Ukiah City Council
July 17, 2024

BB: 54+79.61 55+00 EB: 55+54.61
PI: 54+49.65
PI: 54+79.61
PI: 55+54.61
PI: 55+84.61 ℄ BRIDGE 5 BEAMS @ 3'-0" = 15'-0"' PC/PS BOX BEAM (BI-36) 3 1/2" POLYMER CONCRETE WEARING SURFACE 13'-6"' BRIDGE CLEAR WIDTH 2% 2% 2'-612
"' ℄ BRIDGE 5 BEAMS @ 3'-0" = 15'-0" PC/PS BOX BEAM (BI-36) 3 1/2" POLYMER CONCRETE WEARING SURFACE 13'-6" BRIDGE CLEAR WIDTH 2% 2% 2'-612" 54+50 55+00 55+50 56+00 30'-0" 75'-0" 30'-0" ABUT 1 ABUT 2 EG -0.00% 6.73% -7.50% STA = 54+49.61
EL = 612.86
STA = 54+79.61
EL = 614.88
STA = 55+54.61
EL = 614.88
STA = 55+84.52
EL = 612.64 EG
2'-612" 1'-0" FG EG -0.00% 6.73% -7.50%
STA = 54+49.61
EL = 612.86
STA = 54+79.61
EL = 614.88
STA = 55+54.61
EL = 614.88
STA = 55+84.52
EL = 612.64 FG Project Client Plot Date: 19 October 2023 - 7:14 AM Plotted By: Danny Aguas C:\Users\daguas\OneDrive - GHD\GHD\US-Roseville-561-12571956-Orr Street Bridge\Digital_Design\ACAD\Sheets\12571956-GHD-0000-DWG-CI-0100-0101.dwg 0 Bar is one inch on original size sheet Approved Date Author Drafting Check Designer Project Director Project No. Date Filename: Sheet No. This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GHD. This document may only be used by GHD’s client (and any other person who GHD has agreed can use this document) for the purpose for which it was prepared and must not be used by any other person or for any other purpose. www.ghd.com Title 1" IssueNo. Checked Design Check Project Manager Conditions of Use Scale ANSI D Size PRELIMINARY CITY OF UKIAH ORR STREET BRIDGE AND CORRIDOR IMPROVEMENTS R. SOUTHERN M. KENEDY 12571956 9/29/2023 GHD Inc. 4080 Plaza Goldorado Circle Suite B Cameron Park California 95682 USA T 1 530 677 5515 APPENDIX B: ADVANCE PLANNING STUDY BRIDGE PLAN & PROFILE D.AGUAS AS SHOWN C-101 0 10' 20' SCALE 1"=20' (11x17 SHEET) PLAN SCALE: 1" = 20' 0 5' 10' SCALE 1"=10' (11x17 SHEET) TYPICAL SECTION (LOOKING UPSTATION) SCALE: 1" = 10' KEYNOTES LEGENDINDICATES DIRECTION OF TRAFFIC ABCD DATE OF ESTIMATE = 10/2023 BRIDGE REMOVAL = 1,100 SQFT STRUCTURE DEPTH = 2'-6 1/2" WIDTH = 15'-0" AREA = 1,125 SQFT N 0 10' 20' SCALE 1"=20' (11x17 SHEET) ELEVATION SCALE: 1" = 20' 0 10' 20' SCALE 1"=20' (11x17 SHEET) PROFILE GRADE SCALE: 1" = 20' DATUM, ELEV 590 TO BRUSH STREET

ORRS CREEK
ORRS CREEK TO FORD STREET E EG EG 0.00% MEASURED ALONG ROAD ALIGNMENT SIDE MOUNTED PEDESTRIAN BARRIER STRUCTURE APPROACH TYPE N (30S) 3'-0" DIAMETER CIDH PILES WATER SURFACE ELEVATION, 611.34' , 100 YEAR FLOOD PEDESTRIAN BRIDGE FENCING (CURVE TOP) F REMOVABLE BOLLARDS

Consultant Prepared Advance Planning Study (APS) Checklist Sheet 1 of 2
OSFP
5/9/01
Date:
10/11/2023
Consultant Firm (for structures):

GHD Inc.

Phone No:
(707) 523-1010
Designed by:

Richard Ramoso, PE
Phone No:

EA:

N/A
County:

MEN
Rte:

N/A
KP(PM)
N/A
Project Description:

Orr Street Bridge and Corridor Improvements Study
Bridge No(s):

TBD
Bridge Name(s):

Orr Street Bridge over Orrs Creek
Total number of bridges in project: 1 APS Alternative Letter or Number (if more than one):

Purpose of this APS: Initial APS Cost & Feasibility Revised scope Update cost Part A Items to collect and considerations prior to beginning the APS All items listed in Part A are to be made available and submitted if requested by the Liaison Engineer. (Mark N/A if not applicable)
Preliminary profile grade of proposed structure.

Typical section of the proposed structure. (Including barrier type, sidewalks, cross slope %, etc.) N/A Grades or spot elevations of roadway below the structure.

N/A Typical section of roadway below the structure. (Including shoulders, gutters, embankment slope.) Site map: including horizontal alignment of new structure and the roadway below, topo, contours, etc.

N/A Stage construction or detour plan for traffic on the structure. (number of lanes to remain open, Temp Railing, etc.)
N/A Stage construction or detour plan for the roadway below the structure. (falsework openings for each stage and any restrictions.) "As Built" plans for existing structures.

N/A Future widening plans of upper and lower roadway (verify with Route Concept Report).

Site aerial photograph (at the proposed structure).

Environmental and/or permit requirements (areas of potential impact, construction windows, etc.) Overhead and underground utility plans
N/A Any other information that you feel is necessary to complete the study. (Other concerns that may affect the APS: local agency requirements such as aesthetics, improvements in vicinity of structure, airspace usage, other obstructions, etc.)
APPENDIX C:

Consultant Prepared Advance Planning Study (APS) Checklist Sheet 2 of 2
OSFP
5/9/01

2. Have the Caltrans Structures Maintenance records been reviewed? If the records recommend any work for the structure, is it included in the APS? Yes
Yes
No
No

1. Has this project been discussed with: the OSFP Liaison Engineer? the Caltrans District Project Manager?
the roadway consultant?
Yes
Yes
Yes
No
No
No

4. (Widenings and Modifications)
Has this project been reviewed for seismic retrofit requirements? Are seismic retrofit requirements included in the APS?
Yes
Yes
No
No

5. Any special Railroad requirements?
Shoofly required?
Cost of shoofly included as a separate item in the project cost estimate? Yes
Yes
Yes
No
No
No

6. Any special foundation requirements, including scour critical work, special excavation such as Type A, Type D, and/or hazardous or contaminated material? Yes No

7. Any special construction requirements, including limited site accessibility or seasonal work? Seasonal work in Orrs Creek if falsework is needed - preferred Alt does not. Yes No Part B Considerations during the APS design and cost estimate preparation

3. Are there special aesthetic considerations? Yes No

8. Other items to be included in the cost such as slope paving, approach slabs, and/or adjacent retaining walls? No Approach roadway such as approach slabs are included in the cost of Bridge Yes

9. Remove existing bridge?
Total Deck Area: 1125 SF (deck is already removed) Yes No

10. Any other unusual or special requirements? Yes No

11. Provide and attach a consultant prepared Design Memo to summarize and document any important assumptions, discussions, decisions, unusual items, local agency requirements such as aesthetics, improvements in vicinity of the structure, airspace usage, other obstructions, or any items noted above. Summary attached? Yes No Designer: (Printed Name)
Richard Ramoso
Designer’s Signature: Date:
11/3/2023

GENERAL PLAN ESTIMATE X ADVANCE PLANNING ESTIMATE
RCVD BY: IN EST:

OUT EST:

BRIDGE: Urr Street Bridge Replacement BR. No.: DISTRICT: 01 TYPE: PC/PS Concrete Box Beam RTE: Ukiah
CU: CO:

EA: KP:

LENGTH: 75.00 WIDTH: 15.00 AREA (SQ.M)= 1,125
DESIGN SECTION:
# OF STRUCTURES IN PROJECT : 01 EST. NO. 1
PRICES BY : COST INDEX:

QUANTITIES BY: Rich DATE: 11/3/2023
QUANTITIES CHECKED BY: Matt DATE: 11/3/2023
ITEM CONTRACT ITEMS SPEC # UNIT QUANTITY UNIT PRICE AMOUNT 1 TEMPORARY RAILING (TYPE K) 129000 LF 75 $50.00 $3,750.00 2 STRUCTURE EXCAVATION (BRIDGE) 192003 CY 100 $250.00 $25,000.00 3 STRUCTURE BACKFILL (BRIDGE) 193003 CY 50 $500.00 $25,000.00 4 24" CIDH CONCRETE PILING 490603 LF 200 $600.00 $120,000.00 5 FURNISH PC/PS BOX BEAM 48286 EA 5 $20,000.00 $100,000.00 6 ERECT PC/PS BOX BEAM 512510 EA 5 $5,000.00 $25,000.00 7 STRUCTURAL CONCRETE, BRIDGE FOOTING 510051 CY 50 $1,500.00 $75,000.00 8 FURNISH HYBRID POLYMER CONCRETE OVERLAY 37461 CF 328 $150.00 $49,218.75 9 PLACE HYBRID POLYMER CONCRETE OVERLAY 37462 SF 1,125 $15.00 $16,875.00 10 STRUCTURAL CONCRETE, APPROACH SLAB 510086 CY 35 $1,800.00 $63,000.00 11 ELASTOMERIC BEARING 518050 EA 12 $1,000.00 $12,000.00 12 JOINT SEAL (MR 2") 519100 LF 30 $200.00 $6,000.00
13 BAR REINFORCING STEEL (BRIDGE) 520102 LB 15,000 $3.00 $45,000.00 14 BRIDGE DECK DRINAGE SYSTEM 750505 LS 1 $10,000.00 $10,000.00 15 CONCRETE BARRIER 839727 LF 150 $300.00 $45,000.00
16 CHAIN LINK FENCE (CURVE TOP) 12956 LF 150 $150.00 $22,500.00 17 ROCK SLOPE PROTECTION 723080 CY 200 $500.00 $100,000.00 18 ROCK SLOPE PROTECTION FABRIC 729011 SY 133 $25.00 $3,333.33 SUBTOTAL $746,677
ROUTING MOBILIZATION ( @ 10 % ) $74,668

1. DES SECTION SUBTOTAL BRIDGE ITEMS $821,345

2. OFFICE OF BRIDGE DESIGN - NORTH CONTINGENCIES (@ 25%) $205,336

3. OFFICE OF BRIDGE DESIGN - CENTRAL BRIDGE TOTAL COST $1,026,681

4. OFFICE OF BRIDGE DESIGN - SOUTH COST PER SQ. FOOT $912.61

5. OFFICE OF BRIDGE DESIGN - WEST BRIDGE REMOVAL (CONTINGENCIES INCL.)

6. OFFICE OF BRIDGE DESIGN SOUTHERN CALIFORNIA WORK BY RAILROAD OR UTILITY FORCES GRAND TOTAL $1,026,681
TOTAL (ROUNDED) $1,030,000
COMMENTS: Geotechnical studies still needed. The cost may change once geotechincal study is completed.

ATTACHMENT I
APPENDIX D: PRELIMINARY COST ESTIMATE

GHD | CITY OF UKIAH | 12571956 | Orr Street Bridge & Corridor Study 25 This document is in draft form. The contents, including any opinions, conclusions or recommendations contained in, or which may be implied from, this draft document must not be relied upon. GHD reserves the right, at any time, without notice, to modify or retract any part or all of the draft document. To the maximum extent permitted by law, GHD disclaims any responsibility or liability arising from or in connection with this draft document.

Appendix F
Preliminary Cost Estimates

Item # Item Description Unit Quantity Unit Cost Total
1 Mobilization (10%) LS 1 $329,000.00 $329,000.00
2 Stormwater Pollution Protection Plan LS 1 $10,000.00 $10,000.00 3 Erosion Control LS 1 $25,000.00 $25,000.00
4 Temporary Traffic Control LS 1 $25,000.00 $25,000.00
5 Building Demolition EA 1 $25,000.00 $25,000.00
6 Bridge Demolition LS 1 $350,000.00 $350,000.00
7 Remove Fence LF 567 $15.00 $8,505.00
8 Remove Curb, Gutter and Sidewalk SQFT 1,680 $20.00 $33,600.00 9 Roadway Excavation CY 242 $80.00 $19,396.98
10 Roadway Resurfacing SQFT 10,156 $5.00 $50,780.00
11 Roadway Widening SQFT 2,320 $18.00 $41,760.00
12 Concrete Sidewalk and Pathways SQFT 2,584 $12.00 $31,008.00 13 Concrete Curb and Gutter LF 1,045 $40.00 $41,800.00
14 Raised Crosswalk EA 2 $5,000.00 $10,000.00
15 Curb Ramp with DWS EA 2 $8,000.00 $16,000.00
16 Bicycle Ramps EA 2 $5,000.00 $10,000.00
17 Utility Adjust to Grade (water valves/meters) EA 2 $2,000.00 $4,000.00 18 Utility Adjust to Grade (Inlets) EA 2 $5,000.00 $10,000.00 19 Utility Adjust to Grade (sewer cleanout) EA 1 $1,200.00 $1,200.00 20 Fire Hydrant Assembly EA 1 $8,000.00 $8,000.00
21 Thermoplastic Traffic Stripe LF 225 $2.50 $562.50
22 Thermoplastic Markings SQFT 442 $9.00 $3,978.00
23 New Signs EA 5 $600.00 $3,000.00
24 Relocate Sign EA 5 $300.00 $1,500.00
25 Landscaping SQFT 0 $12.00 $0.00
26 Proposed Bridge SQFT 3,525 $700.00 $2,467,500.00
27 Street Lighting EA 5 $18,000.00 $90,000.00
28 Contingency/Miscellaneous Items (40%) LS 1 $1,316,000.00 $1,316,000.00 $4,930,000
$75,000
$3,000
$2,000
$8,000
$29,000
$2,000
$0
$50,000
$247,000
$592,000
$740,000
$493,000
$2,240,000
$7,170,000
ALTERNATIVE 1 - TWO LANE VEHICULAR BRIDGE
Orr Street Corridor and Bridge Feasibility Study
Rounded Total (Construction Cost)

CONSTRUCTION COST

SUPPORT COST
Total Project Cost
Rounded Total (Support Cost)
Utility Relocations
Relocation Costs for APN 002-093-25
Right of Acquisition Services
Right of Acquisition APN 002-093-25 ($30/SQFT assumed)
Right of Acquisition APN 002-101-02 ($30/SQFT assumed)
Right of Acquisition APN 002-093-12 ($30/SQFT assumed)
Right of Acquisition APN 002-101-04 ($30/SQFT assumed)
Right of Acquisition APN 002-093-21 ($30/SQFT assumed)
Project Administration (5%)
Preliminary Alternatives / Environmental Document (12%) Design Cost (15%)
Construction Support (10%)
12571956_C004.xlsx/ALT1 4/11/2024

Item # Item Description Unit Quantity Unit Cost Total
1 Mobilization (10%) LS 1 $265,000.00 $265,000.00
2 Stormwater Pollution Protection Plan LS 1 $10,000.00 $10,000.00 3 Erosion Control LS 1 $25,000.00 $25,000.00
4 Temporary Traffic Control LS 1 $25,000.00 $25,000.00
5 Building Demolition EA 1 $25,000.00 $25,000.00
6 Bridge Demolition LS 1 $350,000.00 $350,000.00
7 Remove Fence LF 546 $15.00 $8,190.00
8 Remove Curb, Gutter and Sidewalk SQFT 1,680 $20.00 $33,600.00 9 Roadway Excavation CY 178 $80.00 $14,263.76
10 Roadway Resurfacing SQFT 11,374 $5.00 $56,870.00
11 Roadway Widening SQFT 795 $18.00 $14,310.00
12 Concrete Sidewalk and Pathways SQFT 2,366 $12.00 $28,392.00 13 Concrete Curb and Gutter LF 1,052 $40.00 $42,080.00
14 Raised Crosswalk EA 2 $5,000.00 $10,000.00
15 Curb Ramp with DWS EA 3 $8,000.00 $24,000.00
16 Bicycle Ramps EA 0 $5,000.00 $0.00
17 Utility Adjust to Grade (water valves/meters) EA 2 $2,000.00 $4,000.00 18 Utility Adjust to Grade (Inlets) EA 2 $5,000.00 $10,000.00 19 Utility Adjust to Grade (sewer cleanout) EA 1 $1,200.00 $1,200.00 20 Fire Hydrant Assembly EA 1 $8,000.00 $8,000.00
21 Thermoplastic Traffic Stripe LF 175 $2.50 $437.50
22 Thermoplastic Markings SQFT 105 $9.00 $945.00
23 New Signs EA 5 $600.00 $3,000.00
24 Relocate Sign EA 5 $300.00 $1,500.00
25 Landscaping SQFT 0 $12.00 $0.00
26 Proposed Bridge SQFT 2,325 $800.00 $1,860,000.00
27 Street Lighting EA 5 $18,000.00 $90,000.00
28 Contingency/Miscellaneous Items (40%) LS 1 $1,059,000.00 $1,059,000.00 $3,970,000
$75,000
$3,000
$2,000
$8,000
$17,000
$2,000
$0
$50,000
$199,000
$477,000
$596,000
$318,000
$1,750,000
$5,720,000
Rounded Total (Support Cost)
Total Project Cost
Right of Acquisition Services
Project Administration (5%)
Preliminary Alternatives / Environmental Document (12%) Design Cost (15%)
Construction Support (8%)
Utility Relocations
Relocation Costs for APN 002-093-25

