Misc. $10,723.42
Amendment No. 1 $81,940.00
Proposed Costs
Amendment No. 2 – Additional Scope (Proposed) $30,223.34 Estimated City Staff & ICAP $40,000.00
Total Authorized and Proposed Costs $1,318,000.53
Table 2: Funding Revenue and Sources
Funding Source Amount
Fund 792 – CFD 27 Bridge District Debt $529,889.00
Fund 296 – Bridge District IFD $610,338.86
Fund 793 – Bridge District IFD Construction Bonds $2,109,772.14 Total Approved Project Budget $3,250,000.00
Table 3: Total Funds Remaining
Project Cost Status Amount
Total Approved Project Budget $3,250,000.00
Total Authorized and Proposed Costs $1,318,000.53
Total Funds Remaining $1,931,999.47
ATTACHMENTS
1) Vicinity Map
2) Resolution 26-33
3) CPE24-354 Wood Rodgers Amendment No. 2
127
Sources: Esri, TomTom, Garmin, FAO, NOAA,
USGS, (c) OpenStreetMap contributors, and
the GIS User Community, City of West
Sacramento, Yolo County, Microsoft, Vantor
5th
St
Riverfront St
Mill St
Central St
5th St
Capital City Fwy E
Capital City Fwy W
5th
St
Capital City Fwy E
Capital City Fwy W
Capital City Fwy W
3 4A
Capital City Fwy E
Capital City Fwy W
0 0.09
MILES
¯
Project Limits
Prepared on
2/20/2026 by
manuelr
Economic Development
& Housing Department
City of West
Sacramento
RIVER WALK EXTENSION
(MILL PIER TO DISTRICT BOUNDARY)
Attachment 1
128
RESOLUTION 26-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
DELEGATING AUTHORITY TO THE CITY MANAGER TO UNDERTAKE CERTAIN ACTIONS
TO COMMENCE AND COMPLETE REAL PROPERTY TRANSACTIONS FOR THE
CONSTRUCTION OF THE SOUTH RIVERWALK TRAIL EXTENSION PROJECT WHEREAS, in 2024 the City of West Sacramento adopted the Bridge District, a five-year capital improvement initiative; and
WHEREAS, CIP 15131 was initially named River Walk Extension (Mill Pier to District Boundary). It will extend the Riverwalk Trail south from Mill Street, for approximately 2,000 feet across three parcels, creating ADA-accessible bike and pedestrian paths and levee access for agencies such as the U.S. Army Corps of Engineers (USACE), the Central Valley Flood Protection Board (CVFPB), and Reclamation District (RD900); and
WHEREAS, on August 16, 2023, the South Riverwalk Trail Extension contract was awarded to Wood Rodgers Inc., for engineering services consistent with their proposed scope of work; and
WHEREAS, on January 23, 2026, Amendment No. 1 to the contract was executed to revise the scope of work to include connection trail design, right-of-way and easement exhibit revisions, and a uniform appraisal for federal land acquisition; and WHEREAS, Amendment No. 1 also extended the term of the contract to August 15, 2027, and included an additional $81,940.00 to cover the expanded scope of work; and WHEREAS, the South Riverwalk Trail Phase Extension Project was included in the City’s Capital Improvement Program that was approved by City Council in Fiscal Year 2021/22; and WHEREAS, the City has retained Wood Rogers, Inc. and its subconsultant, Monument ROW to commence and complete acquisition of the real property interests required for construction of the Project; and
WHEREAS, real property fee title offers, permanent easements, temporary construction easements, part take acquisitions, licenses and permits are necessary for construction of the Project.
NOW, THEREFORE, BE IT RESOLVED to complete real property acquisitions with the property owners impacted by the Project. The City Council delegates authority to the City Manager to act on their behalf to commence discussions and make fee offers, permanent easement offers, temporary construction easement offers, permits, and licenses and all other real property rights required to complete construction of the Project.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to accept offers and counteroffers, authorize settlements, execute purchase and sale agreements, execute escrows, and to take any and all actions that may be necessary or advisable to complete the real property transactions required for the construction of the South Riverwalk Trail Extension Project. 129
Resolution 26-33
PASSED AND ADOPTED, by the City Council of the City of West Sacramento on this 15th day of April 2026, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
130
Wood Rodgers, Inc.
CPE23-178 – South Riverwalk Trail Extension
Expires 08/15/2027
AMENDMENT NO. 2
to the
CONTRACT FOR SERVICES
between the
CITY OF WEST SACRAMENTO
And
WOOD RODGERS, INC.
August 16, 2023
This Amendment No. 2 to the Contract for Services between the City of West Sacramento and Wood Rodgers, Inc. dated August 16, 2023, is made and entered into this 18th day of March 2026. Except as expressly amended herein, the August 16, 2023, Contract for Services is in full force and effect.
RECITALS
WHEREAS, On August 16, 2023, the City of West Sacramento and Wood Rodgers, Inc. entered into a contract for project planning and design services for the South Riverwalk Trail Extension Project; and
WHEREAS, On December 17, 2025, Amendment 1 to the contract was executed to incorporate connection trail design and right-of-way/easement revisions, along with additional funding and a one-year extension of the contract term; and WHEREAS, additional time and compensation is needed to address potential hazardous materials issues and complete right-of-way and easement appraisal; and WHEREAS, the City and Consultant desire to amend said contract.
NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:
I. SCOPE OF SERVICES:
The scope of services as set forth in the Contract for Services dated August 16, 2023, shall be revised to reflect the following:
Scope of Services will include Phase II Environmental Site Assessment to address potential hazardous materials issues related to Assessor Parcel Number (APN) 058-350- 074 and APN 058-350-077 as part of the South Riverwalk Trail Extension Project as well as provide survey staking to delineate the proposed Right-of-Way and Easements to be appraised as noted in the attached Exhibit A.
II. COMPENSATION:
The compensation as set forth in the Contract for Services dated August 16, 2023, shall be revised to include the following:
Total contract compensation will increase by $30,223.34 (thirty-thousand, two-hundred twenty-three dollars and thirty-four cents), and total contract value shall not exceed $729,446.34 without the City’s written approval.
131
Wood Rodgers, Inc.
CPE23-178 – South Riverwalk Trail Extension
Expires 08/15/2027
IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.
CITY OF WEST SACRAMENTO
By:
Amanda Berlin, Assistant City Manager
WOOD RODGERS, INC.
By:
Mark Rayback, President
APPROVED AS TO FORM
By:
Jeffrey Mitchell, City Attorney
ATTEST
By: ________________________________________________________ Jennifer Cusmir, City Clerk
132
Corporate Office: 3301 C Street, Bldg. 100-B • Sacramento, CA 95816 • Tel: 916.341.7760 • Fax: 916.341.7767 Offices located in California and Nevada
www.woodrodgers.com
March 30, 2026
Ms. Amber Wallace
City of West Sacramento
1110 West Capitol Ave
West Sacramento, CA 95691
Office: (916) 617-5327
[email protected]
Re: South Riverwalk Trail Extension
Amendment 2 – Scope of Work and Budget Revision
Ms. Wallace,
At the request of the City of West Sacramento (City), Wood Rodgers, Inc. (Wood Rodgers) has prepared a scope and fee proposal to add additional services that were not included in our existing scope of work and budget. This work includes the staking of trail, Drainage, Utility, and Temporary Construction easement limits on the Smart Growth Investors parcels (APN 058-350-074 and APN 058-350-077) and the Lonestar parcel (APN 058-350-008) as part of the South Riverwalk Trail Extension Project (Project). Through our subconsultant, Blackburn Consulting, we have also been asked to prepare a Phase II Environmental Site Assessment (Phase II) to address potential hazardous materials issues that can affect property acquisition, design, and construction.
This Amendment is an official request to add additional scope of work and budget to our contract for this additional work. We are requesting to amend the scope of work and budget as follows:
SCOPE OF WORK AMENDMENT
Task 3.3: Phase 1 Environmental Site Assessment
To further define the anticipated issues with hazardous materials that were previously identified with the Phase 1 ESA at APN 058-350-074 and APN 058-350-077, Blackburn Consulting will prepare a Phase II Environmental Site Assessment that will include a field investigation, laboratory Testing and Analysis, and the preparation of a Report documenting the sampling and analytical testing procedures and the results and recommendations.
Please see the attached scope and fee proposal from Blackburn for additional information.
Task 4.1: Topographic Surveying and Base Map
To facilitate the appraisal of the various easements on the three properties within the Project limits, Wood Rodgers survey crews will provide staking services showing the limits of the trail, drainage, utility and temporary construction easements. Staking will be provided at 25-foot intervals on the subject properties. This scope assumes that the City will provide Wood Rodgers with a right of entry agreement from the property owner prior to mobilizing our field crew for the staking work.
