressure potable water applications.
4) Low VOC emissions and compliant with LEED.
5) Product: Weld-On 711 Low VOC PVC Cement by IPS or approved equal.

14. Other Components:
a. Recommended by Manufacturer and subject to Architect's review and acceptance before installation.
b. Provide components necessary to complete system and make operational.

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PART 3 - EXECUTION

EXAMINATION
Site Verification of Conditions: Perform pressure test at stub-out on main water line provided for irrigation system, or at near-by fire hydrant. Notify Architect if pressures over 100 psi or under 75 psi are found to determine if some re-design of system is necessary before beginning work on system.

PREPARATION
Protection:

1. Repair or replace work damaged during course of the Work at no additional cost to Owner. If damaged work is new, installer of original work shall perform repair or replacement.

2. Do not cut existing tree roots measuring over 2 inches in diameter in order to install irrigation lines.

Layout of Irrigation Heads:

3. Location of heads and piping shown on Drawings is approximate. Actual placement may vary slightly as is required to achieve full, even coverage without spraying onto buildings, sidewalks, patios, fences, etc.

4. During layout, consult with Irrigation Designer to verify proper placement and make recommendations, where revisions are advisable.

5. Minor adjustments in system layout will be permitted to avoid existing fixed obstructions.

6. Make certain changes from Contract Documents are shown on record drawings.

INSTALLATION
Trenching and Backfilling:

7. Pulling of pipe is not permitted.

8. Excavate trenches to specified depth. Remove rocks larger than 1-1/2 inch in any direction from bottom of trench. Separate out rocks larger than 1-1/2 inch in any direction uncovered in trenching operation from excavated material and remove from areas to receive landscaping.

9. Cover pipe both top and sides with 2 inches of sand as specified under PART 2 PRODUCTS. Remainder of backfill shall be topsoil as specified in Section 32 9120.

10. Do not cover pressure main, irrigation pipe, or fittings until Irrigation Designer has inspected and approved system.

11. Contractor to ensure that all pipe is properly bedded and all trenches are properly compacted. Contractor will be responsible for completely repairing settled trenches.

Sleeving and Conduits:

12. Sleeve all control wire in 1” Gray Electrical Conduit. Install in mainline trench beneath irrigation mainline with a minimum 4 inch separation. Extend conduit between and into all valve boxes. Provide 2” of foam backer rod in electrical conduit sealed with 2” of waterproof foam sealant obtained from pond equipment supplier in last 2” of conduit.

13. Sleeve water lines under walks and paving. Continue 1” gray electrical conduit with control wires under walks and paving. Extend sleeves and conduit 6 inches minimum beyond walk or pavement edge. Cover sleeve ends until pipes and wires are installed to keep sleeve clean and free of dirt and debris.

14. Use one water pipe maximum per sleeve. Sleeve control wiring in separate sleeve.

15. Position sleeves with respect to buildings and other obstructions so pipe can be easily removed.

16. Glue all sleeve and conduit joints to keep water out.

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Grades And Draining:

17. Grade piping so system can be completely drained or blown out with compressed air. a. Slope pipe to a minimum number of low points.
1) At these low points, install:
1) 3/4 inch brass ball valve for manual drain. Do not use automatic drain valves.
2) Install 2 inch Class 200 PVC pipe over top of drain and cut at finish grade.

Refer to details.
3) Provide yellow hard plastic valve cap marker.
4) Provide three cu ft pea gravel sump at outlet of each drain. 5) Sumps to be installed no closer than 3 feet from any paved surface. b. Slope pipes under parking areas or driveways to drain outside these areas. c. Provide and install quick-coupling valve or valves in location for easy blowout of entire system.

Installation of Pipe:

18. Install pipe in manner to provide for expansion and contraction as recommended by Manufacturer.

19. Unless otherwise indicated on Drawings, install main lines and lateral lines connecting pop-up rotor and impact sprinklers with minimum cover of 18 inches based on finished grade. Install remaining lateral lines, including those connecting drip tubing, with minimum of 12 inches of cover based on finish grade.