CONSTRUCTION COST

SUPPORT COST
Orr Street Corridor and Bridge Feasibility Study
ALTERNATIVE 2 - SINGLE LANE VEHICULAR BRIDGE
Rounded Total (Construction Cost)
Right of Acquisition APN 002-093-25 ($30/SQFT assumed)
Right of Acquisition APN 002-101-02 ($30/SQFT assumed)
Right of Acquisition APN 002-093-12 ($30/SQFT assumed)
Right of Acquisition APN 002-101-04 ($30/SQFT assumed)
Right of Acquisition APN 002-093-21 ($30/SQFT assumed)
12571956_C004.xlsx/ALT2 4/11/2024

Item # Item Description Unit Quantity Unit Cost Total
1 Mobilization (10%) LS 1 $215,000.00 $215,000.00
2 Stormwater Pollution Protection Plan LS 1 $10,000.00 $10,000.00 3 Erosion Control LS 1 $25,000.00 $25,000.00
4 Temporary Traffic Control LS 1 $25,000.00 $25,000.00
5 Building Demolition EA 1 $80,000.00 $80,000.00
6 Bridge Demolition LS 1 $350,000.00 $350,000.00
7 Remove Fence LF 456 $15.00 $6,840.00
8 Remove Curb, Gutter and Sidewalk SQFT 1,680 $20.00 $33,600.00 9 Roadway Excavation CY 676 $80.00 $54,085.26
10 Roadway Resurfacing SQFT 10,974 $5.00 $54,870.00
11 Roadway Widening SQFT 10,263 $18.00 $184,734.00
12 Concrete Sidewalk and Pathways SQFT 5,587 $12.00 $67,045.50 13 Concrete Curb and Gutter LF 1,226 $40.00 $49,040.00
14 Raised Crosswalk EA 0 $5,000.00 $0.00
15 Curb Ramp with DWS EA 2 $8,000.00 $16,000.00
16 Bicycle Ramps EA 2 $5,000.00 $10,000.00
17 Utility Adjust to Grade (water valves/meters) EA 4 $2,000.00 $8,000.00 18 Utility Adjust to Grade (Inlets) EA 2 $5,000.00 $10,000.00 19 Utility Adjust to Grade (sewer cleanout) EA 2 $1,200.00 $2,400.00 20 Fire Hydrant Assembly EA 1 $8,000.00 $8,000.00
21 Thermoplastic Traffic Stripe LF 104 $2.50 $260.00
22 Thermoplastic Markings SQFT 35 $9.00 $315.00
23 New Signs EA 7 $600.00 $4,200.00
24 Relocate Sign EA 5 $300.00 $1,500.00
25 Landscaping SQFT 754 $12.00 $9,042.92
26 Proposed Bridge SQFT 1,125 $915.56 $1,030,005.00
27 Street Lighting EA 6 $18,000.00 $108,000.00
28 Contingency/Miscellaneous Items (40%) LS 1 $860,000.00 $860,000.00 $3,220,000
$75,000
$3,000
$2,000
$8,000
$17,000
$0
$0
$150,000
$161,000
$387,000
$483,000
$258,000
$1,540,000
$4,760,000
Utility Relocation
Relocation Costs for APN 002-093-25
Right of Way Acquisition Services

CONSTRUCTION COST

SUPPORT COST
Right of Way Acquisition APN 002-093-25 ($30/SQFT assumed) Right of Way Acquisition APN 002-101-02 ($30/SQFT assumed) Right of Way Acquisition APN 002-093-12 ($30/SQFT assumed) Right of Way Acquisition APN 002-101-04 ($30/SQFT assumed) Right of Way Acquisition APN 002-093-21 ($30/SQFT assumed) Design Cost (15%)
Construction Support (8%)
Total Project Cost
Rounded Total (Support Cost)
Orr Street Corridor and Bridge Feasibility Study
ALTERNATIVE 3a - Bike and Pedestrian Bridge (with emergency access) Rounded Total (Construction Cost)
Project Administration (5%)
Preliminary Alternatives / Environmental Document (12%) 12571956_C004.xlsx/ALT3a 4/11/2024

Item # Item Description Unit Quantity Unit Cost Total
1 Mobilization (10%) LS 1 $207,000.00 $207,000.00
2 Stormwater Pollution Protection Plan LS 1 $10,000.00 $10,000.00 3 Erosion Control LS 1 $25,000.00 $25,000.00
4 Temporary Traffic Control LS 1 $25,000.00 $25,000.00
5 Building Demolition EA 0 $80,000.00 $0.00
6 Bridge Demolition LS 1 $350,000.00 $350,000.00
7 Remove Fence LF 456 $15.00 $6,840.00
8 Remove Curb, Gutter and Sidewalk SQFT 1,680 $20.00 $33,600.00 9 Roadway Excavation CY 676 $80.00 $54,085.26
10 Roadway Resurfacing SQFT 10,974 $5.00 $54,870.00
11 Roadway Widening SQFT 10,263 $18.00 $184,734.00
12 Concrete Sidewalk and Pathways SQFT 5,587 $12.00 $67,045.50 13 Concrete Curb and Gutter LF 1,226 $40.00 $49,040.00
14 Raised Crosswalk EA 0 $5,000.00 $0.00
15 Curb Ramp with DWS EA 2 $8,000.00 $16,000.00
16 Bicycle Ramps EA 2 $5,000.00 $10,000.00
17 Utility Adjust to Grade (water valves/meters) EA 4 $2,000.00 $8,000.00 18 Utility Adjust to Grade (Inlets) EA 2 $5,000.00 $10,000.00 19 Utility Adjust to Grade (sewer cleanout) EA 2 $1,200.00 $2,400.00 20 Fire Hydrant Assembly EA 1 $8,000.00 $8,000.00
21 Thermoplastic Traffic Stripe LF 104 $2.50 $260.00
22 Thermoplastic Markings SQFT 35 $9.00 $315.00
23 New Signs EA 7 $600.00 $4,200.00
24 Relocate Sign EA 5 $300.00 $1,500.00
25 Landscaping SQFT 754 $12.00 $9,042.92
26 Proposed Bridge SQFT 1,125 $915.56 $1,030,005.00
27 Street Lighting EA 6 $18,000.00 $108,000.00
28 Contingency/Miscellaneous Items (40%) LS 1 $828,000.00 $828,000.00 $3,100,000
$75,000
$3,000
$2,000
$8,000
$17,000
$0
$0
$150,000
$155,000
$372,000
$465,000
$248,000
$1,500,000
$4,600,000
Right of Way Acquisition APN 002-093-25 ($30/SQFT assumed) Orr Street Corridor and Bridge Feasibility Study
ALTERNATIVE 3b - Bike and Pedestrian Bridge (with emergency access)

CONSTRUCTION COST
Rounded Total (Construction Cost)

SUPPORT COST
Utility Relocation
Right of Way Acquisition APN 002-093-12 ($30/SQFT assumed) Right of Way Acquisition APN 002-101-04 ($30/SQFT assumed) Right of Way Acquisition APN 002-093-21 ($30/SQFT assumed) Right of Way Acquisition APN 002-101-02 ($30/SQFT assumed) Rounded Total (Support Cost)
Total Project Cost
Relocation Costs for APN 002-093-25
Right of Way Acquisition Services
Project Administration (5%)
Preliminary Alternatives / Environmental Document (12%) Design Cost (15%)
Construction Support (8%)
12571956_C004.xlsx/ALT3b 4/11/2024

GHD | CITY OF UKIAH | 12571956 | Orr Street Bridge & Corridor Study 26 www.ghd.com The Power of Commitment

1 Kristine Lawler
Subject: 13d Correspondence Received - Crispin Hollinshead -----Original Message-----
From: Crispin B. Hollinshead <[email protected]> Sent: Tuesday, July 16, 2024 1:03 PM
To: KrisƟne Lawler <[email protected]>
Subject: Orr Street bridge
To the Ukiah City Council,
Please support the residents local to the Orr Street bridge. Do NOT make it open for vehicular traffic, even one lane.

There are numerous other streets within the City that are dead end, and all large vehicles just back up. For some reason this issue has become a zombie, not alive, but never really dead.

Thank you.

Crispin B. Hollinshead
960 Dominican Way
Ukiah

13d Correspondence Received

July 17, 2024
Comment LeƩer for Agenda Item 13d for July 17, 2024
City Council:

We gather again and confront this 14-year-old saga of what to do about the Orr Street Bridge.

The city has done everything possible to quash the neighborhood’s desire for a pedestrian and bicycle bridge over Orr Creek. There have been mulƟple seated councils weighing in, they have provided actual direcƟon to staff (October 6, 2010) supporƟng bridge improvements for a pedestrian and cyclist opƟon and later they allocated funds of over $200,000.00 to make it happen. Meanwhile years have gone by (over a decade) and through the ensuing years the Wagenseller Neighborhood AssociaƟon trudged on making periodic inquiries about the capital funds and Ɵmeline for bridge improvements with staff repeatedly rebuffing them.

While the City was biding its Ɵme and not maintaining the bridge it of course deteriorated, becoming a nuisance and finally a hazard that forced them to take acƟon (2023) thereby demolishing the deck and railings. DELAY, DELAY and DELAY is a strategy government uses. Staff opposed the prior council’s decision of making it a potenƟal pedestrian and bicycle structure.

The city promotes the following moƩo, “ConƟnually working to promote diversity, equity, transparency and jusƟce through the adopƟon and implementaƟon of City pracƟces, policies and procedures.” Unfortunately, the city has never prioriƟzed the Wagenseller neighborhood and has historically neglected it.

The Wagenseller neighborhood has been idenƟfied as a high need community with many residents living in subsidized federal housing and many families qualifying for other government enƟtlements. There are no schools or parks for the children in this neighborhood to congregate in. The Great Rail Trail absolutely does not address their need. The Orr Street Bridge has the potenƟal to provide the connecƟvity to the park directly across the highway. The Greenway design makes it possible for this under-resourced neighborhood access to a nearby park that can be reached by foot or bicycle. The city’s planning documents like the General Plan call out this neighborhood for a park.

In the city’s applicaƟon to Community Development Block Grant (CDBG) 2020-2021 under introducƟon in their request for proposal, it states:
“The plan will be an incorporaƟon of community and neighborhood input and needs, the physical and financial constraints and ulƟmately the vision of the neighborhood.” A posiƟon I have heard some express including a city council member is that they are in favor of allowing vehicles over the bridge because it will discourage illegal camping in Orr Creek this is a baseless argument. Illegal camping occurs everywhere just look under the Orchard bridge, under the Gibson Creek culvert at Orchard Street and many other places in town where vehicles travel. We have a collapsed mental health system, limited substance abuse treatment beds and an affordable housing crisis all of which have created the social reality of people sleeping rough.

A YES vote for AlternaƟve 3 is a “just” vote, prioriƟzing the neighborhood over traffic.

A NO vote for AlternaƟve 2 is a vote that favors neighbors over speeders.

Thank you,
Linda Sanders, Ukiah resident
13d Correspondence Received

1 Kristine Lawler
Subject: 13d Correspondence Received - Eileen Mitro
-----Original Message-----
From: Eileen Mitro <climateacƟ[email protected]>
Sent: Wednesday, July 17, 2024 11:50 AM
To: KrisƟne Lawler <[email protected]>
Subject: Item 13d for 7/17/24 City Council meeƟng
We have an image of a completed Orr Street Bridge pedestrian and bike path through the Wagenseller neighborhood and how peaceful and quiet that would be. The City of Ukiah’s General Plan and other City documents in development call for a more walkable and pedestrian/bike friendly city. If we walk our talk we need to promote paths that are walkable and safe.

The idea of opening up the bridge to one-way vehicular traffic means noise, emissions and constant traffic through a low income area. This is exactly what we do not want.

Please vote against any vehicular access except for bicycles.

Thank you
Eileen Mitro
Climate AcƟon Mendocino

1 Kristine Lawler
Subject: 13d Correspondence Received - Cathy Monroe
From: Cathy Monroe <[email protected]>
Sent: Wednesday, July 17, 2024 12:20 PM
To: Kristine Lawler <[email protected]>
Subject: ORR Creek Bridge
I understand that the city is considering allowing one way traffic on the reconstructed Orr Creek bridge rather than restricting traffic to bikes or pedestrians. I strongly oppose this action. This is an intrusion on what should be a quiet and safe residential area that encourages walking and biking. When the previous Orr Creek bridge was open to traffic it became very busy with nonresident traffic seeking shortcuts through the neighborhood. I often used it that way myself and found it often crowded. Even one way traffic on the bridge would have a negative impact on the residents of this area that definitely outweigh any benefits.

Sincerely, Cathy Monroe

Agenda Item No: 13.e.

MEETING DATE/TIME: 7/17/2024

ITEM NO: 2024-352

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Bid for Contract for the Riverside Park Regeneration Project Specification 24-05.

DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Neil Davis, Community Services Director.

ATTACHMENTS:

1. Spec 24-05 Riverside Park Regeneration (2)
Summary: Council will consider awarding a contract for the Riverside Park Regeneration Project Specification 24-05.

Background: On May 15, 2024, the Ukiah City Council approved the plans and specifications for the Riverside Park Regeneration Project, Specification 24-05, and directed Staff to advertise bids.

Discussion: On June 11, 2024, the bid was released for Spec 24-05 Riverside Park Regeneration. Please see Attachment 1 for a copy of the finalized bid specifications. The bid notice was distributed to the Builder's Exchanges, as well as contractors on the Qualified Bidder's list and posted to Bidnet Direct. A mandatory prebid meeting was conducted on June 20, 2024. Bids are due and will be opened at 2 p.m. on July 15, 2024.

Following the bid opening, Staff will be submitting a supplementary memo to Council with an award recommendation for consideration in time for the July 17, 2024, Council Meeting. The memo will be accompanied by the bid tabulation and the lowest responsive, responsible bidder's bid documents. Depending on the final bid amount, the recommended action will be adjusted to possibly include a budgetary recommendation. This grant-funded project is included in the adopted budget for fiscal year 24/25.

Recommended Action: Award bid for the Riverside Park Regeneration Project Specification 24-05.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 30522250.80220.18014: $805,977
PROPOSED BUDGET AMOUNT: NA
FINANCING SOURCE: CA Natural Resources Agency Grant
PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA
COORDINATED WITH: Mary Horger, Financial Services Manager; Myles Fisette, Purchasing Manager; Tim Eriksen, Public Works Director
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.

CLIMATE INITIATIVES (CI): 4a – Implement nature-based climate solutions.

GENERAL PLAN ELEMENTS (GP):GP-A4 - Public Facilities, Services, and Infrastructure Element

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

RIVERSIDE PARK REGENERATION
SPECIFICATION NO. 24-05

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
Mandatory Pre-Bid Meeting
10:00 a.m., June 20, 2024
Riverside Park
1281 East Gobbi Street
Ukiah CA 95482
Bids Open: July 15, 2024
2:00 p.m.