FEE UPDATE
Wood Rodgers is formally requesting an additional $30,223.34 for these new scope of work items. This will increase our total contract fee to $729,446. A detailed breakdown of this budget request by task is provided in Attachment A.
133
Wood Rodgers looks forward to continuing our involvement with the City and reaching a successful completion of this Project and we request your authorization. If you agree with this request, please return a signed copy of this letter to Wood Rodgers.
If you require additional information regarding this request, please do not hesitate to contact me at (916) 633- 1982.
Sincerely,
Wood Rodgers, Inc.
________________________________
David E. Melis, PE
Principal Engineer
cc: Tom Dugan
Enclosure
134
Exhibit A - Amendment 2 Budget Request
COMPANY: Wood Rodgers, Inc. DATE: 3/30/26PROJECT: City of West Sacramento - South Riverwalk Extension Project (23-008-RFP) Principal
Engineer II
Principal
Engineer I
Senior
Engineer II
Senior
Engineer I
Project
Engineer II
Project
Engineer I Engineer II Engineer I Assistant Engineer Designer Senior CAD Tech II Principal Landscape Architect I Senior Landscape Architect I Project Landscape Architect I Project Planner I Principal Surveyor I Project Surveyor II Project Surveyor I 2 Person Survey Crew Billing Rate: $ 320.00 285.00$ 260.00$ 250.00$ 235.00$ 225.00$ 215.00$ 195.00$ 165.00$ 100.00$ 200.00$ $ 285.00 $ 250.00 $ 225.00 $ 225.00 285.00$ 235.00$ 215.00$ 400.00$ T&M T&M T&M T&M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $ - 0 $ - 0 $ - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $23,163 $0 $0 $0 $ 23,163.34 0 $ - 0 $ - Task 3.3 - Phase 1 Environmental Site Assessment (ESA) 0 $ - Task 3.3.1 - Phase 2 ESA 0 $23,163 $ 23,163.34 0 $ - 0 $ - 0 $ - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5 0 14 20 $0 $0 $0 $0 $ 7,060.00 0 $ - Task 4.1.1 - Easement Staking (Smart Growth
Properties) 0.5 3.5 8 12 $ 4,165.00
Task 4.1.2 - Easement Staking (Lonestar) 0.5 1.5 6 8 $ 2,895.00 0 $ - 0 $ - 0 $ - 0 $ - Task 4.6 - Storm Water Data Report 0 $ - 0 $ - 0 $ - Task 4.9 - Final PS&E 0 $ - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $ - 0 $ - 0 $ - Task 5.3 - Draft and Final Geotechnical Report 0 $ - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $ - 0 $ - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $ - 0 $ - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $ - 0 $ - TOTAL HOURS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5 0 14 20 TOTAL LABOR FEE $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $285.00 $1,175.00 $0.00 $5,600.00 $23,163.34 $0.00 $0.00 $0.00 $30,223.34 AMOUNT
$ - $ - $ - $ -
PROJECT TOTAL COST (LABOR + ODC) $30,223.34
Wood Rodgers, Inc.
TASK 8 - PIONEER BLUFF DISTRICT TECHNICAL MEMO
Task 7 - Pioneer Bluff District Technical Memo
TASK 7 - BID AND AWARD SUPPORT
Task 6 - Bid and Award SupportTask 5.2 - Subsurface Exploration and Laboratory Testing TASK 4 - DESIGN
Task 4.1 - Topographic SurveyingTask 4.8 - 100% Design and PS&ETask 4.5 - Drainage Analysis and ReportTask 4.7 - 75% Design and PS&ETask 4.3 - Utility CoordinationTask 3.5 - West Sacramento Area Flood Control Agency CoordinationTask 3.6 - Caltrans Coordination and Permit
TOTAL TASK FEE
AMOUNT
TASK 1 - PROJECT MANAGEMENT
Task 1.1 - Project AdministrationTask 1.3 - Coordination Meetings
DESCRIPTION
Personnel:
Task 1.2 - Project ScheduleTask 1.4 - Quality Control
TASK 2 - LAND ACQUISITION AND RIGHT-OF-WAY NEGOTIATIONS Task 3.2 - Cultural Resources ReportTask 3.4 - CVFPB / USACE 408 Support and PermitsTask 2.2 - Right-of-Way Negotiations and Acquisitions TASK 6 - GRANT SUPPORT
Task 6 - Grant Support
SUBCONSULTANTS
Blackburn
Consulting
Monument
ROW
ECORP
Consulting,
Inc.
KMP
Strategies,
LLC
Task 5.1 - Background ResearchTask 4.5 - Conceptual 30% Design and Report TOTAL
TASK
HOURS
TASK 5 - GEOTECHNICAL ANALYSIS AND REPORTTASK 3 - ENVIRONMENTAL DOCUMENTATION AND PERMITTING Task 3.1 - Biological Resources ReportTask 4.2 - Prepare Plat and Legal DescriptionsTask 2.1 - Right-of-Way and Easement Appraisals
TOTAL ODC EXPENSE
OTHER DIRECT COSTS (ODC)
Title ReportsPothollingEvent Hosting Costs
1 135
Blackburn File No. 4450.x
February 3, 2026
Mr. David Melis
Wood Rodgers, Inc.
3301 C Street, Bldg. 100-B
Sacramento, CA 95841
Subject: Proposal for Phase II Environmental Site Assessment South Riverwalk Trail Extension Project
West Sacramento, California
Dear Mr. Melis:
Blackburn Consulting (Blackburn) presents this proposal for a Phase II Environmental Site Assessment (Phase II) to address potential hazardous materials issues related to Assessor Parcel Number (APN) 058- 350-074 and APN 058-350-077, as part of the South Riverwalk Trail Extension Project (Project), located in West Sacramento, California. The intent of the Phase II is to define identified hazardous material issues that can affect property acquisition as well as project planning, design, and/or construction.
The Project will extend the existing riverwalk trail southward about ¼ mile from its current end near Mill Street. The new trail will be constructed along the top of the wide levee embankment along the Sacramento River and will serve as both a pedestrian trail and levee operation and maintenance access road. The project will include a short connector roadway (“Universal Road”) that will extend about 400 feet west from the new trail to a future connection with Riverfront Street/South River Road.
Blackburn completed the Phase I Environmental Site Assessment (ESA), South Riverwalk Extension on October 28, 2025 (2025 ESA) which identified the following potential recognized environmental conditions (RECs) at APN 058-350-074 and APN 058-350-077, both proposed for acquisition.
The 2025 ESA identified a third parcel, APN 058-350-008, with RECs including a railroad spur, oil drum storage area, surface spill containment area, oil/water separators, and a sludge containment basin, however, these RECs are not located near the acquisition area for this Project. In addition, Blackburn completed a Phase II Environmental Site Assessment, Riverfront Street Extension (2018, Phase II) for this parcel; and analytical results did not indicate significant or widespread contamination at the parcel. 136
PHASE II ENVIRONMENTAL SITE ASSESSMENT PROPOSAL
South Riverwalk Trail Extension Project
February 3, 2026
2 APN 058-350-074 (former APN 058-350-017). Partial acquisition is proposed for an approximate 20- foot-wide segment aligned north-south across the parcel from the US50 overcrossing to the junction of Mill Street and Riverfront Street. The parcel was previously developed as a rice mill and a railroad track/spur from 1937 until at least 1998. Proximity below US50 indicates a potential for elevated concentrations of ADL.
The sample locations in the 2018 Phase II were on the parcel adjacent to the current acquisition area. Due to the distance of the 2018 Phase II sample locations from the acquisition area, we recommended a shallow soil assessment for metals, total petroleum hydrocarbons (TPHs), and semi volatile organic compounds (SVOCs) within the acquisition area where former structures and railroad tracks were located.
The ADL Assessment conducted as part of the 2018 Phase II included one sample location (ADL-10) near the west edge of the parcel beneath US50. The detected soil concentration (220 milligrams per kilogram [mg/kg]) was above listed screening level of 80 mg/kg. We recommend four locations within the acquisition area be assessed for ADL.
APN 058-350-077 (former APN 058-350-007).
Partial acquisition is proposed for an approximate 20-foot-wide segment aligned north-south across the entire parcel. The parcel was partially developed as a rice oil extraction plant in conjunction with APN 058-350-074. Proximity to US50 indicates a potential for elevated concentrations of ADL.
The sample locations in the 2018 Phase II were on the parcel adjacent to the current acquisition area.
Due to the distance of the 2018 Phase II sample locations from the acquisition area and former development of the parcel, we recommend a shallow soil assessment for metals, TPHs, and SVOCs within the acquisition area where former structures were located.