20. Install pipe and wires under driveways or parking areas in specified sleeves 18 inches below finish grade or as shown on Drawings. Install manual drain valves at low point in sleeve.

21. Locate no sprinkler head closer than 12 inches from building foundation. Heads immediately adjacent to mow strips, walks, or curbs shall be one inch below top of mow strip, walk, or curb and have one to 3 inches clearance between head and mow strip, walk, or curb.

22. Cut plastic pipe square. Remove burrs at cut ends before installation so unobstructed flow will result.

23. Make solvent weld joints as follows:
a. Do not make solvent weld joints if ambient temperature is below 35 deg F. b. Clean mating pipe and fitting with clean, dry cloth and apply one coat of P-70 primer to each.
c. Apply uniform coat of 711 solvent to outside of pipe. d. Apply solvent to fitting in similar manner.
e. Give pipe or fitting a quarter turn to insure even distribution of solvent and make sure pipe is inserted to full depth of fitting socket.
f. Allow joints to set at least 24 hours before applying pressure to PVC pipe.

24. Tape threaded connections with teflon tape.

25. If pipe is 3 inches or larger, install using self restraining fittings and joints wherever change of direction occurs on PVC main pressure lines. Tighten bolts to manufacturer torque settings.

Control Valves And Controller

26. Install valves in plastic boxes with reinforced heavy duty plastic covers. Locate valve boxes within 12 inches of sidewalks and shrub bed edges with tops at finish grade. (Refer to Details).

27. Place 3 inches minimum of pea gravel below bricks supporting valve boxes to drain box.

Set valve boxes over valve so all parts of valve can be reached for service. Set cover of valve box even with finish grade. Valve box cavity shall be reasonably free from dirt and debris.

28. Wiring:
a. Total length of wire in system is limited to 10,000 ft; maximum distance from any system device to controller is 4,000 ft.

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b. Wire loops are permissible, but length of wire in loop is limited to 2,000 ft. for normal installation, it is recommended that paired wire be installed in 1 in 5 foot twist to reduce effects of nearby noise sources on communications.

29. Install Controllers, control wires, and valves in accordance with Manufacturer's recommendations and according to electrical code.

30. Extend extra control wires 24 inches and leave coiled in each valve box

31. Grounding devices as per plans and details.

Sprinkler Heads (refer to irrigation details):

32. Set sprinkler heads and quick-coupling valves perpendicular to finish grade.

33. Do not install sprinklers using side inlets. Install using base inlets only.

34. Set sprinkler heads at a consistent distance from existing walks, curbs, and other paved areas and to grade by using specified components or other method demonstrated in PreConstruction Conference.

Drip Assembly (refer to irrigation details):

35. Install pipe providing for expansion and contraction as recommended by Manufacturer.

36. Cut tubing square and remove burrs at cut ends.

37. Locate drip emitter on uphill side of plant within rootball zone. Where significant slope does not occur, locate emitter on backside or building side of plant.

38. Set emitter to be visible to maintenance personnel.

39. Locate distribution tubing on top of soil but under filter fabric and bark or rock mulch.

40. Staple in-line tubing to ground at 6 foot maximum intervals and within 12 inches of ends and intersections.

41. Assembly Using ‘Funny Pipe’ Type Joints (refer to details).

Before installation of sprinkler heads and drip emitters, open control valves and use full head of water to flush out system.

Arrange valve stations to operate in an easy-to-view progressive sequence around building. Tag valves with waterproof labels showing final sequence station assignments. Note any changes on as-builts.

FIELD QUALITY CONTROL
Field Tests and Inspections:

42. Irrigation System:
a. Notify Architect 2 working days minimum before conducting irrigation main line pressure test.
b. Before backfilling main line, test pressure at 100 psi minimum for 2 hours minimum and verify there are no leaks. Take pictures of the pressure gauge at the beginning of the 2 hours and at the end. Pressure gauge, pump and equipment for this test shall be provided by the contractor at no additional cost to the Owner. The test will be deemed acceptable if no leaks occur within the testing period. Such success shall be provided to the architect in writing prior to commencing further work. In the event that during the pressure test there is failure in the system and leaks do in fact occur, the contractor shall be responsible for repairing said leaks and beginning the pressure test again for complete 2 hour duration until full and complete success occurs with no leaks in the system. Any additional testing due to leaks shall be done at no additional cost to the Owner. Provide copies of the pictures to the Irrigation Designer.