Office of City Clerk
ATTACHMENT 1

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

JOSEFINA DUEÑAS – MAYOR
DOUGLAS CRANE– COUNCIL MEMBER
SUSAN SHER – COUNCIL MEMBER
JUAN OROZCO– COUNCIL MEMBER
MARI RODIN– COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER

TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
JUNE 2024

RIVERSIDE PARK REGENERATION iii Spec No.24-05
REFLECTING ADDENDUM 3

TABLE OF CONTENTS
PAGE

NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS...................................................................................................................... 1

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ............................................. 3 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications 1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT.......................................................................... 5 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................... 5 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS ..................................................................................................................................... 6 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS......................................................... 7 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage

RIVERSIDE PARK REGENERATION iv Spec No.24-05
REFLECTING ADDENDUM 3
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ........................................................ 9 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY........................................................................ 13 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT.............................................................. 17 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK ................................................................................................... 17 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays

RIVERSIDE PARK REGENERATION v Spec No.24-05
REFLECTING ADDENDUM 3
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT............................................................................................................................. 19 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS............................................................................................................... 22 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure
11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION.................................................................................................. 27 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Dust Control
12-14. Noise Control
12-15. Watering
12-16. Preconstruction Conference
12-17. Progress Schedule
12-18. Progress Meetings
12-19. Safety Requirements
12-20. Public Notification
SECTION 13. CONSTRUCTION DETAILS................................................................................................. 32 Standard Plan List

RIVERSIDE PARK REGENERATION vi Spec No.24-05
REFLECTING ADDENDUM 3
Organization

DIVISION I GENERAL PROVISIONS
1 General
2 Bidding
3 Contract Award and Execution
4 Scope of Work
5 Control of Work
6 Control of Materials
7 Legal Relations and Responsibility to the Public
8 Prosecution and Progress
9 Payment

DIVISION II GENERAL CONSTRUCTION
10 General
11 Welding
12 Temporary Traffic Control
13 Water Pollution Control
14 Environmental Stewardship
15 Existing Facilities
16 Temporary Facilities

DIVISION III EARTHWORK AND LANDSCAPE
17 General
18 Dust Palliative
19 Earthwork
20 Landscape
21 Erosion Control
22 Finishing Roadway

DIVISION IV SUBBASES AND BASES
23 General
24 Stabilized Soils
25 Aggregate Subbases
26 Aggregate Bases
27 Cement Treated Bases
28 Concrete Bases
29 Treated Permeable Bases
30 Reclaimed Pavement
31 Reserved
32 Reserved
33 Reserved
34 Reserved
35 Reserved

DIVISION V SURFACINGS AND PAVEMENTS
36 General
37 Bituminous Seals
38 Reserved
39 Asphalt Concrete
40 Concrete Pavement

RIVERSIDE PARK REGENERATION vii Spec No.24-05
REFLECTING ADDENDUM 3
41 Existing Concrete Pavement
42 Groove and Grind Concrete
43 Reserved
44 Reserved

DIVISION VI STRUCTURES
45 General
46 Ground Anchors and Soil Nails
47 Earth Retaining Systems
48 Temporary Structures
49 Piling
50 Prestressing Concrete
51 Concrete Structures
52 Reinforcement
53 Shotcrete
54 Waterproofing
55 Steel Structures
56 Overhead Sign Structures, Standards, and Poles
57 Wood and Plastic Lumber Structures
58 Sound Walls
59 Structural Steel Coatings
60 Existing Structures

DIVISION VII DRAINAGE
61 General
62 Reserved
63 Reserved
64 Plastic Pipe
65 Concrete Pipe
66 Corrugated Metal Pipe
67 Structural Plate Culverts
68 Subsurface Drains
69 Overside Drains
70 Miscellaneous Drainage Facilities
71 Existing Drainage Facilities

DIVISION VIII MISCELLANEOUS CONSTRUCTION
72 Slope Protection
73 Concrete Curbs and Sidewalks
74 Pumping Equipment and Controls
75 Miscellaneous Metals
76 Wells
77 Local Infrastructure
78 Incidental Construction
79 Reserved
80 Fences

DIVISION IX TRAFFIC CONTROL FACILITIES
81 Miscellaneous Traffic Control Devices
82 Signs and Markers
83 Railings and Barriers
84 Markings

RIVERSIDE PARK REGENERATION viii Spec No.24-05
REFLECTING ADDENDUM 3
85 Reserved

DIVISION X ELECTRICAL WORK
86 General
87 Electrical Systems
88 Reserved – Undergrounding

DIVISION XI MATERIALS
89 Aggregate
90 Concrete
91 Paint
92 Asphalt Binders
93 Reserved
94 Asphaltic Emulsions
95 Epoxy
96 Geosynthetics
97 Reserved
98 Reserved

DIVISION XII BUILDING CONSTRUCTION
99 Building Construction
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS................................................................. 73 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS.................................................................... 73 15-01. Provisions of General Conditions to be Amended

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST...................................................................................................................... 74 PROPOSAL ............................................................................................................................................ 75 BIDDING SCHEDULE................................................................................................................................... 76 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 80 WORKER'S COMPENSATION CERTIFICATE............................................................................................ 81 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT................................................................... 82 LIST OF PROPOSED SUBCONTRACTORS............................................................................................... 83 STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................. 84 SIGNATURE OF BIDDER............................................................................................................................. 85 BIDDER'S BOND .......................................................................................................................................... 86 NON-COLLUSION AFFIDAVIT..................................................................................................................... 87

RIVERSIDE PARK REGENERATION ix Spec No.24-05
REFLECTING ADDENDUM 3
AGREEMENT 88
INDEMNIFICATION AGREEMENT……………………………………………………………………………... 92

EXAMPLE BOND FORMS.......................................................................................................................... 93 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND .......... 98 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND .............................................. 99

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

APPENDIX 1: SWPPP
APPENDIX 2: AQUATIC RESPOURCES DELINEATION REPORT
APPENDIX 3: HABITAT ASSESSMENT REPORT
APPENDIX 4: SOIL SAMPLING REPORT 1
APPENDIX 5: IS/MND & NOC
APPENDIX 6: SOIL SAMPLING REPORT – Both Events

RIVERSIDE PARK REGENERATION x Spec No.24-05
REFLECTING ADDENDUM 3

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR

RIVERSIDE PARK REGENERATION
SPECIFICATION NO. 24-05
NOTICE IS HEREBY GIVEN that sealed standard proposals for RIVERSIDE PARK REGENERATION will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on July 15, 2024, at which time, or as soon thereafter as possible, they will be publicly opened and read.

Bids shall be addressed to the City Clerk and shall be endorsed “RIVERSIDE PARK REGENERATION.” Bids are required for the entire work described herein. No fax bids will be accepted.

ENGINEER'S ESTIMATE OF QUANTITIES
Item
No.

Description Quantity Unit of
Measure
1 Mobilization, Demobilization, and Final Cleanup 1 LS
2 Storm Water Pollution Prevention Plan (SWPPP) 1 LS
3 Storm Water Sampling and Analysis 1 EA
4 Temporary Water Pollution Control Measures 1 LS
5 Progress Schedule (Critical Path Method) 1 LS
6 Construction Area Signs 1 LS
7 Construction Survey 1 LS
8 Remove Debris Material 18,200 CY
9 Clearing and Grubbing 1 LS
10 Remove Tree and Stump 3 EA
11 Soil Export (Contaminated Soil) 1 LS
12 Tree Protection 1 LS
13 Grading 25,000 CY
14 Bentonite 552 CY
15 Soil Amendment Placement 249,480 SF
16 Basalt Chip 28 CY
17 Planting 1 EA
18 Hydroseed (seed is owner provided, contractor to pick up seed in Colusa, CA)
255,262 SF
19 Irrigation Allowance 1 LS
20 Plant Establishment Work 1 LS

BID ALTERNATES
Item
No.

Description Quantity Unit of
Measure
A1 Boulder Placement 9 EA
A2 Planting 1 EA

RIVERSIDE PARK REGENERATION xi Spec No.24
-05
REFLECTING ADDENDUM 3

RIVERSIDE PARK REGENERATION xii Spec No.24-05
REFLECTING ADDENDUM 3
Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Myles Fisette, Purchasing Manager at (707) 463-6225 or by email at [email protected].

A MANDATORY PRE-BID MEETING will be held at 10:00 a.m., June 20, 2024, at 1281 East Gobbi Street, Ukiah, California 95482.

The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.

No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(aThe prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class A Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract By order of the City Council, City of Ukiah, County of Mendocino, State of California.

Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: JUNE 18, 2024

RIVERSIDE PARK REGENERATION 1 Spec No.24-05
REFLECTING ADDENDUM 3

INSTRUCTIONS TO BIDDERS
RIVERSIDE PARK REGENERATION shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.

Each bidder must supply all the information required by the bid documents and Special Provisions.

Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.

All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions.

No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof.

The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.

The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.

The work is to be completed within 180 working days. The Contractor will pay to the City the sum of five thousand ($5000.00) dollars per day for each and every calendar day delay beyond the time prescribed.

The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.

All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening.

The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.

Examination of Site, Drawings, Etc.

Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in

RIVERSIDE PARK REGENERATION 2 Spec No.24-05
REFLECTING ADDENDUM 3
no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.

The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.

The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.

Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:

Myles Fisette, Purchasing Manager
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.

Location of the Work
All of the work to be performed is within the City of Ukiah at Riverside Park, 1281 E. Gobbi Street.

RIVERSIDE PARK REGENERATION 3 Spec No.24-05
REFLECTING ADDENDUM 3

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives.
e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein.
i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.

Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.

As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the

RIVERSIDE PARK REGENERATION 4 Spec No.24-05
REFLECTING ADDENDUM 3
character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected.
1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.

In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.

RIVERSIDE PARK REGENERATION 5 Spec No.24-05
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1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions.
1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda.

Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.

SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if awarded, will be to the lowest responsible base bid which complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany.
2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.

SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach.

All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.

RIVERSIDE PARK REGENERATION 6 Spec No.24-05
REFLECTING ADDENDUM 3
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.

Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern.

All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale 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 contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid much check the website frequently for any posted addenda.

Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.

RIVERSIDE PARK REGENERATION 7 Spec No.24-05
REFLECTING ADDENDUM 3
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.

RIVERSIDE PARK REGENERATION 8 Spec No.24-05
REFLECTING ADDENDUM 3

4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured 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. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

5. 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 Subdivision (b) of Section 2782 of Civil Code.

6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:

A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time.

RIVERSIDE PARK REGENERATION 9 Spec No.24-05
REFLECTING ADDENDUM 3
5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.

Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.

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In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.

The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.

All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.

Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract

RIVERSIDE PARK REGENERATION 11 Spec No.24-05
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Documents have been executed and insurance certificates and endorsements have been approved by the City.
6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to

RIVERSIDE PARK REGENERATION 12 Spec No.24-05
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be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer.

If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.

All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately.
mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.

2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive.

In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

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3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time 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. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.

4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.

5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

6. Travel and Subsistence Payments.

Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).

7. Apprentices.

Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period.

The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.

The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.

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Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work.

SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work.

The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.

If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection.

Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.

Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.

Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and benchmarks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in

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the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.

The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.

Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings.
7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.

The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.

The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer.
7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.

If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit.

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7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. In the event that a termination under this section is determined to be improper, such termination shall be deemed a constructive termination for convenience taken pursuant to section 7-12 below.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:

1. Stop work as specified in the notice.

2. Complete any work specified in the notice of termination in a least cost/shortest time manner while still maintaining the quality called for under the contract documents.

3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the contract documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.

4. Terminate all subcontracts to the extent that they relate to the portions of the work terminated.

5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the contract.

6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the contract documents, the following amounts:

All actual reimbursable costs incurred according to the provisions of this contract.

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1. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.

2. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the contract under this Article.

Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease work on the project until such safety or liability issues are addressed to the satisfaction of the City or the contract is terminated.

SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.

When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.

All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All

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tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.

SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified.
9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence.

Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby.
9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

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Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.

The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.

The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.

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The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.

1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place.

Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California.

Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).

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(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.

2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.

The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.

3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.

Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.

In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.

The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall

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become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".

When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.

All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.

When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon.

Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.05 "Changes and Extra Work", and Section 9-1.04,"Force Account" of the Standard Specifications.

This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five thousand dollars ($5000.00) per day for each and every calendar day's delay beyond the time prescribed.

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in

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the sum of $250 per day of delay in excess of the time specified for the completion of the work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure Contractor shall timely comply with all notices and requests for changes to the contract time or contract price, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the contract time or contract price, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the District. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the District and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C. Supporting Documentation. The Contractor shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules

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Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.

If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s 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 City shall have up to three days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the District may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $15,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

F. Mediation. 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 City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

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.

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Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

The mediation shall be held no earlier than the date the Contractor completes the work or the date that the Contractor last performs work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter

2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

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11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work.
11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

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TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. The work involves construction of seasonal wetlands at 1281 East Gobbi Street in Ukiah, California within Riverside Park. The tasks include but are not limited to clearing and grubbing, maintenance of SWPPP, installation of stormwater BMP’s, monitoring and maintenance of erosion control measures, removal and off haul of existing concrete/asphalt debris, grading and contouring to create wetlands, confirmation of final grades, new gravel paths, planting and irrigation, maintenance of planting and irrigation.

The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Myles Fisette at (707) 463-6225.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:

The following sections of the Technical Specifications are included in the Contract documents Section 02100 Demolition
Section 02230 Site Clearing
Section 02260 Landscape Grading
Section 02300 Earthworks
Section 02315 Wetland Grading
Section 02811 Irrigation
Section 02905-Landscape Installation
Section 02950.10 Hydroseed
Section 02970 - Landscape Maintenance12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in on the Plans. The Plans consist of one hundred and seven (107) sheets numbered 1 through 107 and they are hereby made a part of the Contract Documents. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work.

The Contractor shall obtain an encroachment permit from the City of Ukiah Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation 2018, are hereby made a part of these special provisions, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." These special provisions specify the qualitative technical requirements of the project.

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Whenever in the Standard Specifications and the Standard Plans the following terms are used, they shall be understood to mean and refer to the following:

Department of Transportation - Caltrans
Director of Public Works - The City of Ukiah Director of Public Works/City Engineer.

Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Laboratory - The designated laboratory authorized by the City of Ukiah and approved by Caltrans to test materials and work involved in the contract.

State or Owner - The City of Ukiah
Other terms appearing in the Standard Specifications and the Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the Standard Specifications.

In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows:

1. (City) Special Provisions

2. (City) Project Plans

5. Technical Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. Attention is directed to Section 7-1.03, "Public Convenience," 7-

1.04, "Public Safety" of the Standard Specifications. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.03, "Public Convenience," 7-1.04, "Public Safety," 12-1.01, “General,” and 12-3," Temporary Traffic Control Devices," of the Standard Specifications.

Streets shall be open to through vehicular traffic during non-working hours. The Contractor shall provide temporary pavement, trench plates and any other methods shall be utilized to allow for a normal driver experience. The Contractor shall provide all applicable signage through the work zone to inform the public of the condition of the roadway through the site. During work hours public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Access to abutting property, driveways and building entrances shall be maintained during the performance of the work. The Contractor is advised that commercial and residential businesses immediately abut the Project Area. The Contractor shall provide advance written notification of the work and of temporary closures of driveways to the abutting property owners or managers of the businesses at least 5 business days prior to the start of the Work or the temporary closure of the driveway to the respective business property. The format and content of the Notice by the Contractor shall be approved by the Engineer prior to its issuance to the public. The Contractor shall provide trench plates at driveways and left turn pockets after the trench and roadway excavation has been made at those particular locations. The Contractor shall maintain safe and accessible (ADA compliant) walkways to all business entrances within the Project Area for the duration of the project. Under no circumstances shall access to any

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business be blocked or closed without the written approval of the City and written consent of the business owner.

12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement.

The Contractor’s attention is also directed to Section 13, “Water Pollution Control,” of the Standard Specifications and to Section 13-3, “Storm Water Pollution Prevention Plan”, of the Standard Specifications concerning the requirement for submittal to the Engineer for approval of a Storm Water Pollution Prevention Plan (SWPPP) for the control of pollution to adjacent drainage courses during the construction of the project.

Said SWPPP shall include the erosion control provisions required by Section 13, “Water Pollution Control”, of the Construction Details.
12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one (1) year from the date of final acceptance, except where longer warranties are specified herein. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period.
12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary. 12-13. Dust Control. Dust control shall conform to the provisions of Section 18 “Dust Palliatives” of the Standard Specifications.

Dust shall be managed all active construction areas by water at least twice daily and more often during hot or windy periods or use of a dust palliative. The active construction areas adjacent to businesses and residential areas shall be kept damp at all times. Hauling trucks shall be covered and at least a two-foot freeboard shall be maintained.

Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved with hot mix asphalt or have a stabilized access in accordance with the details of TC-1, “Stabilized Construction Entrance/Exit,” of the Caltrans Construction Site Best Management Practices Manual or Standard Plan T58. Unpaved construction staging areas shall receive the application of either water twice daily or a dust palliative. All paved roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work.

The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes.

Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph 12-14. Noise Control. The Contractor’s attention is directed to the provisions of Section 14-8.02, “Noise Control", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days.

Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source.