The 2018 ADL Assessment included two sample locations (ADL-4 and ADL-5) collected at the north edge of the parcel beneath US50. The detected soil concentration of total lead at ADL-4 was 150 mg/kg, which is above listed screening level of 80 mg/kg. We recommend additional ADL assessment within the acquisition area.
We propose the following scope of services, fees, and schedules.
SCOPE
Blackburn based the scope of services outlined in this proposal on the conditions discussed above and on the assumption that the Phase II will be performed at both parcels simultaneously. We will conduct the Phase II in general accordance with ASTM E1903-11 “Standard Practice for Environmental Site Assessment: Phase II Environmental Site Assessment Process” requirements. For each parcel assessment, we will follow the general scope and schedule outlined below:
137
PHASE II ENVIRONMENTAL SITE ASSESSMENT PROPOSAL
South Riverwalk Trail Extension Project
February 3, 2026
3 1. Field Investigation
Blackburn’s engineer or geologist will complete the following tasks:
• Review existing site conditions and prepare a sampling work plan. • Prepare a site-specific Health and Safety Plan.
• Mark sampling locations for Underground Service Alert. • Perform hand-auger borings to an approximate depth of between 1.5 and 3-feet bgs at each boring and collect soil samples at selected intervals from each boring. • Hand auger up to eight borings (4 ADL and 4 rice mill/railroad track) at each parcel. o Collect a discrete sample at 0-4” and 12-18” bgs from each of 8 ADL sample locations (16 ADL samples total).
o Collect a discrete sample at 6-12” and 18-24” bgs from each of 8 rice mill/railroad track sample locations (16 samples total).
• Use a Photoionization Detector (PID) to monitor boreholes during subsurface exploration. • Transfer samples into glass jars, label with the sample time, date, location, depth, and the sampler’s initials.
• Samples will be placed in a cooled ice chest and delivered to a California certified analytical laboratory under continuous chain-of-custody documentation. • Clean sampling equipment with an Alconox wash solution and a distilled water rinse between each sample location.
• Discharge wash and rinse water to the ground surface. • Backfill boring with cuttings.
2. Laboratory Testing and Analysis
• Analytical testing of rice mill/railroad track soil samples include:
o CAM17 Metals by EPA Methods 6010/7470
o TPH gasoline/diesel/motor oil by EPA Method 8015
o SVOCs by EPA Method 8270
• Analytical testing of ADL soil samples include:
o Total Lead by EPA Method 6010B
o Samples with total lead concentrations >50 mg/kg (up to 30% of the total samples) will be analyzed for soluble lead (WET Extraction, EPA Method 6010B analysis). o Samples with soluble lead results exceeding 5.0 mg/l will be further tested using WET-DI analysis.
o One ADL sample will be randomly selected for pH testing (EPA Test Method 9045). • Laboratory quality assurance will consist of Method Blanks and Spiked Samples. 138
PHASE II ENVIRONMENTAL SITE ASSESSMENT PROPOSAL
South Riverwalk Trail Extension Project
February 3, 2026
4 3. Report Preparation
Blackburn will prepare a draft report documenting the sampling and analytical testing procedures and results. After we receive review comments, we will prepare a final report. Our report will include:
• Site description
• Summary of subsurface conditions and analytical results • Conclusions and Recommendations
• Vicinity and Site maps with boring locations
• Limitations of the Report
SCHEDULE/FEE
We will begin the Phase II scope of services upon receipt of a signed agreement. We anticipate that Phase II tasks defined in this proposal can be completed within 6 weeks of authorization. This schedule assumes that any required rights-of-entry are in place when the Phase II is authorized. Blackburn will complete the scope of services outlined above for a fee of $23,163, itemized in the attached form 10-H.
LIMITATIONS
This Phase II scope, and any subsequent revisions, were developed to assess hazardous material conditions that may influence project improvements. This Phase II scope is not intended to fully characterize potential or known RECs.
This scope and fee assume that others will provide all necessary access agreements and indemnifications related to access and performance of subsurface work, including approval for subsurface investigation.
Thank you for including Blackburn on your team for this important project. Please call if you have questions or require additional information.
Sincerely,
BLACKBURN CONSULTING
Miljan Draganic Laura Long
Project Manager Senior Project Manager
Attachment: 10-H Fee
139
Consultant BLACKBURN CONSULTING
Project No. Contract No. Date 1/26/2026
Project Name
DIRECT LABOR
Hours Actual Hourly Rate Total
1 $111.59 $ 55.80
6 $61.66 $ 369.96
5 $56.19 $ 280.95
27 $60.10 $ 1,622.70
$32.21 $ -
$29.98 $ -
6 $31.00 $ 186.00
$29.00 $ -
18 $76.60 $ 1,378.80
7 $38.18 $ 267.26
$21.00 $ -
1 $86.54 $ 86.54
2 $23.74 $ 47.48
72.5 LABOR COSTS
a) Subtotal Direct Labor Costs $ 4,295.49
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 4,295.49
INDIRECT COSTS
d) Fringe Benefits Rate: ) Total Fringe Benefits [(c) x (d)] 62.44% $ 2,682.10 f) Overhead Rate: 156.86% g) Overhead [(c) x (f)] $ 6,737.90 h) General & Administrative Rate: 0.00% i) Gen & Admin [(c) x (h)] $ - 219.30%
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 9,420.00
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 12% ] $ 1,645.86 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE
Quantity Unit Unit Cost Total
Mileage @ IRS rate Mile $ 0.725 $ -
Photoionization Detector (PID) 2 Day $ 107.00 $ 214.00
Hand Sampling Equipment 2 Day $ 449.00 $ 898.00
In-House Laboratory Analysis Lump $ - $ -
Outside Laboratory Analysis 1 Lump $ 6,690.00 $ 6,690.00 $ -
$ -
$ 7,802.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1: $ -
Subconsultant 2: $ -
m) TOTAL SUBCONSULTANT'S COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 7,802.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 23,163.34
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS COST PROPOSAL 1
Note: Mark-ups are Not Allowed
R. Pickard
Classification/Title Name
City of West Sacramento - South Riverwalk Train Extension L. Long
Principal Engineer H. Rodgers
Sr. Project Manager
Sr. Geologist
D. Magana
J. Budean
L. Romanyuk
R. Hiett
D. Blackburn
Combined ICR %:
Description of Item
M. Draganic
A. Garcia
N. Mutto
Staff
L. Dixon
Drafter
Sr. Admin
Assistant
Project Manager
Project Engineer
Project Engineer
Project Engineer
Project Engineer
PW Tester / Inspector Grp 3
Drafter
Prime Consultant Subconsultant 2nd Tier Subconsultant
140
COST PROPOSAL 1
1. Calculate Average Hourly Rate for 1st Year of the Contract (Direct labor subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$4,295.49 = 59.25
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Year 1 $59.25 + = $62.21 Year 2 Avg Hourly Rate
Year 2 $62.21 + = $65.32 Year 3 Avg Hourly Rate
Year 3 $65.32 + = $68.59 Year 4 Avg Hourly Rate
Year 4 $68.59 + = $72.02 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
per Year
Year 1 100% * = 72.50 Est Hours Year 1
Year 2 0% * = 0.00 Est Hours Year 2
Year 3 0% * = 0.00 Est Hours Year 3
Year 4 0% * = 0.00 Est Hours Year 4
Year 5 0% * = 0.00 Est Hours Year 5
Total 100% = 72.50
Year 1 $59.25 * = $4,295.49 Est Hours Year 1
Year 2 $62.21 * = $0.00 Est Hours Year 2
Year 3 $65.32 * = $0.00 Est Hours Year 3
Year 4 $68.59 * = $0.00 Est Hours Year 4
Year 5 $72.02 * = $0.00 Est Hours Year 5
Total Direct Labor Cost with Escalation = $4,295.49
Direct Labor Subtotal before Escalation = $4,295.49
Estimated Total of Direct Labor Salary Increase = $0.00 (Transfers to Page 1) NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 years = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
Direct Labor Subtotal Total Hours
Total
per Cost Proposal per Cost Proposal
0 0
Avg Hourly Rate Estimated hours
per Cost Proposal
73 73
0 73
0 Year 1 Avg Hourly Rate
CALCULATIONS FOR ANTICIPATED SALARY INCREASE
73 5.0%
5.0%
5.0%
5.0%
73 Proposed Escalation
(calculated above)
Cost per Year
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number Estimated % Total Hours
Completed Each Year
(calculated above)
73 73
141
COST PROPOSAL 1
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name: Title *:
Signature : Date of Certification: 1/26/2026
Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
Geo-Environmental services for the City of West Sacramento South Riverwalk Train Extension project.
CERTIFICATION OF DIRECT COSTS
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted In direct Cost Rate(s).