43. Test Report:
a. Report of Pressure Test results along with photographs of test results are to be provided to Irrigation Designer at completion of testing. b. Pressure test report shall be included in the Operation and Maintenance Manual.

44. Controller Testing:

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a. Verify controller is installed correctly and will automatically adjust irrigation run times in response to environmental changes using sensor and/or weather information to manage watering times and frequency.

45. Pre-substantial Inspection:
a. Project Manager will review irrigation system before substantial completion. b. Approval to irrigation system to be in writing.

46. Substantial Completion Walk Through:
a. Notify Project Manager 2 working day’s minimum notice of the day of request.

Project Manager will inspect site and create list of non-conforming items to be resolved prior to Irrigation Final Acceptance. Date on this list will act as date of Landscape Substantial Completion.

47. Irrigation Final Walk Through:
a. The contractor shall request a final walk through from the Project Manager by giving the Project Manager 48 hours advance notice of the day of request. b. Irrigation Final Acceptance will be awarded when all non-conforming work is brought into conformance.
c. Project Manager will create signed certificate to be included in Operations and Maintenance Manual at completion of all non-conforming work. d. Once final walk through is completed, the architect will provide a written notice to begin the 90 day maintenance period.

48. Irrigation Controller, Central Controls, Two-wiring, Grounding, and Decoder Commissioning:
a. Rain Bird will be doing commissioning for this project using their own service provider. Contractor will be required to comply with all Rain Bird commissioning requirements.

49. Post Maintenance Walk Through:
a. Contractor will be responsible for maintaining the plant material and the irrigation system for a period of 90 days upon successful completion of final walk through. b. After the 90 day maintenance period, contractor shall request a post-maintenance walk through with the Project Manager by providing 48 hours advance notice to the architect of such request.
c. The post maintenance walk through may consist of a comparison of premaintenance conditions of the irrigation system with the present conditions of the irrigation system. Should any non-conformance with the pre-maintenance condition occur, the architect will provide a punch list to the contractor for remedy, repair and/or replacement of equipment. Such remedy, replacement and/or repair shall be successfully completed by the contractor at no additional cost to the Owner prior to being relieved of the maintenance period and/or final payment made to the contractor by the Owner.
d. Contractor shall remedy outstanding items on the Post Maintenance Walk Through to the satisfaction of the architect. The architect will notify both the Owner and the contractor of release of responsibility and final payment. Any irrigation product will be considered defective if it does not pass tests and inspections.

Non-Conforming Work: Non-conforming work as covered in the General Conditions applies, but is not limited to the following:

50. Underground Sprinkler System:

51. Correct any work found defective or not complying with Contract Document requirements at no additional cost to the Owner.

ADJUSTING
Adjust sprinkler heads to proper grade when turf is sufficiently established to allow walking on it without appreciable harm. Such lowering and raising of sprinkler heads shall be part of original contract with no additional cost to Owner.

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Adjust sprinkler heads for proper distribution and trim so spray does not fall on building. Adjust sprinkler heads to be plumb.

Adjust watering time of valves to provide proper amounts of water to plants.

CLOSEOUT ACTIVITIES
Instruction of Owner:

52. After system is installed and approved, instruct Owner's designated personnel in complete operation and maintenance procedures.

END OF SECTION

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SECTION 329113 - SOIL PREPARATION
PART 4 - GENERAL

SUMMARY
Includes But Not Limited To:

1. Perform soil preparation work as described in Contract Documents.

2. Furnish and apply soil additives as described in Contract Documents.

Related Sections:

3. Section 32-9120 Topsoil Placement and Grading

4. Section 32 9300 Plants

5. Section 33 4600 Subdrainage for foundations, slabs on grade, walls and landscape areas

REFERENCES
Reference Standards:

6. American Society For Testing And Materials:
a. ASTM 1557-02, 'Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort.'