The Contractor shall notify all residents, businesses and property owners within a 500-foot radius of the construction site about the proposed construction schedule. The notification shall be in writing and it shall be developed by the Contractor and submitted to the City for approval a minimum of 5 working days prior to the proposed public notification.

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The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents.

The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications.

The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines.
12-15. Watering. The application of water shall be performed in accordance with the provisions of Section 18, “Dust Palliatives,” of the Standard Specifications except as modified by these Special Provisions. The Contractor is advised that water may be obtained from fire hydrants within the Project Area under permit with the City’s Public Utilities Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at Public Utilities Department-Water Division Building within the City’s Corporation Yard located at 1320 Airport Road, (707) 463-6200. 12-16. Preconstruction Conference. A preconstruction conference shall be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.02D, "Level 3 Critical Path Method Schedule," of the Standard Specifications. Critical Path Method (CPM) schedules shall be prepared using Microsoft Project software, or an equivalent software application approved by the Engineer. After baseline schedule is accepted by the Engineer, Contractor shall update and submit the CPM schedule to Engineer for review every 2 calendar weeks. 12-18. Progress Meetings. The Engineer shall schedule, arrange and conduct progress meetings. These meetings shall be conducted once per week, or as mutually agreed by Contractor and City, and shall be attended by the Contractor’s superintendent and representatives of all subcontractors, utilities, and others, who are active in the execution of the Work. The purpose of these meetings shall be to review the Contractor’s CPM schedule, resolve conflicts, and in general, coordinate and expedite the execution of the Work. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings and record the meeting minutes.
12-19. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. 12-20. Public Notification. The Contractor shall be responsible for all public notification regarding construction work, including detours, lane and street closures, hours of operations, and notification of effected commercial businesses and residences within 1000 feet of the construction. For any business impacted by construction, the Contractor shall provide adequate sized on-site signage indicating that businesses are open during construction. The Contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, Ukiah Unified School District, Ukiah Municipal Airport. At a minimum, Main Street, State Street, School Street, Perkins Street, and Gobbi Street will be affected by potential detours and street closures, with recommended alternate routes of travel. Access will be restricted to businesses and residents only during construction closures. Location of street closures signage shall be positioned to give motorists the ability to use alternate routes prior to coming to a dead end road closed for construction. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior noticing to the public. All public noticing shall be performed a minimum of one (1) calendar week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of intersections

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shall be noted. The Contractor shall submit all public notice language to the City Engineer for approval prior to publication of notices. All road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use.

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SECTION 13 - CONSTRUCTION DETAILS

STANDARD PLAN LIST
The following Standard Plans are incorporated by reference:

NOT USED

ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION I GENERAL PROVISIONS
1 GENERAL
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
2 BIDDING
Add to section 2-1.06B:

The City makes the following supplemental project information available:

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Supplemental Project Information
Means Description
Included in the Information Handout
Available as specified in the Standard
Specifications
Included with the project plans
Available for inspection at the Transportation
Laboratory
Available for inspection at the District Office
Telephone no.: _____
Available for inspection at:

City of Ukiah Public Works Dept.

Telephone no.: (707) 463-6755
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
3 CONTRACT AWARD AND EXECUTION
Add to section 3-1.06:

The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
4 SCOPE OF WORK
Replace section 4-1.03 with:

The work involves construction of seasonal wetlands at 1281 East Gobbi Street in Ukiah, California within Riverside Park. The tasks include but are not limited to clearing and grubbing, maintenance of SWPPP, installation of stormwater BMP’s, monitoring and maintenance of erosion control measures, removal and off haul of existing concrete/asphalt debris, grading and contouring to create wetlands, confirmation of final grades, new gravel paths, planting and irrigation, maintenance of planting and irrigation. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
5 CONTROL OF WORK
Add to section 5-1.20A:

During the progress of the work under this Contract, work under the following contracts may be in progress at or near the job site of this Contract:

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Coincident or Adjacent Contracts
City Contract no. City–Route–Post Mile Location Type of work Replace section 5-1.26 with:

Construction surveying including horizontal and vertical control and construction staking shall be the responsibility of the Contractor. Vertical and horizontal control is to be established from the existing Control Points established by the City and shown on the Plans. Vertical Control Points are shown on the Plans.

Prior to the start of excavation work, the Contractor will be required to pothole existing utilities and other underground piping for the purpose of verifying location and depth a minimum of five (5) working days in advance of excavation. The limited utility information indicated on the Plans reflects a baseline sampling of potential utility conflicts identified during the design of the project. The Contractor is responsible for potholing at these locations at a minimum. Additional utility location efforts may be required by the Contractor to positively locate all utilities impacted by the project. As a part of the Work, the Contractor will be responsible for performing all survey and construction layout work and performing testing and quality control work.

Add to section 5-1.36A:

All temporary facilities are the responsibility of the Contractor and the removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the installation and removal of the Contractor’s temporary facilities.

The City will not arrange temporary water, sewer or electrical services for construction. It is the Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s). ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
6 CONTROL OF MATERIALS
Add to section 6-2.01A:

The Contractor shall be responsible for controlling the quality of the materials incorporated into the work and of the work performed. The City shall perform material sampling and testing to verify the work meets the specified quality requirements (Quality Assurance). The City will perform soil and aggregate sampling and testing using an independent testing laboratory firm licensed to perform such tests. Other required sampling and testing may be performed by the City’s independent laboratory certified to perform the type of sampling and testing assigned to or requested of them. Should any City performed test result indicate a non-compliance with the requirements of the Contract Documents, the Contractor shall remove and reconstruct or rework the non-complying portion of work at no additional cost to the City. All reconstructed and reworked items of work shall be tested at the Contractor’s expense in the same manner as required for the initial work at no additional cost to the City. Prior to any removal, reconstruction or rework of any work item already incorporated into the project, the Contractor shall first obtain the approval of the Engineer as to the Contractor’s proposed methods for removal, reconstruction or rework.

Examples of Quality Control material tests required by the Contractor on this project include, but are not limited to, compaction and gradation of aggregate base, Portland cement concrete and hot mix asphalt, compaction on roadway subgrade, and gradation & durability on aggregate materials.

The City reserves the right to test, at its own cost, any item of work that has been tested by the Contractor and any independent testing performed by the City shall not relieve the Contractor of his responsibility for sampling, testing, reporting and overall quality control required by the Contract Documents. Should any independent tests performed by the City indicate non-compliance with the Contract Documents, upon notice of the Engineer, the Contractor shall retest that portion of the work not in compliance to the independent test. The City will closely monitor the Contractor’s retest. Should the Contractor’s retest indicate compliance with the Contract

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Documents, the direct costs related to the retest shall be paid as extra work pursuant to the provisions provided in Section 9 of the Standard Specifications. Should the Contractor’s retest indicate non-compliance, the Contractor shall remove, reconstruct, or rework the non-complying portion of work and the cost of the replacement work and retest shall be borne by the Contractor.

The Contractor shall be responsible for all material and functional testing required for all electrical, lighting and traffic signal equipment as required by the Standard Specifications.

Full compensation for performing all sampling, testing, reporting, retesting, if required, and overall quality control shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
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7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to section 7-1.03:

The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic and businesses. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass through the work.

Add to section 7-1.04:

The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.
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8 PROSECUTION AND PROGRESS
Add to section 8-1.02D(1):

Level 3 Critical Path Method (CPM) Progress schedule will be required for this contract and shall conform to the provisions in Section 8-1.02D, "Level 3 Critical Path Method Schedule," of the Standard Specifications.

After baseline schedule is accepted by the Engineer, Contractor shall update and submit CPM schedule to Engineer for review every 2 calendar weeks. Progress schedule will be paid for as described in Section 8-

1.02D(10).

Replace section 8-1.02E with:

The Engineer shall schedule, arrange and conduct progress meetings. These meetings shall be conducted once per week, or as mutually agreed by Contractor and City, and shall be attended by the Contractor’s superintendent and representatives of all subcontractors, utilities, and others, who are active in the execution of the Work. The purpose of these meetings shall be to review the Contractor’s CPM schedule, resolve conflicts, and in general, coordinate and expedite the execution of the Work. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings and record the meeting minutes.

Replace section 8-1.03 with:

A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, work schedule, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.

Engineer will prepare and distribute an agenda for the preconstruction conference.

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Add to section 8-1.04B:

The Contractor shall obtain and pay for all permits required to complete this work except the required City of Ukiah encroachment permit for work within the City right-of-way. The Contractor shall obtain an encroachment permit from the City of Ukiah Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager.

Replace "Reserved" in section 8-1.04C with:

Physical work on the site shall not commence until a “No Fee” encroachment permit is issued by the City of Ukiah to the Contractor.

Do not start job site activities until the City authorizes or accepts your submittal for:

1. SWPPP

2. Traffic Control Plan

3. Dust Treatment Plan (Water base per section 18 Dust Palliative of the Standard Specifications.

Submit these items, submittals for other long lead-time items, within five (5) days after Notice to Proceed has been issued.

Do not start other job site activities until all the submittals from the above list are authorized or accepted and the following information is received by the Engineer:

1. Notice of Materials To Be Used form.

2. Written statement from the vendor that the order for the sign panels has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped.

3. Written statement from the vendor that the order for electrical material has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
9 PAYMENT
Add section 9-1.18:
9-1.18A Payment Item Descriptions

1. Payment for Mobilization, Demobilization and Final Cleanup will be made in two (2) equal payments at the lump sum allowance in the Bid Schedule, which price shall constitute full compensation for all such work. The scope of work for mobilization shall include, but not limited to, obtaining all bonds, insurance and permits, moving onto the site of all plant and equipment, submittal and approval of a schedule of values for lump sum items, and obtaining approval for all shop drawings and materials for signal equipment. Payment for demobilization and final cleanup shall occur when all required items per the Contract are fulfilled and the site is free of equipment and clean and ready for use by the public. The bid amount for Mobilization, Demobilization and Final Cleanup items shall not exceed 10% of the total construction contract base bid price.

2. Full compensation for implementation and maintenance of Storm Water Pollution Prevention Plan (SWPPP) and conforming to the requirements Section 13 shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools and equipment for doing all work involved in the submission, approval, implementation, maintenance, revising and amending of the approved SWPPP as specified herein, including CSMRP, REAP, site inspection reports and storm water annual report, and no additional allowance will be made therefor. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the

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Contractor fails to conform to the requirements of this section "Storm Water Pollution Prevention Plan" as determined by the Engineer.

Retentions for failure to conform to the requirements of this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the requirements of this section will be released for payment on the next monthly estimate for partial payment following the date that a SWPPP has been implemented and maintained, and water pollution is adequately controlled, as determined by the Engineer.

3. Full compensation for preparation, implementation, sampling and reporting of Storm Water Sampling and Analysis and conforming to the requirements of this section shall be paid for at the contract unit price per each, which price shall include full compensation for furnishing all labor, materials, tools and equipment for doing all work involved in the preparation, implementation, sampling and reporting of each rain event as specified herein, and no additional allowance will be made therefor.

4. Full compensation to furnish, install and maintain Temporary Water Pollution Control Measures and conforming to the requirements of this section shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in the installation, construction, maintenance, removal and disposal of water pollution control practices, including non-storm water and waste management and materials pollution and water pollution control practices, except those shown on the plans for which there is a contract item of work and excluding developing, preparing, obtaining approval of, revising, and amending the SWPPP, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer, and no additional allowance will be made therefore. No adjustment of compensation will be made for any increase or decrease in the quantities of temporary water pollution control measures, regardless of the reason for the increase or decrease. The provisions in Section 9-1.06, "Changed Quantity Payment Adjustments," shall not apply to temporary water pollution control measures.

5. Full compensation for developing, updating and maintaining Progress Schedule (Critical Path Method) will be paid for at the contract lump sum price, which price shall include developing and submitting a CPM progress schedule, updating and submitting the schedule every 2 calendar weeks, and maintaining the schedule through the duration of the contract, as specified in these Construction Details, and no additional allowance will be made therefor. Payment for Progress Schedule (Critical Path Method) shall be as follows:
• A total of 25 percent of the item total is paid upon completion of 5 percent of all work and acceptance of a schedule of values for each lump sum item in the bid schedule, • A total of 50 percent of the item total is paid upon completion of 25 percent of all work, • A total of 75 percent of the item total is paid upon completion of 50 percent of all work, and • A total of 100 percent of the item total is paid upon completion of all work.

6. Full compensation for furnishing, placing, maintaining, and removing the Construction Area Signs will be paid for at the contract lump sum price, which price shall include furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in furnishing and installing temporary construction area signs including changeable message boards, arrow boards, temporary relocation of regulatory signs, and for erecting or placing, maintaining (including covering and uncovering as needed) and when no longer required, removing construction area signs as specified in these Construction Details, and no additional allowance will be made therefor.

7. Full compensation for Construction Survey will be measured and paid for at the contract lump sum price and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in establishing and maintaining vertical control and horizontal control, staking, and related construction surveying required to perform the Work, and no additional allowances will be made therefor.

8. Full compensation for Remove Debris Material will be measured and paid for at the contract unit price per cubic yard and shall include full compensation for furnishing all labor, materials, tools, equipment and

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incidentals for performing all work involved in the removal of debris piles, hauling and disposal of removed materials, as specified in these Construction Details and shown on the Plans, and no additional allowances will be made therefor.

9. Full compensation for Clearing and Grubbing will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in clearing and grubbing, including but not limited to tree removal, vegetation removal, traffic control, dust control, construction water, vegetation, tree and brush removal, disposal on-site approximately 150 feet south of grading limits as directed and approved by the Engineer (assume vegetation will need to be placed as directed, compacted with a tracked vehicle to a height of no more than 18” in height)hauling, disposal fees, and coordination with utilities. within the limits shown on the Plans and as specified in these Construction Details, and no additional allowances will be made therefor.

10. Full compensation for Remove Tree and Stump will be measured and paid for at the contract unit price per each, which price shall include full compensation for all labor, materials, tools and equipment and doing all the work involved in removing street trees, including excavation and removal and all other incidentals, as shown on the Plans and specified in these Construction Details, and no additional allowances will be made therefor.

11. Full compensation for Export Soil (Allowance) will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as specified in the Contract Documents, and as directed and approved by the Engineer including traffic control, temporary stockpiling, additional handling, loading, trucking, dump fees.

12. Full compensation for Tree Protection will be measured and paid for at the contract unit price per lump sum, which price shall include full compensation for all labor, materials, tools and equipment and doing all the work involved in protecting trees, as shown on the Plans and specified in these Construction Details, and no additional allowances will be made therefor.

13. Full compensation for Grading will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as shown on the Plans, including, but not limited to plans sheets , and all associated section and detail plans, as directed and approved by the Engineer, including traffic control, excavation, temporary stockpiling, placement, compaction, dust control, construction water, subgrade preparation, over excavation & recompaction, geotechnical fabrics (if applicable), and import of any select fill as necessary. Handling, stockpiling, and placing of utility trench spoils, or any other activities generating earth spoils shall be considered incidental to the item of work. Contractor shall plan finished grades accordingly to incorporate utility trench spoils, or other earth spoils into their earthwork.

Prior to exporting soil, the Contractor shall meet with Engineer to discuss quantity of export and get authorization. Measurement shall be based on dump receipts from a landfill quantities as verified by engineer. Exporting Soil is at the Engineer’s discretion and approval. The Contractor is only entitled to compensation for this item with written authorization from the Engineer.

14. Full compensation for Bentonite will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as shown on the Plans, including, but not limited to plans sheets, and all associated section and detail plans, as directed and approved by the Engineer, excavation, temporary stockpiling, placement, compaction, dust control, construction water, subgrade preparation, over excavation & recompaction, geotechnical fabrics (if applicable), and import of any select fill as necessary. Handling, stockpiling, and placing of utility trench spoils, or any other activities generating earth spoils shall be considered incidental to the item of work. Contractor shall plan finished grades accordingly to incorporate utility trench spoils, or other earth spoils into their earthwork.

15. Full compensation for Soil Amendment Placement will be measured and paid per square foot and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing

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all work involved in placing the amendments, including excavation, incorporation, compaction and placing backfilling, amendments complete in place, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer. Contractor to determine quantity required, City will provide and deliver soil amendment to project site.

16. Full compensation for Basalt Chip will be measured and paid per cubic yard and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in planting, including excavation, compaction and placing backfilling, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer.

17. Full compensation for Planting will be measured and paid per each and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in planting, including excavation, compaction and placing backfilling, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer.

18. Full compensation for Hydroseed will be measured and paid per square foot and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in planting, including excavation, compaction and placing backfilling, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer.