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
11521 Blocker Drive, Suite 110, Auburn CA 95603
[email protected] (530) 887-1494
Wendy Supinger Vice President
142
PROJECT NAME: Sycamore Trail Phase IV and V Feasibility Study DATE 1/26/2026 LOCATION: West Sacramento, CA
Principal
Engineer
Sr. Project
Manager Sr. Geologist Project Manager
Project
Engineer
Project
Engineer
Project
Engineer
Project
Engineer
PW Tester /
Inspector Grp
3 Drafter Drafter Sr. Admin Assistant
Employee Name H. Rodgers L. Long R. Pickard M. Draganic A. Garcia D. Magana J. Budean L. Romanyuk Staff R. Hiett L. Dixon D. Blackburn N. Mutto TASK 1 PROJECT MANAGEMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1.1 0
1.2 0
1.3 0
1.4 0
TASK 2 LOCATION & EXISTING CONDITIONS ANALYSIS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2.1 0
2.2 0
2.3 0
2.4 0
2.5 0
2.6 0
2.7 0
2.8 0
2.9 0
0 0
0 0
TASK 3 COORDINATION, OUTREACH, & ENGAGEMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
3.1 0
3.2 0
3.3 0
0 0
0 0
TASK 4 DESIGN ALTERNATIVES CONCEPTS CONSTRUCTABILITY & ANALYSIS 1 6 5 27 0 0 6 0 18 7 0 1 2 0 0 72.5 Phase II ESA 1 6 5 27 6 18 7 1 2 0 0 72.5
0 0
0 0
0 0
0 0
TASK 5 OPINION OF PRELIMINARY COST ESTIMATES FOR DESIGN ALTERNATIVES 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
TASK 6 PREFERRED ALTERNATIVES ANALYSIS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
TASK 7 PRELIMINARY ENVIRONMENTAL STUDY 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
TASK 8 PROJECT COORDINATION, FUNDING OPPORTUNITIES, PERMITTING REQUIREMENTS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 TASK 9 FEASIBILITY REPORT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 TASK 10 ENVIRONMENTAL DOCUMENTATION & PERMITTING (OPTIONAL) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
TASK 11 PRELIMINARY ENGINEERING (35% PLANS & ESTIMATES) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 TOTAL HOURS 1 6 5 27 0 0 6 0 18 7 0 1 2 0 0 72.5TASK HOURS
BLACKBURN CONSULTING
143
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 15, 2026 ITEM # 7
SUBJECT:
CONSIDERATION OF AWARD OF CONTRACT TO ACCO ENGINEERED SYSTEMS, INC.
FOR CONSTRUCTION SERVICES FOR THE RECREATION CENTER LAP POOL HEATER REPLACEMENT PROJECT (CIP 60003)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Timothy Spinelli, Senior Project Manager
Capital Projects Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve a construction contract award to ACCO Engineered Systems, Inc. for the Recreation Center Lap Pool Heater Replacement Project (CIP 60003).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that Recreation Center Lap Pool Heater Replacement Project (CIP 60003) is exempt from review under California Code of Regulations, Title 14, Division 6 Chapter 3 (“CEQA Guidelines”) Section 15301 (Class 1 (b)) and Section 15303 (Class 3) under the California Environmental Quality Act; 2) Award a construction contract to ACCO Engineered Systems Inc., in the amount of $278,500, for the Recreation Center Lap Pool Replacement Project which includes the preparation, purchase and installation of two commercial pool heaters;
3) Authorize the City Manager, or his designee, to execute a contract with ACCO Engineered Systems Inc. in the amount not to exceed $278,500;
4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the contract with ACCO Engineered Systems Inc. with the approval from the City Attorney; and 5) Authorize the City Manager, or his designee, to execute contract amendments, up to 20% ($55,700) of the value of the contract.
BACKGROUND
The West Sacramento Recreation Center (Recreation Center) offers a competitive lap pool for use by the Washington Unified School District, members, and residents. The pool is heated by two commercial boilers (heaters) that are currently at the end of their useful life and have failed several times in the last year.
The subsequent repairs to the boilers required the pool to close and disrupt the lap pool services offered by the Recreation Center and for River City High School Athletics. The current commercial boilers will be replaced with new boilers specifically designed for commercial pools, and will be maintained under contract by industry professionals. The new boilers are designed with higher efficiency, lowering gas consumption and extending the equipment’s life expectancy to up to 20 years.
ANALYSIS
On January 16, 2026, the Capital Projects Department released an Invitation to Bid (25-111-ITB) for a contractor to perform the commercial pool heater replacement. The project was advertised in the local newspaper. At the close of the bid period, City staff received three bids, which were opened on February 6, 2026. The bid results are summarized below:
Table 1. Bid Results
Rank Contractor Bid Total
1 ACCO Engineered Systems, Inc. $278,500.00
2 Aqua Source LLC $281,183.49
3 National Aquatic Services, Inc. $284,670.00
Environmental Considerations
The Recreation Center Lap Pool Heater Replacement Project involves alteration to existing facilities; therefore, it is exempt from review under California Environmental Quality Act (CEQA) pursuant to the Class 1 (existing facilities), Class 3 (new construction of small structures) categorical exemptions. 144
Recreation Center Lap Pool Heater (CIP 60003)
April 15, 2026
Commission Recommendation
This item does not require review by a City commission.
Strategic Plan Integration
The recommended actions support the Core Services & Infrastructure Strategic Principle by providing safe, secure, and well-maintained infrastructure.
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report. 2) Reject the recommended actions or direct staff to alter the recommended actions. 3) Defer the project.
Staff recommends that the Council proceed with Alternative 1 to allow the project to move forward and complete the commercial heater replacements. Alternatives 2 and 3 are not recommended as they would delay necessary replacements and impact the planned project schedule.
Coordination and Review
This report was prepared by the Capital Projects Department and has been coordinated with and reviewed by the Parks and Recreation Department.
Budget/Cost Impact
This project is included in the City’s Capital Improvement Program (CIP) as CIP 60003. There is sufficient funding in the CIP project to cover the costs of this contract, and is funded through Measure K (Fund 108). Table 2 provides the approved budget and estimated costs associated with this contract.
Table 2. Recreation Center Pool Heater Replacement – Budget & Cost Summary (CIP 60003) Category Amount
Funding Source
Measure K Funds (Fund 108) $400,000
Total Funding Available $400,000
Project Costs
Construction Contract (ACCO Engineered Systems, Inc.) $278,500 Contract Contingency (20%) $55,700
Staff Time and ICAP (15%) $41,775
Total Estimated Costs $375,975
ATTACHMENTS
1. Notice of Exemption (CEQA)
2. CPC26-050 ACCO Engineered Systems, Inc. – Construction Contract
3. Vicinity Map
145
Statutory Exemptions. State code number:
_______________________________________________
Notice of Exemption Attachment 1
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
X
146
ACCO Engineered Systems, Inc.
CPC25-050 – Recreation Center Pool Heaters Replacement
Expires 30 Working Days
Updated 120424
CONSTRUCTION CONTRACT
THIS CONTRACT made on April 15, 2026 by and between the City of West Sacramento (“City”), and ACCO Engineered Systems, Inc., hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.
The parties have mutually covenanted and agreed as follows:
1. THE CONTRACT DOCUMENTS:
The complete Contract consists of the following documents (“Contract Documents”):
Invitation to Bid (See Part 1)
Accepted Bid (and all accompanying documents)
Addenda Nos. 1, 2, & 3, as issued
Designation of Subcontractors, (See Part 1)
Construction Contract (See Part 2)
Payment Bond to accompany Contract (See Part 2)
Performance Bond to accompany Contract (See Part 2)
Contractor’s Certification Regarding Workers’ Compensation (See Part 2) General Conditions (See Part 3)
Supplemental Conditions (Special Provisions) (See Part 4) Drawings
Technical Specifications (See Part 4)
Change Orders
City of West Sacramento Standard Specifications 2002, with Amendments #1 & #2 State of California Department of Transportation (Caltrans) Standard Specifications 2015
2. THE WORK:
The Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the Recreation Center Pool Heater Project “Project” as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City, or its representatives. The City hereby designates as its representative for the purpose of this Contract the following named person: Tim Spinelli.
3. CONTRACT PRICE:
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of $278,500 for the Project subject to additions and deductions as provided in the Contract Documents.
147
ACCO Engineered Systems, Inc.
CPC25-050 – Recreation Center Pool Heaters Replacement
Expires 30 Working Days
Updated 120424
4. COMPLETION DATE:
The Project shall be commenced on the date specified in the Notice to Proceed. The total project will be completed within Thirty (30) working days, as defined in the General Conditions, after the date stated in the Notice to Proceed.
5. NOTICE AND SERVICE THEREOF:
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the City, by personal delivery thereof to the Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the City at:
City of West Sacramento
Jaipal Chahal, Director of Capital Projects
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
(b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the Contractor at:
Business ACCO Engineered Systems Inc.