ADMINISTRATIVE REQUIREMENTS
Pre-Installation Conference: Participate in pre-installation conference prior to excavation of existing or import of new topsoil. Provide certifications as stated in section 32 9120 and submittals of any product data, and samples as listed below at this pre-installation conference.

1.4 SUBMITTALS
A. Action Submittals:

7. Product Data: Product literature and chemical / nutrient analysis of soil amendments and fertilizers.

8. Samples: Sample of soil conditioner for approval before delivery to site. Include product analysis list.

B. Quality Assurance/Control

1. Submit test on imported topsoil by licensed laboratory before use. Topsoil report to include recommended fertilizers for shrubs and turf areas, recommended amendments such as gypsum, recommended quantities of organic matter to be added to the soil, and recommended long term fertilizing. Imported topsoil shall meet minimum specified requirements and be approved by Landscape Architect before use.

2. Informational Submittals:

1. Installer Reports: Delivery slips indicating amount of soil conditioner delivered to Project site.

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PART 5 - PRODUCTS

MATERIALS
Incorporate soil amendments into topsoil used for Project as specified in section 329300 Plants.

Incorporate fertilizer into topsoil with application rates as stated in section 329300 to achieve ph balance, texture and composition as also stated in section 329300.

PART 6 - EXECUTION

PERFORMANCE
Add specified soil amendments at specified rates to lawn areas. Roto-till or otherwise mix amendments evenly into top 5 inches of topsoil. Incorporate and leach soil amendments which require leaching, such as gypsum, within such time limits that soil is sufficiently dry to allow proper application of fertilizer and soil conditioners.

END OF SECTION

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SECTION 329120 - TOPSOIL PLACEMENT AND GRADING
PART 7 - GENERAL

SUMMARY
Includes But Not Limited To:

1. Perform topsoil placement and grading work required to prepare site for installation of landscaping as described in Contract Documents.

2. Furnish and apply soil additives as described in Contract Documents.

Related Sections:

3. Section 32 9113 Soil Preparation

4. Section 32 9300 Plants

REFERENCES
American Society For Testing And Materials:

5. ASTM 1557-02, 'Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort.'

SUBMITTALS
Product Data: Product literature and chemical / nutrient analysis of soil amendments and fertilizers.

Samples and Certifications

6. Sample of soil conditioners and amendments for approval before delivery to site. Include product analysis list.

7. Sample of proposed imported topsoil with certification by a licensed and certified agronomist on the agronomist’s letterhead with accompanying topsoil test report that certifies imported topsoils to be used meet the minimal requirements as specified in section 2..1.A below and the following:
a. Report suitability of proposed imported soil for plant growth. b. State recommendations for nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory planting soil suitable for healthy, viable plants and turf.
c. Report presence of problem salts, minerals, or heavy metals; if present, provide additional recommendations for corrective action.

8. Included with the certification, state the location of the source of imported topsoil and account of recent use.

QUALITY ASSURANCE
Pre-Installation Conference: Participate in pre-installation conference prior to excavation of existing or import of new topsoil. Provide certifications stated above at this pre-installation conference.

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PART 8 - PRODUCTS

MATERIALS
Topsoil:

1. Topsoil whether existing on site or imported that is to be used in landscaped areas, shall be fertile, loose, friable soil and must meet the following criteria:
a. Chemical Characteristics:
1) Acidity / alkalinity range: pH 5.0 to 8.2.
2) Soluble Salts: less than 3.0 mmhos/cm.
3) Sodium Absorption Ratio (SAR): less than 6.0.
4) Organic Matter: 4% percent.
b. Physical Characteristics:
1) Gradation as defined by USDA triangle of physical characteristics as measured by hydrometer.
1) Sand: 15 to 60 percent.
2) Silt: 10 to 60 percent.
3) Clay: 5 to 30 percent.
2) Clean and free from toxic minerals and chemicals, noxious weeds, rocks larger than 1-1/2 inch in any dimension, and other objectionable materials. 3) Soil shall not contain more than 2 percent by volume of rocks measuring over 3/32 inch in largest size.