19. An allowance of $30,000 will be provided for irrigation and should be entered on line 19 Irrigation of the bid forms. Full compensation for irrigation will be measured and paid per lump sum, including full compensation for furnishing all labor, materials, equipment, and incidentals, and for performing all work involved in irrigation, such as excavation, compaction, and backfilling. The design details, including the elimination of drip lines and on-grade emitters, replacement with PVC pipe staked on-grade, and the use of staked impact sprinklers (Rain Bird 25PJDA) spaced 40 feet on center to ensure 100% coverage of all areas planted from containers as shown on the planting and irrigation plans, will be finalized after the bid is awarded, as specified in the standard specifications, special provisions, and as directed by the Engineer.

20. Full compensation for Plant Establishment Work will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in maintaining the new landscape planting for a 125 day plant establishment period starting after Notice of Substantial Completion of the contract, including but not limited to irrigation system maintenance, replacement of damaged or defective irrigation system components, and replacement of damaged plants and trees, trimming of plants and trees, fertilizing, removal of weeds, pest control, debris removal, and all incidentals, as shown on the Plans and City of Ukiah Standard Plans, and specified in these Construction Details, and no additional allowances will be made therefor.

BID ALTERNATES
A1. Full compensation for Boulder Placement will be measured and paid per each and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in placing the boulder, including excavation, compaction and placing backfilling, boulder complete in place, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer.

A2. Full compensation for Planting will be measured and paid per each and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing all work involved in planting, including excavation, compaction and placing backfilling, as shown in the plans, as specified in the standard specifications, the special provisions, and as directed by the Engineer

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DIVISION II GENERAL CONSTRUCTION
10 GENERAL
No Changes.
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12 TEMPORARY TRAFFIC CONTROL
Add to section 12-1.01:

Prior to commencing construction which will affect existing traffic, the Contractor shall submit for review by the Engineer, a Traffic Control Plan on 11" x 17" paper which contains only information specifically related to work zone traffic control, including pedestrian traffic control. The plan will show which California MUTCD typical application is to be used for each work operation. If the Contractor proposed to use the current edition of the MUTCD in specific work operations, they shall submit in writing for consideration which Typical Application Diagram will be used for each work operation. A Traffic Control Plan or proposal shall be submitted to the Engineer for review at least two weeks prior to implementation. Upon request, the Contractor shall submit to the Engineer a sketch showing the proposed signing and barricading to be used in the project.

The Traffic Control Plan shall be prepared by, sealed and signed a California licensed civil or traffic engineer and contain a title block which contains the Contractor's name, address, phone number, project superintendent's name, contract name, dates and hours traffic control will be in effect, and a space for review acknowledgment.

The content of the Traffic Control Plan shall include, but is not limited to, the following:

A. Show location and limits of the work zone.

B. Give dimensions of lanes affected by traffic control that will be open to traffic.

C. Indicate signing, cone placement, and other methods of delineation and reference to appropriate City or Caltrans standard.

D. Dimension location of signs and cone tapers.

E. Identify side streets and driveways affected by construction and show how they will be handled.

F. Show how pedestrian access to businesses will be maintained through the construction site.

G. Show how pedestrian traffic will be handled through the construction site.

H. Show how public transit will be handled through the construction area.

I. Demonstrate how two-way traffic will be maintained.

J. Identify message board locations. A minimum of four (4) changeable message boards and four (4) arrow boards shall be required.

No work except for installation of project identification signs will be allowed to commence prior to approval of the Work Zone Traffic Control Plan.

Traffic shall be maintained at all times as provided in these Special Provisions except as otherwise approved by the Engineer.

The Contractor will be required to keep all residents and businesses notified of the work schedule as it affects their access.

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The Contractor shall maintain contact with the Ukiah Electric Utility Department dispatch office regarding start and completion of the following:
• Construction activity that may impede emergency vehicles, school buses, etc. • Construction activity such as trenches or other excavation that prohibit access. • Construction activity that removes a fire hydrant from service.

The Contractor shall provide the name and telephone number of a person directly responsible for the construction activity to the Ukiah Police and Fire Departments and Life Medical Paramedic Ambulance Service.

The Contractor shall be responsible for supplying, installing and maintaining such fences, barriers, lights, signs and flaggers as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof.

All traffic control equipment shall be removed when it is no longer required Replace section 12-1.03 with:

The Contractor shall be responsible for all costs of furnishing all flaggers, including transporting flaggers and furnishing all materials and equipment to provide passage of traffic through the work as specified in section 7-1.03 and 7-1.04.

Add to section 12-3.01A(1):

Construction area traffic control signs, equipment and devices shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 7-1.03 and Section 12 of the Standard Specifications, the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD), and as directed by the Engineer.

Notify Underground Services Alert (USA) at (800) 227-2600 or 811 a minimum of two (2) working days prior to installing signposts.

Attention is directed to Sections 7-1.03, "Public Convenience," 7-1.04, "Public Safety," and 12, "Temporary Traffic Control," of the Standard Specifications and to the Section entitled "Public Safety" elsewhere in these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from these responsibilities.

Replace section 12-3.20D with:

Attention is directed to "Public Safety" and "Order of Work" of these special provisions.

Temporary railing (Type K) placed in conformance with the provisions in "Public Safety" of these special provisions will be neither measured nor paid for. The cost to provide temporary railing (Type K) is included in the various items of work.

Add to section 12-3.10:

If it becomes necessary for the City of Ukiah to replace or place additional barricades in order to provide adequate safety to the public, the Contractor will be charged $1 per barricade per day or portion thereof plus the cost of placement and removal. The Contractor will also be charged for replacement of damaged City barricades. The Contractor shall furnish and place barricades within 3 working days. No removal charge will be made if the Contractor returns City barricades to the Municipal Service Center.

Add to section 12-3.10:

The contractor will provide and maintain ALL necessary signs and materials to ensure the public is aware of

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any limitation, including detours, on-way streets, street closure, turn movement restrictions, lane closures, and any other signage necessary. Contractor will also provide Business Open and similar signs as will be requested as part of the traffic plan approval.

Add to section 12-4.02A:

Designated holidays are shown in the following table:

Designated Holidays
Holiday Date observed
New Year's Day January 1st
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
If a designated holiday falls on a Sunday, the following Monday is a designated holiday. If November 11th falls on a Saturday, the preceding Friday is a designated holiday.

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

For all work, if work vehicles or equipment are parked within 6 feet of a traffic lane, close the shoulder area with fluorescent orange traffic cones or portable delineators. Place the cones or delineators on a taper in advance of the parked vehicles or equipment and along the edge of the traveled way at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. Use at least 9 cones or delineators for the taper. Use a W20-1, "Road Work Ahead," W21-5b, "Right/Left Shoulder Closed Ahead," or C24(CA), "Shoulder Work Ahead," sign mounted on a crashworthy, portable sign support with flags. The sign must be 48 by 48 inches and placed as ordered by the Engineer. If a cone or delineator is displaced or overturned, immediately restore the device to its original position or location.

Exact locations of Project Identification signs and Advance Notice signs shall be determined in the field by the Engineer.

Except as noted elsewhere, only one lane may be closed at a time and no lanes shall be closed at any other hours unless specifically approved by the Engineer. The Contractor shall maintain vehicle access to adjacent streets, homes, businesses and other properties at all times while work is in progress except when necessary construction precludes such access for reasonable periods of time as determined by the Engineer.

When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 12 feet without written approval from the Engineer.

The Contractor will be required to maintain vehicle access to homes, businesses and other properties within the block where work is in progress.

The Contractor shall maintain 2-way traffic for all work on East Gobbi Street.

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The Contractor shall keep the City of Ukiah Fire Department informed regarding the closure of any traveled way. At a minimum, the Contractor shall call the Fire Department at (707) 463-6261 daily to report any traveled way closure. This requirement applies immediately upon closure for that day and again immediately after removal of the closure. For closures over multiple days, the daily notification still applies. This requirement does not apply for single lane closures on multiple lane local streets.

If the Contractor has been given an approved Traffic Control Plan that includes road closures, they will be required to maintain vehicular access to homes, businesses and other properties where work is in progress within the closure area.

Existing and regulatory signs are to be temporarily relocated, as directed by the Engineer, until new traffic signals are in place and operable for two-way traffic.

Seventy-two (72) hours prior to construction, the Contractor shall place a notice on each front door, and attempt to notify each owner or tenant verbally that work will be underway within his block between stated hours, and request that cars be parked out of the roadway by 9:00 a.m. Service of notice shall not bar use of cars within the block; however, as individual plans change and emergencies may arise.

Cross streets will require maintenance of at least one-half (½) width of each street for traffic purposes, unless a parallel route is approved by the Engineer. Flagging will only be allowed between the hours of 9:00 a.m. and 3:00 p.m.

Existing traffic signals shall remain in service at all times.

Barricades and flaggers shall be positioned to allow safe turns at intersections.

Replace section 12-4.02A(3)(b) with:

Every Monday by noon, submit a closure schedule request of planned closures for the next week period.

The next week period is defined as Friday midnight through the following Friday midnight.

Submit a closure schedule request not less than 25 days and not more than 125 days before the anticipated start of any activity that reduces:

1. Horizontal clearances of traveled ways, including shoulders, to 2 lanes or less due to activities such as temporary barrier placement and paving

2. Vertical clearances of traveled way, including shoulders, due to activities such as pavement overlays, overhead sign installation, falsework, or girder erection Submit closure schedule amendments, including adding additional closures, by noon at least three (3) business days before a planned closure.

Cancel closure requests by notifying the City at least 48 hours before the start time of the closure.

You will be notified by the City of unauthorized closures or closures that require coordination with other parties as a condition for authorization.

The Engineer may reschedule a closure cancelled due to unsuitable weather.

If a closure is not opened to traffic by the specified time, suspend work. No further closures are allowed until the Engineer has reviewed and authorized a work plan submitted by you that ensures that future closures will be opened to traffic by the specified time. Allow 2 business days for review of your proposed work plan.

The City does not compensate you for your losses due to the suspension of work resulting from the late opening of closures.

Notify the Engineer of delays in your activities caused by:

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1. Your closure schedule request being denied although your requested closures are within the specified time frame allowed for closures. The City does not compensate you for your losses due to amendments to the closure schedule that are not authorized.

2. Your authorized closure being denied.

If you are directed to remove a closure before the time designated in the authorized closure schedule, you will be compensated for the delay.

Replace section 12-4.02C(3)(f) with:

Replace "Reserved" in section 12-4.02C(3)(j) with:

Add to section 12-4.02C(7):
12-4.02C(7)(a) General
Section 12-4.02C(7)(c) includes specifications for closing traffic lanes, with stationary lane closures on multilane highways. The traffic control system for a lane closure must comply with the details shown.

Traffic control system includes signs.

Each vehicle used to place, maintain, and remove components of a traffic control system on a multilane highway must be equipped with a Type II flashing arrow sign that must be in operation whenever the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with a Type II flashing arrow sign not involved in placing, maintaining, or removing the components if operated within a stationary-type lane closure must display only the caution display mode. The sign must be controllable by the operator of the vehicle while the vehicle is in motion. If a flashing arrow sign is required for a lane closure, the flashing arrow sign must be operational before the lane closure is in place.

Whenever components of the traffic control system are displaced or cease to operate or function as specified from any cause, immediately repair the components to the original condition or replace the components and restore the components to the original location.

For a stationary lane closure made only for the work period, remove the components of the traffic control system from the traveled way and shoulder, except for portable delineators placed along open trenches or excavation adjacent to the traveled way at the end of each work period. You may store the components at selected central locations designated by the Engineer within the limits of the highway.

Add to section 12-4.04:

The Contractor is directed to Chapter 6D, Pedestrian and Worker Safety, in the California MUTCD, the improvement Plans, and these special provisions.

Pedestrians shall be provided with a safe, convenient and accessible path that, at a minimum, replicates the most desirable characteristics of the existing sidewalk, path or footpath and maintains pedestrian access to all park amenities out side of the limits of work..

Pedestrians shall not be led into conflicts with work site vehicles, equipment or operations. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
13 WATER POLLUTION CONTROL
Add to section 13-1.01A:

The Contractor shall exercise precaution to limit the muddying or silting of live streams and drainage

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channels to the maximum extent practicable, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement.

Add to section 13-3.01A:

The project is risk level 2.

Delete "for a risk level 2 or risk level 3 project" and "for a risk level 3 project" at every occurrence in section 13-3.

Whenever a qualifying rain event produces runoff, sampling and analysis work must comply with the Storm Water Pollution Prevention Plan (SWPPP).

A storm water annual report must cover the preceding period from October 16th to October 15th. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
14 ENVIRONMENTAL STEWARDSHIP
Add to section 14-1.02:

When the Engineer determines that temporary fence (Type ESA) is no longer required, remove and dispose of it under Section 14-10, "Solid Waste Disposal and Recycling," of the Standard Specifications.

Backfill and repair ground disturbance caused by the installation and removal of temporary fence (Type ESA), including holes and depressions, under Section 5-1.36, " Property and Facility Preservation," of the Standard Specifications.

Replace section 14-2.03A with:

Section 14-2.02 applies if archaeological resources are discovered at the job site. Archaeological resources include chipped or ground stone, historic debris, building foundations and human bone. Do not disturb the resources and immediately:

1. Stop all work within 100 feet of the discovery.

2. Protect the discovery area.

3. Notify the Engineer.

The City of Ukiah will provide a qualified archaeologist to assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City and other appropriate agencies.

Replace section 14-4.01 with:

If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (NAHC) (PRC 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:

1. The county coroner has been informed and has determined that no investigation of the cause of death is required; and

2. If the remains are of Native American origin, the descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provide in the PRC 5097.98.

Or:

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3. The NAHC was unable to identify a decedent, or the descendent failed to make a recommendation within 24 hours after being notified by the commission.

If human remains are discovered during any demolition/construction activities, all ground-disturbing activities within a 330 foot radius of the remains shall be halted immediately, and the Mendocino County coroner shall be notified immediately, according to Section 5097.98 of the state Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined by the County coroner to be Native American, the NAHC shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The City shall consult with the Most Likely Descendant, if any, identified by the NAHC regarding the treatment and disposition of the remains.

Should paleontological resources be identified at any project construction site, the Contractor shall cease operation within a 330 foot radius of the discovery and immediately notify the City. The City will provide a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less-than-significant level. In considering any suggested mitigation proposed by the paleontologist, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the discovery, project design, costs, land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out.

Add to section 14-6.03B:

Construction shall not cause nest abandonment of special-status species of birds or destruction of active nests of species protected by the Migratory Bird Treaty Act or Section 3503 of the California Department of Fish and Wildlife (CDFW) Code (protection of nesting passerines). The following measures shall be implemented to avoid disturbing any special status species nesting above ground. Vegetation removal conducted during the nesting period shall require a pre-construction survey for active bird nests, conducted by a qualified biologist. No known active nests shall be disturbed without a permit or other authorization from the U.S. Fish and Wildlife Service (USFWS) and the CDFW

1. For earth-disturbing activities occurring during the breeding season (March 1 through September 1), a qualified biologist shall conduct pre-construction surveys of all potential nesting habitat for all birds within 500 feet of earth disturbing activities.

2. If active special status bird nests are found during pre-construction surveys:
a. A 500 foot no-disturbance buffer shall be created around active raptor nests during the breeding season or until it is determined that all young have fledged. b. A 250 foot buffer zone will be created around the nests of other special status birds and of all other birds that are protected by CDFW Code 3503. These buffer zones are consistent with CDFW avoidance guidelines; however, they may be modified in coordination with CDFW based on existing conditions at the project site.

3. If preconstruction surveys indicated that nests are inactive or potential habitat is unoccupied during the construction season, no further mitigation is required. Shrubs and trees that have determined to be occupied by special status birds or that are located 500 feet from active nests may be removed.

4. If vegetation removal activities are delayed or suspended for more than two weeks after the preconstruction survey, the areas shall be resurveyed.

The City of Ukiah will provide a qualified biologist. The Contractor shall refer to mitigation measures in the approved IS/MND (refer to attachments) coordinate with the City of Ukiah and the biologist and schedule all surveys sufficiently in advance so as to not cause delays in the Work. The Contractor shall anticipate and incorporate such surveys into the construction schedule.

Prior to construction a Worker Education and Awareness Program (WEAP) shall be conducted at City of Ukiah expense related to western pond turtle and foothill yellow legged frog to all on-site personnel. All workers shall sign a sign-in sheet to be retained by the City of Ukiah. Should either of these species be

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found during construction work shall stop and the City of Ukiah shall be notified. City staff will relocate the animal and inform the contractor when construction can recommence.

Replace the 2nd paragraph of section 14-8.02 with:

The Contractor’s attention is directed to the provisions of Section 14-8, “Noise and Vibration", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of the General Conditions concerning the control of noise emissions and authorized work hours and days.