Attention Lawrence Duong, Project Executive
Street Address 888 East Walnut St
City, State, Zip Code Pasadena, CA 91101
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
6. LIQUIDATED DAMAGES:
Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of One Thousand Dollars ($1,000.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the Supplemental Conditions.
7. PREVAILING WAGE:
Copies of the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations in accordance with Labor Code section 1773.2 are on file at the City, and copies are available for inspection at that office to any interested party on request. 148
ACCO Engineered Systems, Inc.
CPC25-050 – Recreation Center Pool Heaters Replacement
Expires 30 Working Days
Updated 120424
Bidders shall be responsible for verifying with the Director of the Department of Industrial Relations that all such copies of the prevailing rate provided by the City are current and accurate. The requirement to pay the wage rate so specified is further detailed in the General Conditions.
8. CONTRACTOR REGISTRATION
By the execution of this Contract, Contractor hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (Contractor registration).
IN WITNESS WHEREOF, four (4) identical counterparts of this Contract, each of which shall for all purposes be deemed an original, have been duly executed by the above-named parties, on the date noted on the first page of this Contract.
By signing below, the Consultant agrees to the provisions on the reverse side.
ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. By electronically signing this document in electronic form, Parties agree that this Agreement may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code section 1633.7.
Date Contractor
Date Amanda Berlin, Assistant City Manager
City of West Sacramento
Approved as to form:
Jeffrey Mitchell, City Attorney
Attest:
Jennifer Cusmir, City Clerk
149
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization and Demobilization 1 LS $5,000.00 $5,000.00 2 Building and Yolo-Solano AQMD Permits 1 LS $8,500.00 $8,500.00 3 Demolition 1 LS $6,500.00 $6,500.00
4 Purchase and Install of two (2) Heaters - Lochinvar Aquas Pool Package APO1500N 1 LS $198,500.00 $198,500.00 5 Electrical 1 LS $7,500.00 $7,500.00
6 Plumbing 1 LS $9,000.00 $9,000.00
7 Natural Gas Line plumbing and installation of YSAQMD approved gas tracking 1 LS $5,000.00 $5,000.00 8 Off-Gas Venting, including rooftop stacks 1 LS $20,000.00 $20,000.00 9 Commissioning: including system start-up, testing, and gas and water leak testing. 1 LS $8,500.00 $8,500.00 10 Training of designated City Staff in operations, maintenance, and control system 1 LS $5,000.00 $5,000.00 11 Warranty: One (1) year warranty upon City acceptance of work. 1 LS $5,000.00 $5,000.00 Total $278,500.00
150
151
152
153
154
City of West Sacramento
Finance
Roberta Raper, Director
1110 W Capitol Ave, West Sacramento, CA 95691
ADDENDA REPORT
Invitation to Bid - Recreation Center Pool Heater Replacement
ADDENDA REPORT
ITB No. 25-111-ITB
Recreation Center Pool Heater Replacement
RESPONSE DEADLINE: February 6, 2026 at 2:00 pm
Tuesday, February 24, 2026
Addenda Issued:
Addendum #1
Jan 23, 2026 8:51 PM
The project Scope of Work has been edited to reflect the selection of commercial pool grade condensing heaters with external titanium heat exchangers. The scope was also edited to specifically include the installation of new rooftop venting stacks.
A photo of the base of the existing rooftop vent stack has been provided as an attachment.
Please use the See What Changed link to view all the changes made by this addendum.
Attachments:
· Rooftop Vent - existing
Addendum #2
Jan 23, 2026 8:51 PM
The Cost Table has been updated to reflect the selection of commercial pool grade condensing heaters with external titanium heat exchangers. Edits have also been made to the cost table to include the installation of new rooftop vent stacks.
Please use the See What Changed link to view all the changes made by this addendum.
Addendum #3
Jan 23, 2026 8:51 PM
The equipment specifications for the Base Bid have been updated to a commercial pool grade heater, with an external titanium heat exchanger. The new equipment to be installed is the Aquas Pool Package model number APO1500N, rated at 1,500,000 Btu/hr for natural gas as a fuel. Product Brochure and Technical Summary are attached.
A revised Bid Packet is provided that includes the adjusted timeline and selected equipment identified above. This revised bid packet is required to be used for a responsive bid.
The Bid Alternate is no longer valid and will not be considered in the award of this project. 155
ADDENDA REPORT
ITB No. 25-111-ITB
Recreation Center Pool Heater Replacement
The timeline for the Question-and-Answer period as well as the Due Date have been adjusted to allow bidders more time to prepare their bids.
Please use the See What Changed link to view all the changes made by this addendum.
Attachments:
· Aquas Pool Package Brochure
· Aquas Pool Package Summary
· Construction Bid Packet - Rec Center Pool Heater Replacement - Revised Jan 23 2026 Addenda Acknowledgements:
Addendum #1
Proposal Confirmed Confirmed At Confirmed By
National Aquatic Services, Inc. X Feb 5, 2026 1:48 PM Sean Senior ACCO Engineered Systems, Inc. X Feb 6, 2026 8:12 AM Lawrence Duong Aqua Source LLC X Feb 4, 2026 11:11 AM Ron Ybarra
Addendum #2
Proposal Confirmed Confirmed At Confirmed By
National Aquatic Services, Inc. X Feb 5, 2026 1:48 PM Sean Senior ACCO Engineered Systems, Inc. X Feb 6, 2026 8:12 AM Lawrence Duong Aqua Source LLC X Feb 4, 2026 11:11 AM Ron Ybarra
Addendum #3
Proposal Confirmed Confirmed At Confirmed By
National Aquatic Services, Inc. X Feb 5, 2026 1:48 PM Sean Senior ACCO Engineered Systems, Inc. X Feb 6, 2026 8:13 AM Lawrence Duong Aqua Source LLC X Feb 4, 2026 11:11 AM Ron Ybarra
156
157
ACCO Engineered Systems, Inc.
CPC25-050 – Recreation Center Pool Heaters Replacement
Expires 30 Working Days
Updated 120424
CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Jai Chapal, Director of Capital Projects
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
I am aware of the provisions of Section 3700 of the Labor Code of the State of California which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Contractor)
By
(Business Address)
(Place of Residence)
158
Recreation Center Pool Heater Replacement Project
PART 2 GENERAL CONDITIONS
159
Recreation Center Pool Heater Replacement Project Page | 2-1 PART 3: GENERAL CONDITIONS
SECTION 1
DEFINITIONS AND TERMS
1.01. GENERAL
Wherever the following abbreviations and terms, or pronouns in place of them, are used in these Conditions and other Contract Documents of which these Conditions are a part, the intent and meaning shall be interpreted as provided below.
1.02. ABBREVIATIONS
The following abbreviations may be used in the Contract Documents:
AA Aluminum Association
AASHTO American Association of State Highway/Transportation Officials ABMA American Boiler Manufacturer’s Association
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers Association
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturer’s Association
AI The Asphalt Institute
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.
APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
ARA American Railway Association
AREA American Railway Engineering Association
ASCE American Society Civil Engineers
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers’ Association
AWS American Welding Society
AWWA American Water Works Association
BHMA Builders Hardware Manufacturers Association
CCMTC California Concrete Masonry Technical Committee
CRSI Concrete Reinforcement Steel Institute
ETL Electrical Testing Laboratory
FS Federal Specification
ICBO International Conference of Building Officials
IEEE The Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society
IPCEA Insulated Power Cable Engineers Association
160
Recreation Center Pool Heater Replacement Project Page | 2-2 JICS Joint Industry Conference Standards
MBMA Metal Building Manufacturer’s Association
MSS Manufacturers Standardization Society of the Valve and Fitting Industry Standards
NBFU National Board of Fire Underwriters
NBS National Building Standards
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Act of 1970
PCA Portland Cement Association
SMACNA Sheet Metal and Air Conditioning Contractor’s National Association SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction UBC Uniform Building Code
UL Underwriter’s Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
USAS The United States of America Standard Institute
USBR United States Bureau of Reclamation
USPHS United States Public Health Service
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
1.03. DEFINITIONS
The intent and meaning of the following, wherever they appear in the Contract Documents, shall be interpreted as follows:
Acceptance - The formal Acceptance by the Engineer of the entire Contract, which has been completed in all respects in accordance with the Specifications and any, approved modifications.
Addenda - Any written change, clarification or supplement to documents issued for bidding, issued by the City or its Engineer prior to bid.
As Approved - The words “as approved”, unless otherwise qualified, shall be understood to be followed by the words “by the Engineer”.
As Shown, and As Indicated - The words “as shown” and “as indicated” shall be understood to be followed by the words “on the Plans”.