PART 9 - EXECUTION

EXAMINATION
Do not commence work of this Section until grading tolerances have been met and approved by the civil engineer, architect and Owner.

PREPARATION
Protection: Protect utilities and site elements from damage.

Subsoil Preparation and Topsoil Placement:

1. Remove all foreign debris from planter areas, including concrete, asphalt, wood, branches, large rocks and other construction debris.

2. Rip, disk, or till top 12 inches (150mm) of existing subsoil to break up surface and eliminate impervious soil.

3. Verify subsoil grades. Correct high and low areas to proper grade as required.

4. Amend topsoil as stated above and in Section 329300 Plants and as recommended by the licensed and certified agronomist report with any additional recommendations prior to spreading.

5. Install topsoil to depth specified.

Surface Preparation:

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6. Seven days maximum before beginning planting:
a. Loosen area 12 inches deep, dampen thoroughly to 6 inches (150 mm) deep, and cultivate to properly break up clods and lumps.
b. Rake area to remove clods, rocks greater than 1 ½”, weeds, roots, and debris. c. Grade and shape landscape area to bring surface to true uniform planes free from irregularities and to provide drainage and proper slope to catch basins.

7. Limit use of heavy equipment to areas no closer than 4 feet from building or other permanent structures. Use hand guided tillers for preparation of areas closer than 4 feet

PERFORMANCE
Site Tolerances:

8. Total Topsoil Depth:
a. Turf Cover Areas: 5 inches minimum.
b. Groundcover Planting Areas: 5 inches minimum.
c. Shrub Planting Areas: 12 inches minimum throughout entire shrub bed area.

9. Finish grade of planting areas before planting and after addition of soil additives at specified vertical distances below top of adjacent pavement, curb, walk, mow curb, step or building of any kind:
a. Shrub And Ground Cover Areas: 2 inches below.
b. Turf Cover Areas: 1 inch below.

Do not expose or damage existing shrub or tree roots.

Redistribute approved topsoil as stated above on site. Remove organic material, rocks and clods greater than 1-1/2 inch in any dimension, and other objectionable materials. Provide adequate approved topsoil required to bring surface to specified elevation relative to concrete site elements.

Where topsoil depth is 12 inches or greater, place topsoil in layers not to exceed 4 inches and, to prevent settling, compact to 85 percent relative density in accordance with ASTM D 1557. Do not place topsoil whose moisture content makes it prone to compaction during placement process.

Slope grade away from building for 12 feet minimum from walls at slope of 1/2 inch in 12 inches minimum unless otherwise noted. High point of finish grade at building foundation shall be 6 inches minimum below finish floor level. Direct surface drainage in manner indicated on Drawings by molding surface to facilitate natural run-off of water. Fill low spots and pockets with topsoil and grade to drain properly.

After landscape areas have been prepared, avoid rolling over topsoil areas with heavy objects except lawn rollers. Immediately before planting lawn and with topsoil in semi-dry condition, roll areas that are to receive lawn in two directions at approximately right angles with water ballast roller weighing 100 to 300 lbs, depending on soil type. Rake or scarify and cut or fill irregularities that develop as required until area is true and uniform, free from lumps, depressions, and irregularities.

END OF SECTION

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SECTION 329300 - PLANTS
PART 10 - GENERAL

SUMMARY
Section Includes:

1. Plants.

2. Planting soils.

Related Sections:

3. Section 32 9113 Soil Preparation

4. Section 32-9120 Topsoil Placement and Grading

DEFINITIONS
Backfill: The earth used to replace or the act of replacing earth in an excavation.

Duff Layer: The surface layer of native topsoil that is composed of mostly decayed leaves, twigs, and detritus.

Finish Grade: Elevation of finished surface of planting soil.

Manufactured Topsoil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil.

Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest.

This includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. It also includes substances or mixtures intended for use as a plant regulator, defoliant, or desiccant.