Do not exceed 86 dBA LMax at 50 feet from the job site activities from 7:00 p.m. to 7:00 a.m. except you may operate equipment within the project limits during these hours to:

1. Service traffic control facilities

2. Service construction equipment
The Contractor shall notify all residents within a 500-foot radius of the construction site about the proposed construction schedule. The notification shall be in writing and it shall be developed by the Contractor and submitted to the Engineer for approval a minimum of 5 working days prior to the proposed public notification.

The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents.

The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with these requirements and of the Standard Specifications.

The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines.

Add to section 14-9.02:

The Contractor shall comply with the Mendocino County Air Quality Management District Rules 1-410 and 4-130.

Add to section 14-11.01:

Bidder’s attention is directed to the fact that the proposed project is located in an area that contains no known subsurface petroleum hydrocarbon contamination.

The contractor shall maintain awareness of potential signs of soil and groundwater contamination throughout the project limits and shall notify the City immediately upon discovery. Conditions indicative of contamination may be either visual (staining in soil, sheen on water surface) or olfactory (petroleum hydrocarbon odors.)
Upon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40-hour OSHA-HAZWOPER certified workers in the contaminated area. The Contractor shall also provide a field Site Safety Officer that is also an 8-hour OSHA-HAZWOPER Supervisor trained to directly oversee the contaminated materials removal and handling operation. All workers in this circumstance must have their initial and annual renewal refresher training, medical clearance and personal protection equipment in accordance with 8CCR Section 5192.

Soil: Excavated material shall be disposed of on the work site, except for soils graded and moved in the areas (refer to Soil Sampling Report dated June 5, 2022 for soil handling guidelines). All material excavated from trenches in the project area shall be the property of the Contractor. Prior to disposal of any excess

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material from the work site, the Contractor shall submit to the Engineer written authorization for such disposal and entry permission signed by the approved disposal site. Contractor shall comply with all disposal regulations such as City, County, and/or State permits and license, as may be required.

Water: Groundwater may be encountered during the course of excavation. If it is encountered, the Contractor shall immediately notify the City. The Contractor shall remove all water which accumulates in the excavation during the progress of work until the pipe or other structures are installed and until backfilling has progressed to a sufficient height to anchor the work against possible flotation or leakage. At all times, the Contractor shall have a minimum of 2 working pumps available for immediate use at all times.

Water accumulated in excavations shall be discharged to the sanitary sewer under the supervision of City staff. Said water shall be disposed of in a manner as to cause no injury to public or private property, or be a menace to public health. Sediment shall be removed from any water to be disposed of, prior to discharge, by placing the pump inlet hose into a sump filled with clean gravel, or a perforated bucket filled with clean gravel. The outlet of the pump shall have a filter sock installed to retain residual sediment.

If any odor, sheen or other visual discrepancy is noted during excavation or discharge, stop pumping and immediately notify the Engineer. Pumped groundwater will not be allowed into any watercourse or storm drain system.

Contractor shall be responsible for constructing, operating and maintaining all necessary features to complete the work including furnishing, installing and maintaining all pumping and other equipment required to dewater any trenches containing water as may be encountered during performance of the work.

Dewatering plan for each occurrence shall be approved by the Engineer prior to implementation. At the permanent conclusion of dewatering operations, all dewatering equipment shall be removed from the job site.

Add to section 14-11.08E:

Dust control shall conform to the provisions of Section 14-11.08E and Section 18 of the Standard Specifications.

Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall have a stabilized access in accordance with the Plans and referenced details. Unpaved construction staging areas shall receive the application of either water twice daily or nontoxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work.

The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes.

Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
15 EXISTING FACILITIES
Add to section 15-1.03A:

All known obstructions to the work are indicated on the plans. However, the City cannot guarantee the accuracy of this information. The Contractor will be held responsible for the maintenance and protection of or damage to existing facilities, structures, obstructions and all underground facilities shown on the Plans or brought to the Contractor's attention during the course of the work.

The Contractor shall notify owner agencies for locations of utilities or facilities prior to excavation.

The owning utility shall be immediately notified of any damage which is caused by the operations of the Contractor to any facility, utility or structure. At the owning utility's discretion, repairs shall be made by the

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Contractor at the owning utility's direction or by the utility, all to the satisfaction of the Engineer.

All pothole work to expose existing utilities shall be done by vacuum excavation methods. The preferred method of excavation shall be by high pressure air. Use of water fluid for excavation shall only be by permission of the City Engineer. Maximum dimension of the pothole shall be 12 inches by 12 inches. All excavation material shall be removed and disposed of by the contractor. Backfill material shall be Class 2 aggregate base compacted to 90% relative compaction. Prior to paving, the pothole shall be cut to provide a clean vertical edge to pave against. The final dimension of the pothole prior to paving shall be 12 inches by 12 inches maximum. The asphalt concrete shall be a ½ inch mix having a depth of 4 inches.

All pothole work shall comply with the Traffic Control provisions of Standard Specifications and these special provisions.

The Contractor shall dispose of all Asbestos Cement Pipe (ACP) in accordance with the Contractor’s State Licensing Law and all applicable laws and regulations. The Contractor shall dispose of all Portland cement concrete and asphalt concrete generated from removal or demolition activities on the project at a recycler for these materials. The Contractor shall provide receipts verifying delivery and approximate quantities (in tons) of the material delivered to a material recycler. All other excess materials from the project shall become the property of the Contractor and shall be disposed of by him at his expense.

Add to section 15-1.03B:

All removed material, unless otherwise specified, shall become the property of the Contractor and shall be disposed of outside of the right-of-way.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
16 TEMPORARY FACILITIES
No Changes.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION III EARTHWORK AND LANDSCAPE
17 GENERAL
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Add to section 17-2.03A:

This work shall consist of removing all objectionable material within the limits shown on the Plans and as directed by the Engineer. Clearing and grubbing shall be performed in advance of grading operations and in accordance with the requirements of these Special Provisions.

Special care shall be taken by the Contractor to protect adjacent property, improvements, utilities facilities from damage. Any such objects or improvements so damaged shall be replaced or restored in kind by the Contractor, at his own expense, to the satisfaction of the Engineer.

The area to be cleared and grubbed shall be the area shown on the Plans, unless otherwise specified.

All stumps, large roots, and other objectionable materials shall be removed to a depth of 3 feet below finished..

The resulting spaces shall be backfilled with suitable fill material placed and compacted in accordance with the applicable provisions of Section 19-6.03 of the Standard Specifications.

Add to section 17-2.03B:

The locations of trees planned for removal are shown on the Plans.

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The Engineer shall be contacted a minimum of 48 hours prior to any tree removal to perform an on-site inspection and clearance. Trees shall be removed in a manner satisfactory to the Engineer.

Tree roots that are identified on the Plans to be removed that are in conflict with new facilities shall be removed in their entirety or to provide the minimum clearances to new facilities as indicated below, regardless of root diameter. No separate compensation will be paid for removing roots identified on the Plans.

Where tree roots that are not identified on the Plans to be removed interfere with the construction shown on the plans, , the Contractor shall excavate and expose the roots for inspection by the Engineer. Upon approval from the Engineer, the Contractor shall remove tree roots which are four (4) inches or less in diameter to provide a minimum clearance of six inches to any new facility. No separate compensation will be paid for removing roots not identified on the Plans.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
18 DUST PALLIATIVE
Add to section 18-1.01A:

The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 18, “Dust Palliative,” of the Standard Specifications except as modified by these Special Provisions.

The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Utilities Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at Public Utilities Department-Water Division Building within the City’s Corporation Yard located at 1320 Airport Road, (707) 463-6200. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
19 EARTHWORK
Add to section 19-1.03B:

Unsuitable material shall be removed and replaced in accordance with the provisions of Section 19-1.03 of the Standard Specifications and these Special Provisions. Material below the natural ground surface in embankment areas, and basement material below the grading plane in excavation areas that is determined by the Engineer to be unsuitable for the planned use shall be excavated and disposed of as directed or approved by the Engineer.

When unsuitable material is removed and disposed of, the resulting space shall be filled with material suitable for the planned use. Such suitable material shall be placed and compacted in layers as hereinafter specified for constructing embankments.

Existing utilities exposed during subgrade excavation shall be immediately brought to the attention of the Engineer.

Excess materials from the excavation shall become the property of the Contractor and shall be disposed of by the Contractor at the Contractor’s expense.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
20 LANDSCAPE
Replace the 3rd paragraph of section 20-2.01A(4)(b)(i) with:

Perform pressure testing using Method B to test supply lines (1) located on the discharge side of the valve, (2) installed by trenching and backfilling, or (3) completely visible after installation.

Replace section 20-2.01B(6) with:

Unions must be injection molded PVC, schedule 80.

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Replace the 1st and 2nd paragraph of section 20-2.01B(7) with:

Valve boxes must be HDPE with T-Cover bolt down lids, color Green Replace the 1st paragraph of section 20-2.10B(2) with:

Each ball valve must be injection molded PVC, schedule 80.

Replace the section 20-2.10B(4) 2.1.1 with:

Can withstand a working pressure of 120 PSI.

Replace item 2 in the list in the 1st paragraph of section 20-2.10B(10)(a) with:

2. Be glass-filled nylon.
add item 12 in the list in the 1st paragraph of section 20-2.10B(10)(a) with:

2. Each valve requires a decoder for communication with controller.

Add to section 20-10.02C(4):

An existing irrigation system is present within the project area. Protect all irrigation facilities when encountered during the course of the Work and in excavations.

Replace section 20-3 with:
20-3.01 GENERAL
20-3.01A General Conditions
Drawings and General Provisions of the Contract, including General and Supplementary Conditions shall apply to all Work in this Section with the same force and effect as though repeated in full herein.

Site shall be free of weeds, native grasses, Bermuda grass, and Kikuyu grass prior to any planting or soil amendment placement.

All rock and other growth or debris accumulated throughout the duration of the project shall be removed from the Project Site by the Contractor.

Prior to excavation for planting or placing of plant materials, the Contractor shall locate all underground utility lines still in use and take proper precautions to avoid damage to such improvements. In the event of a conflict between such lines and plant material locations, the Contractor shall notify the Engineer who shall arrange for the relocation of one or the other. The Contractor assumes all responsibility for making any or all repairs for damages resulting from Work as specified herein.

Grading and soil preparation work shall be performed only during the period when beneficial and optimum results may be obtained. If the moisture content of the soil should reach such a level that working it would destroy soil structure or cause compaction, spreading and grading operations shall be suspended until, in the opinion of the Engineer, the moisture content is increased or reduced to acceptable levels and the desired results are likely to be obtained.

Contractor shall coordinate all drainage work with the other trades. Established site drainage shall be maintained by the Contractor during all phases of landscape construction.

Grade all areas by filling and/or removing surplus soil as needed to ensure proper grades and drainage as indicated on the plans.

Except where surface roughening is shown on plans, all undulations and irregularities in the planting surfaces resulting from tillage, rototilling, and all other operations, and all ridges and rises which are visually evident and would affect the maintenance of any planting area, shall be leveled and floated out before planting operations are initiated.

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Final finish grades shall insure positive drainage of the Project Site with all surface drainage away from buildings, walls, and toward driveways, drain inlets, and catch basins.

Final grades shall be surveyed and confirmed by contractor, grades must acceptable to the Engineer before planting operations will be allowed to commence.

The above conditions shall also apply to the final finish grade at the time of project completion.

Actual planting shall be performed during those periods when weather and soil conditions are suitable in accordance with locally-accepted horticultural practice as approved by the Engineer.

All scaled dimensions are approximate. Before proceeding with any Work, the Contractor shall carefully check and verify all dimensions and shall immediately notify the Engineer of any discrepancy between the Contract Drawings and/or Contract Specifications and the actual Project Site conditions.

Quantities of plant materials are shown for the Contractor’s convenience only and are not guaranteed. The Contractor shall check and verify count and shall furnish a sufficient number of plant materials as needed to fulfill the intent and complete the Work as shown in the Contract Drawings. Plan plant symbol quantities shall take precedence over quantities indicated in the Plant List and Plan callouts.

Contractor shall make arrangements to have a complete set of Contract Drawings and Contract Specifications at the Project Site at all times during Work under this Section.

As-Built Plans shall be prepared by the Contractor indicating any deviations in Work described herein and on the Contract Drawings, with respect to changes in materials, plant species, sizes, locations, and alignments. As-Built Plans shall be prepared by marking the changes on a conformed set of diazo prints in red ink. Provide As-Built Plans to the Engineer at the end of the contracted Maintenance Period. 20-3.01A(1) Summary
This Section includes all materials, labor, transportation, services, and equipment necessary to install landscape planting and landscape construction items as shown on the Contract Drawings, and as specified herein this Section.

This Section includes the following Scope of Work:

Fine Grading
Soil Preparation
Pre-Planting Weed Control
Tree, Shrub and Groundcover planting
Staking and Tying
Planting Soil
Soil Conditioners, Amendments, and Fertilizers
Mulches (wood products, aggregates)
Decorative Stone
20-3.01A(2)(a) Definitions
“Engineer” in this Section shall refer to the Agent designated by the City of Ukiah.

Acceptance: Wherever the terms “acceptance”, “approved”, “acceptable” or “directed” are used herein, they mean acceptance by the Engineer in writing.

Plant Material(s) refers to all living plants, inclusive of trees, palms, shrubs, groundcovers, vines, turf, and grasses.

Planting Area (P.A.) as indicated on the Contract Drawings, shall mean all areas to be installed with plant material(s), or as areas where existing trees and/or vegetation shall be protected.

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ASTM – American Society for Testing Materials.

USDA – United States Department of Agriculture.

ANSI – American National Standards Institute.

Plant Height: Measurement of main body height, not measurement to branch tip.

Plant Spread: Measurement of main body diameter, not measurement from branch tip to branch tip.

Finish Grade: Elevation of finished surface of planting soil.

Topsoil: Naturally occurring soil from the A horizon (top layer).

Planting Soil: Topsoil which has been amended to meet the specification for planting soil in this section.

Import soil that meets the specification for planting soil in this section. Planting soil may also be referred to as Manufactured Topsoil.

Subsoil: Native soil below topsoil, native soil remaining after construction excavation or fill or backfill material in place after completion of excavation and rough grading, before placement of planting soil.

Bioretention: A planting area that will be receive stormwater runoff. Per the plans, these planters have a unique plant palette, boulders, and a soil mixture with a higher percolation rate in addition to regular planting soil. Planter: Isolated area of planting soil for trees, shrubs, and groundcover. May be raised and or partially surrounded by concrete sidewalk.
20-3.01A(2)(b) Reference Standards
All plant material shall be true to botanical and common name as indicated in the following:

Sunset Western Garden Book, Sunset Publishing Corporation, 2023.

American Standard for Nursery Stock, ANSI Z60.1-1966, edition, American Association of Nurserymen, and American National Standards Institute.

All plant material shall conform to the California State Department of Agriculture’s regulations for nursery inspections, rules, and ratings.
20-3.01A(3) Submittals
Submit each item in this Article according to the Conditions of the Contract and this Specification Section.

Contractor shall submit no later than thirty (30) days after award of Contract, four (4) bound booklets. Each booklet under this Section shall be tabbed into specific sections, containing clearly identified (through yellow highlighter or other identification methods) and legible information on the following landscape information indicated in this Article:

Product certificates, legible, signed by manufacturer, certifying that their products comply with specified requirements. Certificates shall include grades, analysis, amount, supplier, species, type, size, and quantity where applicable.

Manufacturer's certified analysis for standard products.

Analysis for other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable.

Label data substantiating that plants, trees, shrubs, and planting materials comply with specified requirements.

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Soil amendment receipts containing analytical data.

Receipts from the soil supplier of all soil mixes specified in this Section.

Soil analysis and testing for soil fertility with recommendations and percolation tests by independent laboratory.

List of all proposed landscape materials indicated by description, manufacturer, and model number.

Include catalog cuts and manufacturer’s current printed instructions of all material items described herein this Section.

List of all trees, shrubs and ground covers, indicated by botanical name, common name, height, spread, caliper, container size, nursery, and location, contact person at nursery, and any specific remarks (i.e. “unable to locate”, “photo submitted”, etc.) Color photographs of each tree type. Include a person or tape measurer in each photograph for scale purposes. Digital photographs may be acceptable or preferred. Approval of photographs does not indicate acceptance of plant material on site.

Planting schedule, indicating anticipated dates and locations for each type of planting.