Award - The decision of the City Council to accept the proposal of the lowest responsible Bidder for the Work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof and to such other conditions as may be specified or required by law.
Bid - The offer of the Bidder for the Work when made out and submitted on the prescribed Bid form, properly signed and guaranteed. A Bid is also known as a Proposal.
Bid Security - The cash, cashier’s check, certified check, or bidder’s bond accompanying the Bid submitted by the bidder, as a guarantee that the Bidder will enter into a Contract with the City for the performance of Work herein described.
161
Recreation Center Pool Heater Replacement Project Page | 2-3 Bidder - Any individual, firm, partnership or corporation submitting a Bid for the Work contemplated, and acting directly or through a duly authorized representative.
Bureau - United States Bureau of Reclamation.
Calendar Day - Each day shown on the calendar.
Change Order - Written order issued by the Engineer to the Contractor covering changes in the Contract and establishing the bases of compensation and time adjustments for work affected by the changes.
City - The City of West Sacramento, also referred to as the Owner.
City Council or Council - The City Council of the City of West Sacramento.
City Standard Details - The standard details contained in the City Standard Specifications as modified.
City Standard Specifications - 2002 edition of the City of West Sacramento Standard Specifications and Details as amended to date of Bid submittal.
Claim - A separate demand by the Contractor for (i) a time extension, (ii) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (iii) an amount the payment of which is disputed by the City.
Contract - The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Contract shall include all Contract Documents and supplemental agreements amending or extending the work contemplated which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the contract and include Addenda and change orders.
Contract Documents - Contract Documents is the collective term for all of the following documents and any other document incorporated therein by reference: Invitation to Bid, Accepted Bid (and all accompanying documents), Designation of Subcontractors, Construction Contract, Payment Bond to Accompany Contract, Performance Bond to Accompany Contract, General Conditions, Supplementary and Special Conditions, (if any), Drawings (and Specifications), Addenda, Change Orders, City of West Sacramento Standard Specifications, State of California Department of Transportation (Caltrans) Standard Specifications 2015, Contractor’s Certification Regarding Workers’ Compensation.
Contractor - The person or persons, firm, partnership or corporation or other entity who has entered into the Contract with the City to perform the Work.
County - County of Yolo, California.
Date of Completion - Date of filing of the Notice of Completion with the Yolo County ClerkRecorder’s Office.
Date of Execution of the Contract - The date on which the Contract is signed by the City’s authorized representative.
162
Recreation Center Pool Heater Replacement Project Page | 2-4 Datum - The Figures given in the Specifications or upon the drawings after the word “Elevation” or an abbreviation of it, shall mean U.S.G.S. datum, unless otherwise noted.
Days - Unless otherwise designated, days as used in the Contract Documents shall mean calendar days.
Elevation - The figures given on the Plans or in the other Contract Documents after the word “elevation” or abbreviation of it shall mean the distance in feet above the standard datum used by the City.
Engineer - The City Engineer, or the person designated by the City as its engineering representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.
Extra Work - Work other than that required either expressly or implied by the Contract in its executed form.
Notice of Completion - notice of completion is the recorded project completion document filed with the Yolo County Clerk.
Or Equal - The term “or equal” shall be understood to indicate that the “equal” product be the equivalent or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer.
Plans or Specification Drawings - The term “Plans” or “Specification Drawings” refers to the official plans, profiles, cross sections, elevations, details, and other Working Drawings and supplementary drawings, or reproductions thereof, signed by the Engineer, which show the location, character, dimensions, and details of the work to be performed. Plans may either be bound in the same book as the balance of the Contract Documents or bound in separate sets.
Regardless of the method of binding, Plans shall be part of the Contract Documents.
Plant - All physical, resources, facilities, machinery, equipment, staging, tools, work and storage space other than provided by the Contract, together with subsidiary essentials and necessary maintenance for proper construction and acceptable completion of the project.
Project - The entire Work to be completed under the Contract.
Project Manager - The person designated by the City as its project management representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. The Project Manager will be the City Engineer unless the City designates a separate Project Manager.
When a Project Manager is used for a project, the Project Manager has full authority to act as the City Engineer unless the designation specifically states otherwise.
Shop Drawings - Drawings prepared by the fabricator or supplier showing the layout and details of components fabricated in a shop for inclusion in the permanent facility (e.g., structural steel, reinforcing steel, railings).
Site - The area upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated by the Engineer. 163
Recreation Center Pool Heater Replacement Project Page | 2-5 Specifications - The term “specifications” refers to the terms, provisions, and requirements contained herein. Where reference specifications, such as those of “ASTM”, “AASHTO”, etc. have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents.
State - State of California.
State Standard Specifications - Standard Specifications issued by the State of California Department of Transportation, dated 2015, and as amended Bid in the supplemental conditions.
Subcontractor - The term “Subcontractor”, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked and would be considered a supplier only.
Supplementary & Special Conditions Provisions - Additions, revisions, special directions, and requirements peculiar to a project and not otherwise thoroughly set forth in General and/or Specifications.
Time Limits - All time limits stated in the Contract Documents are of the essence of the Contract.
Work - All the work specified, indicated, shown or contemplated in the Contract Documents to construct the improvements, including all alterations, amendments or extensions thereto made by Change Order or other written orders of the Engineer.
Working Days - A Working day is defined as any day, except Saturdays, Sundays and legal holidays of the City.
Working Drawings - Drawings furnished by the Contractor showing the layout and details of temporary construction procedures and methods of construction, and data for construction equipment which are to be employed in the construction of the permanent facility (e.g., form drawings, erection drawings, load test pile procedures, pile hammer data, etc.).
Written Notice - “Written Notice” shall be deemed to have been duly served when 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 certified U.S. mail to the last business address known to the party who gives the notice as specified in the Contract.
Whenever in the Specifications or upon the drawings the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Engineer is intended, and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import, shall mean approved or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.
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Recreation Center Pool Heater Replacement Project Page | 2-6 SECTION 2
SCOPE OF WORK
2.01. INTENT OF CONTRACT DOCUMENTS
The intent of the Contract Documents is to prescribe the details for the construction and completion of the Work, which the Contractor undertakes to perform in accordance with the terms of the Contract. These General Conditions are meant to replace Division I of the State Standard Specifications for all City public works contracts which incorporate these General Conditions by reference.
Where the Specifications and Plans describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the Work involved in performing the Contract in a satisfactory and workmanlike manner.
The technical provisions are presented in sections for convenience. However, this presentation does not necessarily delineate trades or limits of responsibility. All sections of the Specifications and Plans are interdependent and applicable to the Project as a whole.
The Contract Documents are complementary, and what is called for in any one shall be as binding as if called for in all. Anything shown on the Drawings and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Drawings shall have the same effect as if shown or mentioned respectively in both. Any work shown on one Drawing shall be construed to be shown in all Drawings and the Contractor will coordinate the Work and the Drawings.
If any portion of the Contract Documents shall be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: Change Orders; Addenda; Shop Drawings, Drawings, Supplementary and Special Conditions; Designation of Subcontractors; Construction Contract; General Conditions; City of West Sacramento Standard Specifications; State of California Department of Transportation (Caltrans) Standard Specifications 2015.
Detail Drawings take precedence over General Drawings. As between schedules and other information given on Drawings, the Schedules shall govern. If an item is shown on any Drawing and not specifically included in Technical Specifications specific to this project, the Drawing shall govern. Any conflict or inconsistency between or in the drawings shall be submitted to the Engineer for clarification as soon as the Contractor becomes aware of such inconsistency.
2.02. CONTRACTOR’S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.
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2.03. CHANGES IN THE WORK
(a) The City may, at any time, by written order, make changes in the Work as deemed necessary by the Engineer. Such changes include, but are not limited to:
(1) In the Specifications or Plans;
(2) In the sequence, method or manner of performance of the Work; (3) In the owner-furnished facilities, equipment, materials, services or site; and (4) Directing acceleration of the Work.
(b) If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment will be made and the Contract modified in writing accordingly.
(1) Change Orders
A change pursuant to this section will be in the form of a Change Order, which will set forth the work to be done or the method by which the change and cost adjustment, if any, will be determined, and the time of completion of the work.
Upon receipt of a Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Change Order. A Change Order executed by the Contractor and approved by the Engineer is an executed Change Order as that term is used throughout this section.
(2) Change Order Protests
A Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) days after the receipt of such Change Order. The protest shall state the points of disagreement and, if possible, the quantities and cost involved.
If a written protest is not submitted, payment will be made as set forth in the Change Order. Such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested Change Orders shall be considered as executed Change Orders.
Where the protest concerning a Change Order relates to compensation, the compensation payable for all work specified or required by said Change Order to which such protest relates will be determined in the same manner as provided in Section 2.04 of this section. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a Change Order relates to the adjustment of time and for completion of the Work, the time to be allowed therefor will be determined as provided in this section.