Pests: Living organisms that occur where they are not desired, or that cause damage to plants, animals, or people. These include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and mice), unwanted plants (weeds), fungi, bacteria, and viruses.

Planting Soil: Refer to Section 329120 Topsoil Placement and Grading Root Flare: Also called "trunk flare." The area at the base of the plant's stem or trunk where the stem or trunk broadens to form roots; the area of transition between the root system and the stem or trunk.

Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill or backfill before planting soil is placed.

Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms.

Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil; but in disturbed areas such as urban environments, the surface soil can be subsoil.

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SUBMITTALS
Product Data: For each type of product indicated, including soils.

Samples of mineral mulch.

Samples of bark mulch.

Product certificates.

Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of plants during a calendar year.

QUALITY ASSURANCE
Installer's Field Supervision: Installer required to maintain an experienced full-time supervisor on Project site when work is in progress.

5. Pesticide Applicator: State licensed, commercial.

Soil Analysis: Refer to Section 329120 Topsoil Placement and Grading Provide quality, size, genus, species, and variety of plants indicated, complying with applicable requirements in ANSI Z60.1.

Preinstallation Conference: Conduct conference at Project site.

DELIVERY, STORAGE, AND HANDLING
Deliver bare-root stock plants freshly dug. Immediately after digging up bare-root stock, pack root system in wet straw, hay, or other suitable material to keep root system moist until planting.

Do not prune trees and shrubs before delivery. Protect bark, branches, and root systems from sun scald, drying, wind burn, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of plants during shipping and delivery. Do not drop plants during delivery and handling.

Handle planting stock by root ball.

Delivery of plants to occur after preparations for planting have been completed. Install plants immediately after delivery. If planting is delayed more than six hours after delivery, set plants and trees in their appropriate aspect (sun, filtered sun, or shade), protect from weather and mechanical damage, and keep roots moist.

WARRANTY
Special Warranty: Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty and maintenance period.

6. Failures include, but are not limited to, the following:
a. Death and unsatisfactory growth, except for defects resulting from abuse, lack of adequate maintenance, or neglect by Owner, or incidents that are beyond Contractor's control.
b. Structural failures including plantings falling or blowing over.

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c. Faulty performance of tree stabilization, edgings, and tree grates..

7. Warranty Periods from Date of Successful Final Walk Through as defined herein. a. Trees, Shrubs, and Ornamental Grasses: 12 months.
b. Ground Covers: the 3 month period of time consistent with the 90-Day Maintenance Period.
c. Include the following remedial actions as a minimum:
1) Immediately remove dead plants and replace unless required to plant in the succeeding planting season.
2) Replace plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period.
d. A limit of one replacement of each plant will be required except for losses or replacements due to failure to comply with requirements. e. Provide extended warranty for period equal to original warranty period, for replaced plant material.

MAINTENANCE SERVICE
Initial Maintenance Service for Trees and Shrubs: Provide maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after plants are installed and continue until plantings are acceptably healthy and well established through the 90 day maintenance period.

8. Maintenance Period: 3 months from date of a successful final walk through as defined herein.

Initial Maintenance Service for Ground Cover and Other Plants: Provide maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after plants are installed and continue until plantings are acceptably healthy and well established but for not less than maintenance period below.

9. Maintenance Period: 3 months from date of a successful final walk through as defined herein.

PART 11 - PRODUCTS

PLANT MATERIAL
General: Furnish nursery-grown plants true to genus, species, variety, cultivar, stem form, shearing, and other features indicated in Plant Schedule or Plant Legend shown on Drawings and complying with ANSI Z60.1; and with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, healthy, vigorous stock, densely foliated when in leaf and free of disease, pests, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement.

1. Trees with damaged, crooked, or multiple leaders; tight vertical branches where bark is squeezed between two branches or between branch and trunk ("included bark"); crossing trunks; cut-off limbs more than 3/4 inch in diameter; or with stem girdling roots will be rejected.

2. Collected Stock: Do not use plants harvested from the wild, from native stands, from an established landscape planting, or not grown in a nursery unless otherwise indicated.