The Contractor shall submit no later than thirty (30) days after the award of Contract the following two (2) sets of physical samples sent to the Engineer in resealable, labeled plastic bags (as applicable):

One (1) tree tube.
½ cubic foot each of landscape mulch materials, i.e. shredded bark mulch, aggregate, etc. ½ cubic foot of planting soil.
½ cubic foot of import bioswale soil.

Qualification data for firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and address of architects and owners, and other information specified.

Soils Analyses and Testing: Contractor shall submit agronomic analyses of existing soil if proposed to be used as planting soil, import soil if proposed to be used as planting soil, and raingarden soil as follows. Analyses shall be performed by independent testing agency.

Stockpiled Existing Soil and Import Soil before placement: Analysis of existing soil prior to application of amendment indicating soluble salts, pH, texture, and organic matter content. Analysis shall state recommended amendments and procedures required to create planting soil that meets this specification. Amendment recommendations shall prioritize use of Organic Compost and other organic amendments as needed. Analysis shall describe any other topsoil qualities which may be detrimental to plant growth and health. Provide one test per source.

Planting Soil after placement and amendment: Immediately following site fine grading (placement, integration, and grading of planting soil) and prior to commencing landscape planting, Contractor shall provide horticultural soils fertility test and percolation test results to the Engineer to verify that installed planting soil meets specifications. Provide (5) samples at the locations designated by the Engineer.
20-3.01A(4) Quality Assurance

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Installer Qualifications for all items indicated herein this Section: Licensed Landscape Contractor, C-27, in the State of California.

Engage an experienced, licensed Contractor who has completed landscaping work similar in material, design, and extent to that indicated for this Project and with a record of successful landscape establishment.

Installer's Field Supervision: Contractor shall maintain an experienced, full-time landscape supervisor/superintendent at the Project Site during times that landscaping operations identified herein the Contract are in progress.

Superintendent shall be fluent in English and satisfactory to the Engineer. Superintendent shall not be changed except with the consent of the Engineer and shall be authorized to represent the Contractor.

Testing Agency Qualifications: To qualify for acceptance, an independent testing agency must demonstrate to Engineer's satisfaction, based on evaluation of agency-submitted criteria conforming to ASTM E 699, that it has the experience and capability to satisfactorily conduct the testing indicated without delaying the Work.

Provide quality, size, genus, species, and variety of trees and shrubs indicated, complying with applicable requirements of ANSI Z60.1 "American Standard for Nursery Stock." Selection of trees and shrubs purchased under allowances will be made by Engineer, who has the option to tag stock at their place of growth before the plant material is prepared for transplanting.

At least one (1) plant of each species delivered to the project site shall have an identification tag from supplying nursery showing botanical and common name of plant.

Measurements: Measure trees and shrubs according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes.

Take caliper measurements six inches (6”) above ground for trees up to four-inch (4”) size, and twelve inches (12”) above ground for larger sizes.

Prior to installation of any items presented within this Measure main body of tree or shrub for height and spread; do not measure branches or roots tip-to-tip.

Pre-Installation Conference: Section or as indicated on the Contract Drawings, the Contractor shall conduct a Pre-Installation Conference at the Project Site.

Meeting minutes from the conference shall be the responsibility of the Contractor and shall be distributed to all parties in attendance for review and subsequent approval of the conference discussion items.

Regulatory Requirements: Contractor shall meet the requirements of applicable laws, codes, and regulations as required by the authorities having jurisdiction over the Work.

Manufacturer’s Directions: Follow manufacturer’s directions and drawings in all cases where the manufacturer’\s of articles used in this Section furnish directions covering points not shown in the Contract Drawings and Contract Specifications.

Permits, Fees, Bonds, and Inspections: The Contractor shall arrange and pay for any and all permits, fees, bonds, and inspections necessary to perform and complete his portion of the Work.

Contract Drawings and Contract Specifications:

RIVERSIDE PARK REGENERATION 56 Spec No.24-05
REFLECTING ADDENDUM 3
Comply with the intent and meaning of Contract Drawings and Contract Specifications taken as a whole, not taking advantage of any readily perceived error or omission shall any exist.

Figures and dimensions on Contract Drawings shall take precedence over measurements by scale, and detailed drawings shall take precedence over general drawings.

Refer any errors and discrepancies in or between plans, specifications, lists, or notes to the Engineer for adjustments or clarification before proceeding with the Work. In the event of errors or discrepancies, the Contractor shall assume responsibility for work performed without referring to the Engineer for clarification.

The Engineer shall interpret the meaning of the Contract Drawings and Contract Specifications in the event of conflict, and his/her decision shall be final. 20-3.01A(5) Delivery, Storage and Handling
Packaged Materials: Deliver packaged materials in containers showing weight, analysis, and name of manufacturer. Protect materials from deterioration during delivery and while stored at site.

Anti-Dessicant: Spray plant materials in full leaf immediately before transporting with anti-dessicant. Meet requirements of anti-dessicant manufacturer’s current printed application instructions.

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

Handling Plant Materials
Handle plant materials grown in containers only by their containers.

DO NOT handle plant materials by their trunks or stems.

DO NOT drop any plant materials.

DO NOT bind or handle plants with wire or rope.

Pad trunk and branches whenever using hoisting cables, chains, or straps.

Should the Contractor engage in handling any of the plant material(s) by any unacceptable method(s), then the Engineer shall reserve the right to reject any of the mishandled plant material(s). The Contractor shall replace all rejected plant material(s) with approved plant material(s) at no additional cost to the Owner.

Deliver trees, shrubs, ground covers, and plants after preparations for planting have been completed and install immediately. If planting is delayed more than six (6) hours after delivery, set planting materials in shade, protect from weather and mechanical damage, and keep roots moist. Anchor plants to prevent damage from winds.

DO NOT remove container-grown stock from containers before time of planting.

Water root systems of trees and shrubs stored on site with a fine-mist spray. Water as often as necessary to maintain root systems in a moist condition.
20-3.01A(6) Project Conditions
Utilities: Determine location of above grade and underground utilities and perform Work in a manner which will avoid damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned.

Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, cease planting operations and notify Engineer for further direction.

RIVERSIDE PARK REGENERATION 57 Spec No.24-05
REFLECTING ADDENDUM 3
Installation: Perform planting operations only when weather and soil conditions are suitable in accordance with locally accepted practices.
20-3.01A(7) Coordination, Scheduling, and Observation
Coordinate installation of planting materials during normal planting seasons for each type of plant material required. Coordinate with other trades on Project Site. 20-3.01A(7)(a) Permits
Contractor shall be responsible for obtaining all permits necessary to complete and install Work as specified herein.
20-3.01A(7)(b) Observation
Site observation for Scope of Work specified herein this Section shall be made by the Engineer. The Contractor shall request, in writing, at least one (1) week in advance of the time that observation is required.

The Contractor and Engineer shall be in attendance at the Project Site at the time of each scheduled observation. Observation shall be required for the following Scope of Work:

Pre-Construction Meeting.

Placing of planting soil after rough grading and incorporation of planting soil into top layer of sub-soil as described in this section.

Upon completion of fine grading operations and prior to planting operations, verification of finish grades.

Inspection and approval of plant material.

Spotting trees prior to excavation of planting holes.

Placement of gravel mulch and stones.

Tree tube installation.
20-3.01A(7)(c) Punch List Preparation
When planting and all other Work as specified in the Contract Drawings and Specifications is 100% complete and ready for Punch List Preparation, the Contractor shall seek acceptance of the installed Work by requesting an on-site visual inspection by the Engineer.

A “Punch List Preparation Request” shall be addressed to the Engineer, requesting a time and date for generating the Punch List Preparation:

Contractor shall provide written notification requesting the presence of the Engineer at least one (1) week prior to the scheduled date of the Punch List Preparation.

The Punch List Preparation Request shall be in the form of a letter, dated and signed by the Contractor, on letterhead.

The letter shall state as follows: “Work installed within Scope of Work identified on the Contract Drawings and Contract Specifications, prepared by the Landscape Architect, is 100% complete and ready for Punch List Preparation at the Project Site by the Engineer.” Should the Contractor’s Work as installed at the Project Site is found to be incomplete during the Punch List Preparation (at the discretion of the Engineer upon observation at the Project Site), then the Engineer shall reserve the right to postpone the Punch List Preparation until a time when the Contractor fully executes and completes the Work as identified on the Contract Drawings and Specifications.

RIVERSIDE PARK REGENERATION 58 Spec No.24-05
REFLECTING ADDENDUM 3
Should the Punch List Preparation be postponed due to the incomplete Work, then the Engineer reserves the right to charge the Contractor for the Engineer’s time on an hourly basis, at the Engineer’s current standard billing rate, plus expenses.

Should the Contractor be charged for time as indicated herein this Article, the Engineer reserves the right to withhold final approval of the Project until the Contractor provides full compensation to the Engineer accordingly.

Punch List Field Verification & Pre-Maintenance Review:

Following the Punch List Preparation, the Contractor shall request an on-site visual observation by the Engineer to verify completion of outstanding items identified in the Punch List for acceptance of the installed Work and subsequent commencement of the Maintenance Period.

A “Punch List Field Verification Request” shall be addressed to the Engineer, requesting a time and date for field review of the items identified in the Punch List Preparation.

Contractor shall provide written notification requesting the presence of the Engineer at least one (1) week prior to the scheduled date of the Punch List Field Verification.

The Punch List Field Verification Request shall be in the form of a letter, dated and signed by the Contractor, on letterhead.

The letter shall state as follows: “Work installed within Scope of Work identified on the Contract Drawings and Contract Specifications, prepared by the Landscape Architect, is 100% complete and ready for Punch List Field Verification Review at the Project Site by the Owner and Engineer.” Should the Contractor’s Work as installed at the Project Site is found to be incomplete during the Punch List Field Verification (at the discretion of the Engineer upon observation at the Project Site), then the Engineer shall reserve the right to postpone the Punch List Field Verification until an time when the Contractor fully executes the Work identified in the Punch List Preparation.

Should the Punch List Field Verification be postponed due to the incomplete Work, then the Engineer reserves the right to charge the Contractor for the Engineer’s time on an hourly basis, at the Engineer’s current standard billing rate, plus expenses.

Should the Contractor be charged for time as indicated herein this Article, the Engineer reserves the right to withhold final approval of the Project until the Contractor provides full compensation to the Engineer accordingly.

Observation and subsequent written acceptance shall establish “Substantial Completion”, and marks the commencement date of the Maintenance Period. Duration of the Maintenance Period shall be as specified herein this Section. This is not a final observation nor final acceptance of Work, and it does not relieve the Contractor from any of the responsibilities in the Contract Drawings and Contract Specifications for the Project.
20-3.01A(7)(d) Final Review
Following the completion of the scheduled Maintenance Period as indicated in Section Landscape Maintenance and Plant Establishment, the Contractor shall request a Final Review by the Owner and Engineer to verify, through on-site visual observation, the completion of Work as indicated in the Contract Drawings and Contract Specifications, and final acceptance of the installed Work.

A “Final Review Request” shall be addressed to the Owner and Engineer, requesting a time and date for final field review of the completed Work

RIVERSIDE PARK REGENERATION 59 Spec No.24-05
REFLECTING ADDENDUM 3
Contractor shall provide written notification requesting the presence of the Owner and Engineer at least one (1) week prior to the scheduled date of the Final Review.

The Final Review Request shall be in the form of a letter, dated and signed by the Contractor, on letterhead.

The letter shall state as follows: “Work installed within Scope of Work identified on the Contract Drawings and Contract Specifications, prepared by the Landscape Architect, is 100% complete and ready Final Review at the Project Site by the Owner and Engineer.” Should the Contractor’s Work as installed at the Project Site is found to be incomplete during the Final Review (at the discretion of the Engineer upon observation at the Project Site), then the Engineer shall reserve the right to postpone the Final Review until an time when the Contractor fully executes the Work.

Should the Final Review be postponed due to the incomplete Work, then the Engineer reserves the right to charge the Contractor for the Engineer’s time on an hourly basis, at the Engineer’s current standard billing rate, plus expenses.

Should the Contractor be charged for time as indicated herein this Article, the Engineer reserves the right to withhold final approval of the Project until the Contractor provides full compensation to the Engineer accordingly.
20-3.01A(8) Guarantee
Guarantee: Contractor shall guarantee installed landscape as outlined in Section 20-4 “Plant Establishment”.
20-3.01A(9) Maintenance
Maintenance: Contractor shall maintain installed landscape as outlined in Section 20-4 “Plant Establishment”.
20-3.01A(10) Samples and Tests
The Engineer reserves the right to take and analyze selected samples of plant material and/or products for conformity to the requirements as outlined in this Section at any time from the Project Site. Rejected plant materials and/or products shall be immediately removed from the Project Site by the Contractor at no cost to the Owner.

Laboratory soil tests are described in other sections.
20-3.01A(11) Substitutions
Specific reference to manufacturer’s names and products specified herein are used as standards of quality.

This implies no right to the Contractor to substitute other materials without prior written approval by the Engineer for Work under this Section.

Any materials substituted and installed by the Contractor, without written approval by the Engineer may be rejected. Contractor shall not be entitled to be compensated by the Owner where the Contractor has installed rejected substitutions without receiving prior written approval.

Proposed substitutions shall be explicitly identified in the submittal documentation. Approval of a submittal package that contains multiple products or materials without explicit approval of a substitution does not imply approval of the substitution.

If an approval is granted for a substitution, adjustment in the Contract amount shall be made in accordance with the Contract Conditions.
20-3.01B MATERIALS

RIVERSIDE PARK REGENERATION 60 Spec No.24-05
REFLECTING ADDENDUM 3
20-3.01B(1) General
Immediately upon award of Contract for Work, the Contractor shall locate and purchase or hold for purchase all plant material as required. Trees may be purchased and contract grown to ensure pruning practices are met.

Contractor shall verify with Engineer of any plant material stock that has been nursery contract grown by Owner for use within Work of this Contract.

Contractor shall review the condition of the plant material with the Engineer at the nursery maintaining the plant material, and at the time of delivery at the Project Site.

All plants shall have a growth habit typical for variety and species, symmetrical, with tightly knit branching, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry, healthy, vigorous in growth. Plant materials shall also be free from insect pests, eggs and larvae, plant diseases, sun scalds, fresh bark abrasions, excessive abrasions, windburn, saltburn, or other objectable disfigurements or conditions as determined by the Engineer.

Container stock shall be grown in containers in which delivered for at least three (3) months, but not over one (1) years.

Pruning of trees as grown at the nursery shall meet the requirements outlined by the International Society of Arboriculture’s “Tree Pruning Standards.”
Leaders of trees shall not have been pruned by the nursery. It is the contractor’s responsibility to ensure these specifications are met regardless of practices by nurseries.

All plant material shall be subject per the California State Department of Agriculture Regulations for Nursery Inspections of Rules and Grading. Quantity and size of all plant shall be No. 1 Grade of Pinto Tag stock, or equal. Pinto tags shall be submitted to the Engineer upon delivery of the plant material to the Project Site.

All plant material shall have normal, well-developed branch systems, and vigorous, fibrous root systems, which are neither root- nor pot-bound, and are free of kinked, gnarled, or girdling roots. 20-3.01B(2) Plant Material
20-3.01B(2)(a) General
Furnish nursery-grown trees and shrubs conforming to ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, proportional, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sunscald, injuries, abrasions, and disfigurement. All trees shall be heavy caliper specimens, devoid of wounds, scars, or uncharacteristic blemishes on their trunks. Refer to the Plant List on the Contract Drawings for the specified plant material species, varieties, types, sizes, forms, and minimum required heights, spreads, calipers, and other requirements.

Grade: Provide plant material of sizes and grades conforming to ANSI Z60.1 for type of plant material required. Plant material of a larger size may be used if acceptable to the Engineer, with a proportionate increase in size of roots or balls.

Label each plant material of each variety with a securely attached, waterproof tag bearing legible designation of botanical and common name.

Plant Material shall have grown in boxed or containers for sufficient time to permit full rooting within the specified container to bind the planting soil, but not so long as to create a “rootbound” condition. No boxed or container plant material shall be planted which have cracked or broken balls of earth when separated from their boxes or containers. No plant material shall be planted with damaged roots, broken root balls, or which are found to be “rootbound” when separated from their containers.

RIVERSIDE PARK REGENERATION 61 Spec No.24-05
REFLECTING ADDENDUM 3
20-3.01B(2)(a)(i) Plant Material Review and Tagging
At the discretion of the Engineer, trees and other plant material will be reviewed, photographed, and tagged by the Engineer at the nursery, or other place of growth prior to delivery of plant material to the Project Site.

Contractor shall verify with the Engineer if tagging operations are required.