The consent of the Contractor’s sureties shall not be required as to any change or Extra Work, and the liability of the Contractor’s Bonds shall be increased or decreased accordingly without notice to the sureties.
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2.04. PROCEDURES AND ALLOWABLE COSTS ON CHANGES AND ADDITIONS TO WORK
(a) Forms of Payment
If the change in, or addition to, the Work will result in an increase in the contract sum, the City shall have the right to require the performance thereof. The compensation to be paid for any such work shall, in the City’s sole discretion, be determined in one or more of the following ways:
(1) By extension of agreed unit prices, if unit prices are required by the City’s Bid form and provided with Contractor ‘s bid;
(2) By revision of unit prices;
(3) By proposal and Acceptance of an agreed upon lump sum; and (4) On a force account basis.
Until one of the above methods is agreed on, or if the Work is to be paid for on a time and materials basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work.
(b) Lump Sum Payment
The City, in its sole and absolute discretion, may request a lump sum proposal by Contractor to perform the change in, or addition to, the Work performed. Such lump sum proposal shall be submitted by the Contractor within ten (10) days of the City’s request therefor.
Request for a lump sum proposal by City shall not be deemed an election by City to have the Work performed on a lump sum basis. Costs of preparing the proposal shall not be compensable.
(1) Contents of Lump Sum Proposal
(2) The Contractor’s proposal shall be itemized and segregated by labor and materials for the various components of the change (no aggregate labor total will be acceptable). The proposal shall be accompanied by signed proposals of any Subcontractors, which will perform any portion of the change, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor’s estimate of the time required to perform said changes or additional work. (3) Computation of Labor Costs
The portion of the proposal relating to labor, whether by the Contractor’s forces or the forces of any of its Subcontractors, may include the projected wages of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work.
These projected wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics.
Labor costs may also include Contractor’s overhead and profit which shall be computed by adding to the labor costs either up to fifteen percent (15%) of the projected wages, but not payroll costs, or the labor surcharge set forth in the California Department of 167
Recreation Center Pool Heater Replacement Project Page | 2-9 Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The method of computing the overhead and profit shall be solely within the discretion of the City.
The labor surcharge, if used, shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined above. No time or charges will be allowed except when the workers are actually engaged in the proper, efficient and diligent performance or completion of the extra work as authorized. Overtime shall not be worked without prior approval of the Engineer.
(4) Computation of Equipment and Materials Costs
The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the Contractor or to any of its Subcontractors of materials to be purchased for incorporation in the change in the Work. This portion of the proposal may also include transportation and applicable sales or use taxes. Up to fifteen percent (15%) of these direct costs may be included as overhead and profit for the Contractor or any such Subcontractor (such overhead and profit to include all small tools).
This portion of the proposal may further include the Contractor’s and any of its Subcontractors’ reasonably anticipated costs for the rental and operation of prime construction and automotive equipment furnished and used in connection with the change in the Work. The equipment rental and operation rates used shall be the latest edition of the Department of Transportation, Division of Construction, Equipment Rental Rates. These costs shall not include charges for listed equipment or major tools with a new cost of five hundred dollars ($500.00) or less. No time charges shall be allowed except for equipment actually used for the proper and efficient performance or completion of the authorized change in the Work. (5) Subcontractors
The lump sum proposal may include up to five percent (5%) of the amount, which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor.
(6) Failure to Submit Lump Sum Proposal
In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor.
(7) Failure to Agree on Lump Sum Amount
In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor’s proposal and the Engineer and City do not elect to have the change in the Work performed on a time and material basis, the Engineer and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon their own estimates, the Contractor’s submission or combination thereof. In such instances, a Change Order shall be issued for the amount of costs and time determined by the Engineer and the City and shall become binding upon the Contractor unless the Contractor submits its protest in writing to the City within thirty (30) days of the issuance of the Change Order. The City has the right to direct 168
Recreation Center Pool Heater Replacement Project Page | 2-10 the Contractor in writing to perform the change in the Work, which is the subject of the Change Order. Failure of the parties to reach agreement regarding the costs and time of performing the change in the Work and/or any pending protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously.
(c) Payment by Unit Prices
If any of the items included in the lump sum proposal are covered by unit prices contained in the contract document, the City may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices. (d) Payment on a Force Account Basis
If the City elects to have the change or addition to the Work performed on a force account basis, the Work shall be performed, whether by the Contractor’s forces or the forces of any of its Subcontractors or Sub-Subcontractors, and payment shall be made subject to the following provision. The Contractor will be paid the direct costs of the labor, equipment and materials used in performing the force account work determined as hereinafter provided. (1) For labor, the Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer or Project Manager) used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor or any or any Subcontractor of any tier, shall be actual wages, including basic hourly wage, health and welfare payments and pension payments incurred in performing the force account work, plus any travel and subsistence payments for the workers performing such work and made necessary thereby. To the actual wages shall be added a labor surcharge as set forth in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, as in effect on the date the work is performed. The labor surcharge shall be deemed to encompass the City’s entire liability to reimburse the Contractor for workers compensation insurance payments, social security payments, Medicare payments, federal unemployment insurance payments, state unemployment insurance payments and state training taxes, made necessary by the force account work.
(2) For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications applicable to loading, transporting and unloading equipment for force account work, as applicable as of the date the equipment is loaded, transported or unloaded. (3) For materials used in the work, the City will pay for materials furnished by the Contractor and necessarily used in the force account work. Prior to markups as set forth below, the amount paid shall be the price paid by the actual purchaser to the actual supplier plus any necessary actual costs of handling the materials. 169
Recreation Center Pool Heater Replacement Project Page | 2-11 Contractor may add fifteen percent (15%) to the total labor, equipment and material charges as the total overhead and profit to the entity or entities actually performing the force account work. If the entity or entities actually performing the work are Subcontractors or Sub-Subcontractors, the Contractor shall be allowed five percent (5%) of the total charge of the performing entity or entities (including mark- up) as Contractor’s mark-up. No other mark-ups shall be allowed hereunder.
The Contractor shall submit to the City daily work and material tickets, to include the identification number assigned to the change in the Work, the location and description of the change in the Work, the classification of labor employed (and names and social security numbers), hours expended, the material used, the equipment rented (not tools) and such other evidence of cost as the City may require. The City may require authentication of all time and material tickets and invoices by persons designated by the City for such purpose. The failure of the Contractor to secure any required authentication shall, if the City elects to treat it as such, constitute a waiver by the Contractor of any claim for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice by the City shall not constitute an acknowledgment by the City that the items thereon were reasonably required for the Change in the Work. (e) Limitations on Changes
The Contractor shall not be entitled to any amount for indirect costs, damages or expenses of any nature, including, but not limited to, so-called “impact” costs, labor inefficiency, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of this section, and which the Contractor, its Subcontractors and Sub-Subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this section. It is understood and agreed that the Contractor’s sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents.
It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted.
The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.20 to audit Contractor’s as-Bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor’s as-Bid profit shall be reduced pro rata according to the proportion of the original contract value less as-Bid profit, represented by the work deleted.
The City reserves the right to contract with any person or firm other than the Contractor for any or all Extra Work.
2.05. UNILATERAL CHANGE IN OR ADDITION TO THE WORK
Notwithstanding the above, the City, directly or through the Engineer, may direct the Contractor in writing to perform changes in or additions to the scope of the Contract. The Contractor shall perform such work and the parties shall proceed pursuant to the provisions of Section 2.04.
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2.06. DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
(a) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25110.02 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; or (b) Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents; or
(c) Unknown conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
The Engineer shall thereupon promptly investigate the conditions. If the Engineer finds that they do involve hazardous waste, or do materially differ and cause an decrease or increase in the Contractor’s cost or time of performance, the Engineer will issue a change order as appropriate. Any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided in Section 2.04 for adjustments as to extra and/or additional work and changes. In the event that a dispute arises between the City and the Contractor, whether the conditions materially differ, or involve hazardous waste, or cause and decrease or increase the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided by the Contract, but shall proceed with all work to be performed under the Contract, the procedures applicable to claims for extra costs shall then apply.
2.07. CLAIMS FOR EXTRA COSTS
(a) Notice of Potential Claims
(1) It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified.
Compliance with this section, however, shall not be a prerequisite as to matters within the scope of the protest provisions in Section 2.03.