Tagging of plant material at the nursery or place of growth does not cancel the right of the Engineer to reject plant material at the Project Site, if damaged or unacceptable conditions are found that were not detected at the nursery, place of growth, or in the submitted photographs. 20-3.01B(3)(c) Shrubs and Grasses
Provide ground covers and plants established and well rooted in containers and with not less than the minimum number and length of runners required by ANSI Z60.1 for the pot size indicated. 20-3.01B(3) Planting Soil
For all planting areas except where Import Bioswale Soil is placed.

Planting Soil Characteristics:
pH: 6 to 7
Organic content: 4-6 percent
Soluble salts: less than 2 dS/m
Texture: 40-65% Sand, 25-60% Silt, 5-20% Clay.

Soil shall be free of stones and clods larger than 1/2”, roots, trash, and other deleterious material not suitable for healthy plant growth.

Planting Soil Source:

Existing topsoil from existing planting areas, stockpiled for use in new planting areas. Existing topsoil may require amendment according to soil fertility laboratory test to meet these specifications.

Import topsoil from local, off-site retail source or manufactured site topsoil. Available import topsoil may require amendment according to soil fertility laboratory test to meet these specifications.

Approved Planting Soil Supplier: American Soils Products, Richmond, CA.

Placement Depth: 4” plus transition layer.

Provide recent laboratory soil test.
20-3.01B(4) Soil Amendments
Organic Compost: Provided by City.

Organic compost soil amendment shall be mature, stable, weed free, and produced by aerobic decomposition of organic matter. Compost feedstock may include: agricultural, food or industrial residuals; yard trimmings. The product must not contain any visible refuse or other physical contaminants, substances toxic to plants, or over 5% sand, silt, clay or rock material by dry weight. The product shall possess no objectionable odors. The moisture level shall be such that no visible water or dust is produced when handling the material. The material shall be certified by the US Composting Council. Biosolids shall not be included.
20-3.01B(5) Fertilizers
Composition: Nitrogen (N), phosphorous (P), and potassium (K) content.

Fertilizer shall be furnished in amounts recommended from the soil analysis, as reported from a qualified soil-testing agency. Refer to previous section.

RIVERSIDE PARK REGENERATION 62 Spec No.24-05
REFLECTING ADDENDUM 3
Steamed Bone Meal: OMRI-certified, commercial, raw, finely ground; minimum of 4 percent nitrogen and 20 percent phosphoric acid.

Blood Meal: OMRI-certified, or equal.

Feather Meal: OMRI-certified, commercial, supplied mixed with chicken manure to encourage decomposition, pelletized; minimum of 12% nitrogen.

Mycorrhizal Inoculum for Plant Materials from Container Stock: In addition to providing Fertilizer, provide a dual soil-conditioning biological inoculum system of endo-and ecto- Mycorrhizal to further aid the plants ability to efficiently uptake available soil nutrients and also increase resistance to drought. Approved suppliers include:
7-gram Myco-Pak, Tri-C Enterprises LLC, Chino, CA, 800-927-3311 4 oz. Packet - Roots 1 Step, Roots, Inc., Independence, MO, 800-342-6173 Or approved equal.
20-3.01B(9) Miscellaneous Materials
Anti-Desiccant: Water-insoluble emulsion, permeable moisture retarder, film forming, for trees and shrubs.

Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's instructions. (Aquatrols Corporation, Cherry Hill, NJ (609) 751-0309, or equal as approved by the Engineer).

Water: Clean, fresh, and potable.

Stress Reducing Agent: Roots Concentrate, as manufactured by Roots, Inc., New Haven, CT 203-786- 5295, or equal as approved by the Engineer.

Wetting Agent and Soil Penetrant: Roots NoBurn, as manufactured by Roots, Inc., New Haven, CT 203- 786-5295, or equal as approved by the Engineer.
20-3.01C Construction
20-3.01C(1) General
Installation practices of the landscape plant materials shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice, as approved by the Engineer. Contractor shall notify the Engineer in writing the anticipated commencement date and length of duration of the landscape installation.

Examine areas to receive landscaping for compliance with requirements and for conditions affecting performance of Work of this Section. Do not proceed with installation until unsatisfactory conditions have been corrected. No planting shall be done in any areas until they have been satisfactorily prepared in accordance with this Section.

Soil moisture level prior to planting shall be no less than 75% of field capacity. The determination of adequate soil moisture for planting shall be the sole judgment of the Engineer, and their decision shall be final.

If the soil moisture level is found to be insufficient for planting, all planting pits shall be filled with water and allowed to drain before commencing planting operations.

RIVERSIDE PARK REGENERATION 63 Spec No.24-05
REFLECTING ADDENDUM 3
No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. All plants shall be planted and watered as specified herein immediately after the removal of their containers. Containers shall not be cut prior to placing the plants in the planting area. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, and secure Engineer’s acceptance before the start of planting work. Make minor adjustments as may be required.

Prior to Work in this Section, Contractor shall examine previously installed Work from other trades and verify that such Work is complete and as required, to the point where the installation of the landscape may commence properly.

Planting areas, which become compacted in excess of 85% relative compaction due to construction activities, shall be tilled and thoroughly cross-ripped to a minimum depth of 9” to alleviate the condition, taking care to avoid all existing subsurface utilities, drainage, etc. 20-3.01C(1) Protection of site
Contractor shall protect existing and new improvements and systems installed prior to planting installation.

Maintain protection in place until completion of Work and maintenance period.

Protect concrete paving, headers, and drainage from staining due to contact with wet nitrogen stabilized mulch/sawdust or contact with chelated iron. Correct any stained concrete. 20-3.01C(2) Agronomic Soils Report Recommendation
Planting operations shall not commence until the results of the Agronomic Soils Report are reviewed by the Engineer.

The Agronomic Soils Report Recommendation shall take precedence over the amendment and fertilizer application rates specified herein or on the Contract Documents. 20-3.01D Payment
Not used.
20-3.02 PLANTING WORK
20-3.02A General
Section 20-3.02 includes specifications for planting plants. 20-3.02B Materials
Not used.
20-3.02C Construction
20-3.02C(1) Preparing Planting Areas
Planting Soil Depth: Full depth of 4” plus transition layer wherever planting occurs.

Excavate and remove existing soil to 2’ depth from final finish grade.

Loosen subgrade of planting bed areas to a depth of 8”. Hand-scarify existing site soil on sides of planting beds to encourage lateral root growth.

Spread planting soil mixture in 2” lifts to depth required meeting thickness, grades, and elevations shown, after light rolling and natural settlement. Place first lift of planting soil mixture and work into the top 6” of loosened subgrade to create a 1’ transition layer and then place remainder of planting soil mixture.

If amendment is required after placement of planting soil, spread amendments evenly on surface and incorporate using mechanical rotary and hand tools to achieve depth required meeting thickness, grades, and elevations shown, after light rolling and natural settlement.

RIVERSIDE PARK REGENERATION 64 Spec No.24-05
REFLECTING ADDENDUM 3
Incorporate mycorrhizal inoculum into planting soil.
20-3.02C(2) Finish Grading
Finish grading shall be as indicated on the Civil Engineer Drawings, unless otherwise noted on the Contract Drawings prepared by the Engineer or noted herein this Section. Contractor shall report discrepancies (if any) to the Engineer and Civil Engineer for clarification and resolution.

Finish grades shall be measured at the top surface of surface materials. The finish grade below adjacent paving, curbs, or headers shall be two inches (2”) in shrub and/or groundcover areas.

Remove all rocks two inches (2”) and larger to a depth of four (2”) inches below finish grade of shrub and groundcover areas and all other growth or debris from the site.

Fill gullies or ruts in excess of one (1”) inch deep on areas to be planted with shrubs and groundcovers using adjacent soil, and compact soil to adjacent finish grade of soil.

Contractor shall take every precaution to protect and avoid damage to sprinkler heads, irrigation lines, drainage lines, improvements by other trades, and all underground utilities during grading and conditioning operations. The Contractor shall maintain established site grades and drainage during all stages of landscape construction.

The finish grading shall be smooth, uniform, and free from abrupt grade changes and depressions to insure positive drainage of the site. All surface drainage shall drain away from buildings, walls, and walks, and shall drain towards roadways, streets, gutters, drains, and catch basins.

Final grades shall be acceptable to the Engineer before commencement of planting operations. Planting or other landscape site construction improvements installed without prior approval of finish grades by the Engineer shall be re-installed under requirements of this Section and other Sections of the Contract Specifications, with no additional cost to the Owner.
20-3.02C(3) Planting Plants
20-3.02C(3)(a) Excavation for Trees and Shrubs
Pits and Trenches: Excavate with vertical sides and with bottom of excavation slightly raised at center to assist drainage. Loosen hard subsoil in bottom of excavation.

Container-Grown Trees and Shrubs: Excavate to three times (3x) the container width and depth, plus the following setting-layer depth, or as further directed by the Engineer:

Setting Layer: Allow three (3”) inches of planting soil.

Set top of rootball even with finish grade.

Obstructions: Notify Engineer if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations.

Drainage: Notify Engineer if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits.

Fill excavations with water and allow to percolate out, before placing setting layer and positioning trees and shrubs.
20-3.02C(3)(b) Planting Trees and Shrubs
Set container-grown stock plumb and in center of pit or trench with top of ball raised above adjacent finish grades as indicated.

RIVERSIDE PARK REGENERATION 65 Spec No.24-05
REFLECTING ADDENDUM 3
Carefully remove containers so as not to damage root balls.

Place stock on setting layer of compacted planting soil.

Place backfill around ball in layers, tamping to settle backfill and eliminate voids and air pockets. When pit is approximately 1/2 backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more is absorbed. Water again after placing and tamping final layer of backfill.

Dish and tamp top of backfill to form a three inch (3”) high mound around the rim of the pit. Do not cover top of root ball with backfill.

Plant Settling: Any tree or shrub that has settled deeper than the surrounding grade shall be raised to the correct level, to the satisfaction of the Engineer.
20-3.02C(3)(b)(i) Pruning Plant Material
At no time shall any plant material be pruned, trimmed, thinned, shaped, or topped prior to delivery. Any pruning, trimming, thinning, shaping, or topping of plant material shall be only conducted on the Project Site, and under the presence and direction of the Engineer. Any plant material that has been pruned and delivered to the Project Site without prior approval by the Engineer or approved Certified Arborist shall be rejected.

When directed by the Engineer or an approved certified Arborist, Contractor shall prune, thin, and shape plant material according to standard horticultural practice to preserve the natural character of the plant material.

Prune trees to retain required height and spread. Unless otherwise directed by the Engineer or Certified Arborist, do not cut tree leaders; remove only injured or dead branches from flowering trees.

All pruning and remedial work shall be done under continuous supervision of the Engineer or approved Certified Arborist, and per ANSI A-300 Pruning Standards. The Arborist shall be certified by the International Society of Arborists (ISA); or the Certified Arborist who is a member of the American Society of Consulting Arborists, in compliance with ISA and ANSI Standards.

Provide pruning, cabling and bracing, irrigation, pest and disease control and other remedial treatments as recommended by the Engineer or approved Certified Arborist, as required, to assure the long-term health of the trees and existing vegetation, and the safety of persons and property. 20-3.02C(3)(b)(ii) Tree Staking and Tying
Upright Staking and Tying: Stake all trees unless directed otherwise by Owner’s Authorized Representative.

Install Mega Stake per manufacturer’s specifications. Orient tree with nursery stake on same side as Mega Stake. Remove nursery stake.

Provide additional tree ties, as directed by the Engineer, to tree trunks and stakes, to firmly support tree trunk and canopy.
20-3.02C(3)(c) Groundcovers and Plants
Spacing: Space ground cover and plants at spacing indicated on the Contract Drawings. Plants shall be triangular spaced, or as indicated on the Contract Drawings.

Dig holes large enough to allow spreading of roots and backfill with planting soil. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. Water thoroughly after planting, taking care not to cover plant crowns with wet soil.

Plant Settling: Any groundcover or other plant that has settled deeper than the surrounding grade shall be raised to the correct level.

RIVERSIDE PARK REGENERATION 66 Spec No.24-05
REFLECTING ADDENDUM 3
20-3.02C(3)(d) Installation of Miscellaneous Materials
When deciduous trees or shrubs are moved in full-leaf, spray with anti-desiccant at nursery before moving and again two (2) weeks after planting. Apply anti-desiccant using power spray to provide an adequate film over trunks, branches, stems, twigs, and foliage.
20-3.02C(3)(e) Cleanup and Protection
During landscaping operations, keep pavements clean and Work area in an orderly and safe condition.

Contractor shall remove all trash caused from his Work on a weekly basis throughout the duration of the Work.

Protect landscaping from damage due to landscape operations, operations by other Contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged landscape work as directed.

Upon completion of his Work under this Section, the Contractor shall remove all rubbish, waste, debris, excess construction materials, and other items resulting from construction operations offsite as described herein this Section and directed by the Engineer.

All scars, ruts, or other marks in the ground caused by the Contractor’s Work shall be repaired.

Remove all equipment and implements of service and leave the entire Project Site area in a neat, clean, and Owner-approved condition. All sidewalks, driveways, pavements, and site areas shall receive a broomclean treatment or other cleaning treatment as directed by the Engineer. 20-3.02C(3)(f) Disposal of Surplus and Waste Materials
Disposal: Contractor shall remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of it off the Owner's property. 20-3.02C(3)(g) Final Review
A Final Review shall be performed upon completion of the Maintenance Period.

Contractor shall request attendance at the review by the Owner, Engineer, and other parties designated by the Owner of not less than one (1) week prior to the end of the Maintenance Period.

At the time of Final Review, planting areas shall be free of weeds and neatly cultivated. Contractor shall perform all necessary corrective work and replacement of materials as identified.

Work requiring corrective measures by the sole judgment of the Engineer shall be completed within ten (10) days of the Final Review.

Corrective Work and materials replacement shall be in accordance with the Contract Drawings and Contract Specifications and shall be made at no expense to the Owner.

Maintenance Period shall be continued at no expense to the Owner as determined by the Engineer until final acceptance of the completed Work is accomplished.

Contractor shall request a review upon completion of corrective Work and materials replacement.

If, after review, the Engineer finds the Work has been performed in accordance with the Contract Drawings and Contract Specifications, and plant materials are in satisfactory growing condition, a written notice of acceptance at the end of the Maintenance Period shall be issued by the Engineer. 20-3.02D Payment
Not used.

RIVERSIDE PARK REGENERATION 67 Spec No.24-05
REFLECTING ADDENDUM 3
Replace section 20-4 with:
20-4.01 GENERAL
General Landscape Maintenance: Work Specified in this Section- furnish all labor, material, equipment and services required to maintain the landscape as specified herein for a period of 90 days. General Landscape maintenance includes providing an operable irrigation service.

Tree Maintenance: Work Specified in this Section- furnish all labor, material, equipment and services required to maintain the trees as specified herein for a period of two (2) years. Tree maintenance includes providing an operable irrigation service.

The Contractor shall continuously maintain all areas involved in this Contract during the progress of the work. Improper maintenance or possible poor condition of any planting at the termination of the scheduled maintenance period may cause postponement of the final completion date of the Contract. Maintenance shall be continued by the Contractor until all work is accepted by the Engineer.

Start of Maintenance Criteria - Maintenance Period shall not start until all elements of construction, planting, and irrigation for the entire project are completed and accepted in writing.

The Contractor shall request an inspection to begin the plant maintenance period after all planting and related work has been completed in accordance with the Contract documents. All groundcover areas shall be planted. If such criteria are met to the satisfaction of the Engineer, a field notification will be issued to the Contractor to establish the effective beginning date of the period.

The Contractor’s Maintenance Period will be extended if the provisions required within the plans and specifications are not filled.

Prior to start of maintenance period, the Contractor shall submit a schedule of all activities planned during the maintenance period. This shall be accepted by the Engineer prior to the start of maintenance. All schedule changes shall be documented and accepted by the Engineer.

The Contractor shall provide protection of all planting areas against traffic or other damage by erecting fencing or other protection devices immediately after planting is completed. Warning signs, flags, and/or barricades shall be placed in high-traffic areas. Damaged areas shall be repaired immediately by the Contractor at no cost to the Owner.

All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, shall be replace by the Contractor at his expense.

General Landscape: The start of the Guarantee Period shall commence upon completion of the 1-year Maintenance Period.

Tree Maintenance: The start of the Guarantee Period shall commence upon completion of the 2-year Maintenance Period.

Any materials found to be dead, missing, or in poor condition during the maintenance period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. Material to be replaced within the Maintenance Period shall be replaced by the Contractor within fifteen (15) days of written notification by the Engineer.

Replacement trees covered by the Discretionary Tree Replacement shall be installed in or near the project area within twenty-one (21) days’ notice at the direction of the Engineer.