The written notice of potential claims shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required shall be given to the Engineer prior to the time that the Contractor commences performance of the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within ten (10) days after the happening of the event, thing or occurrence giving rise to the potential claim. (b) Construction Dispute
(1) The Contractor may submit a dispute to the Engineer concerning any matter for which a protest under Section 2.03, or a notice of potential claim, is filed. Such disputes, or potential claims, shall be submitted to the Engineer within sixty (60) days following the submission of said protest or notice, unless, due to the nature of the dispute or the uncompleted state of the Work, it is impracticable to determine the amount or the extent of the 171
Recreation Center Pool Heater Replacement Project Page | 2-13 claim within such period. In such cases, disputes shall be submitted at the earliest practicable time in which such a determination can be made. In any event, all disputes shall be filed on or before the date of the final release by the Contractor as provided for in Section 7.09. (2) All disputes shall be in writing and shall set forth clearly and in detail, for each item of additional compensation requested, the reasons for the dispute, reference to applicable provisions of the Specifications, the nature and the amount of the cost involved, the computations used in determining such costs, all pertinent factual data and all the documents necessary to substantiate the dispute. The Contractor shall maintain complete and accurate records of the cost or any portion of the Work for which additional compensation is claimed, and shall provide the Engineer with copies thereof, as required. The Engineer shall provide a written decision to the dispute or potential claim as soon as practicable but not later than 30 days following receipt thereof.
(c) Resolution of Construction Claims
(1) To the extent that the Contractor disputes the Engineer’s Written Decision issued pursuant to Section 4.07(b)(2), or to the extent the Engineer fails to issue a timely written decision, the Contractor may file a written claim, as defined by Public Contract Code section 9204(c)(1), with the City including reasonable documentation to support the claim. Upon receipt of the claim, the City shall conduct a reasonable review of the claim, and within a period not to exceed 45 days, the City shall provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. The time in which the City must provide a written statement may be extended by mutual agreement of the parties as specified by Public Contract Code section 9204(d)(1)(C). The City shall pay any undisputed portion of the claim within 60 days after issuance of its written statement. (2) Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code section 12650, et. seq., the undersigned,
(Name)
(Title
(Company
hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.
Dated:
/s/
Subscribed and sworn before me this _____ day
of
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Notary Public
My commission expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of any independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.
Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. (3) Meet And Confer Regarding Unresolved Claims. If the Contractor disputes the City’s written statement issued pursuant to Section 4.07(c)(1) or if the City fails to issue a timely written response, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. Within 10 business days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. The City shall pay any undisputed portion of the claim within 60 days after it issues its written statement. (4) Mediation. If the Contractor disputes, in writing, any portion of the City’s written statement as issued under Section 4.07(c)(3), the disputed items shall be submitted to nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation. (5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety. Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at 7 percent per annum.
(6) Subcontractor Claims. If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of the Subcontractor or lower tier Subcontractor pursuant to Public Contract Code section 9204(d)(5).
2.08. CIVIL ACTION PROCEDURES
(a) Alternative Dispute Resolution of Claims of $375,000.00 or Less. (1) Claims Less Than $375,000.00. Notwithstanding any other provision herein but after compliance with the provisions of Public Contract Code section 9204 as set forth in Section 4.07, claims of $375,000.00 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contract Code section 20104 et seq. “Claim” 173
Recreation Center Pool Heater Replacement Project Page | 2-15 for this purpose means a separate demand by the Contractor for a time extension, payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, for which payment is expressly provided, or the Contractor is otherwise entitled to, or an amount the payment of which is disputed by the City. (2) Submission of Claims Less than $375,000.00. The Contractor shall submit its claim of $375,000.00 or less to the City in writing, within the time frames established under paragraph 4.07, but no later than before the final payment is made. The City shall respond within the time provided by statute. If the Contractor disagrees with the response or the City fails to respond within the time permitted, the Contractor shall notify the City of the disagreement in writing within fifteen (15) days from the date of the response or expiration of the time permitted to respond and demand a meet-and-confer conference. The City shall schedule a meet-and-confer conference within thirty (30) days of the demand. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. If not resolved at the meet-and-confer conference, the Contractor may initiate a civil action as set forth in Public Contract Code section 20104 et seq., including but not limited to compliance with applicable Government Code provisions.
(3) Time Limits Not Extended. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this Contract for filing claims by the Contractor.
(b) Alternative Dispute Resolution of Claims in Excess of $375,000.00.
As a condition precedent to the initiation of litigation, disputes in excess of a total value of $375,000.00 shall first be submitted to the claims procedures set forth in Sections 4.06 and
4.07. 2.09. GUARANTEE
(a) In addition to warranties, representations and guarantees stated elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace the same at its sole cost and expense, and to the satisfaction of the Engineer, any and all materials which may be defective or improperly installed.
(b) The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work, which may be damaged or displaced in so doing. (c) In the event of failure to comply with the above stated conditions within a reasonable time, the City is authorized to have the defect repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand, including any reasonable management and administrative costs, and engineering, legal and other consultant fees incurred to enforce this section. (d) The signing of the Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect for a period of one (1) year after final Acceptance of the Work by the City.
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CONTROL OF WORK
3.01. AUTHORITY OF ENGINEER
(a) The Engineer is the representative of the City and has full authority to interpret the Contract Documents, to conduct the construction review and inspection of the Contractor’s performance, and to decide questions, which arise during the course of the Work and the Engineer’s decisions on these matters, shall be final and conclusive. The Engineer has the authority to reject all work and materials, which do not conform to the Contract Documents, and has the authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Engineer’s failure to stop the Work shall not obligate the City to accept defective or otherwise unacceptable work or otherwise affect the Engineer’s or City’s authority to reject work for any reason set forth in the Contract Documents. (b) If at any time the Contractor’s work force, tools, plant or equipment appear to the Engineer to be insufficient or inappropriate to secure the required quality of work or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, improve their character, to augment their number or to substitute other personnel, new or additional tools, plant or equipment, as the case may be, and the Contractor shall comply with such order.
Neither the failure of the Engineer to demand such increase of efficiency, number, or improvement, nor the compliance by the Contractor with the demand, shall relieve the Contractor of its obligation to provide quality work at the rate of progress necessary to complete the Work within the specified time.
(c) The Engineer may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time. These may be accomplished by a Field Order. Contractor shall comply promptly with all Field Orders. If the Engineer and Contractor are unable to agree on entitlement or on the amount or extent, if any, of any adjustment in the Contract Price or Contract time, or cost, as a result of a Field Order, a claim may be made therefor pursuant to Section 2.07. (d) Any order given by the Engineer, not otherwise required by the Contract Documents to be in writing shall, on request of the Contractor, be given or confirmed by the Engineer in writing.
(e) Whenever work, methods of procedure, or any other matters are made subject to direction or approval, such direction or approval will be given by the Engineer.
3.02. DRAWINGS
(a) Drawings furnished herewith are for bidding purposes. The Engineer will furnish the Contractor, free of charge, copies of full size Drawings which are reasonably necessary for the execution of the Work. The Contractor shall have no claim for excusable delay on account of the failure of the Engineer to deliver such Drawings, unless the Engineer shall have failed to deliver the same within two weeks after receipt of written demand therefore from the Contractor.
The Contractor shall keep one copy of said Drawings, in good order, available to the Engineer and the Engineer’s representatives, and convenient to the working site. (b) If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, 175
Recreation Center Pool Heater Replacement Project Page | 2-17 or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer in writing, and the Engineer will promptly verify the same.
Any work done after such discovery, until authorized, will be done at the Contractor’s risk. All Drawings, Specifications, and copies thereof furnished by the Engineer are the property of the Engineer and shall not be reused on other work and, with the exception of the signed Contract sets, are to be returned to the Engineer, on request, at the completion of the Work. All models are the property of the City.
(c) The Drawings shall be supplemented by such Shop Drawings prepared by the fabricator and/or supplier and Working Drawings prepared by the Contractor as are necessary to adequately control the Work. No changes shall be made by the Contractor in any Shop or Working Drawings after they have been reviewed by the Engineer, if the Engineer deems that no further submittals are necessary. The Contractor shall not commence the layout, purchase, fabrication, or construction of any work for which Shop or Working Drawings are required until Engineer has reviewed the specifications and drawings and has indicated in writing no further submittals are required for compliance with the Contract Documents. (d) Shop and Working Drawings for any structure shall include, but not be limited to, detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc., which shall be reviewed and accepted by the Engineer before any such work is performed.
(e) Shop and Working Drawings will be required for cribs, cofferdams, falsework, centering and form work and for other temporary work and methods of construction the Contractor proposes to use. Such Drawings shall be subject to the review and Acceptance of the Engineer insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for the successful construction of the Work.
(f) Contractor agrees that Shop and/or Working Drawings processed by the Engineer are not Change Orders; that the purpose of these Drawings submitted by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that the Contractor demonstrates its understanding by indicating which equipment and material the Contractor intends to furnish and by detailing the fabrication methods it intends to use. It is expressly understood, however, that favorable review of the Contractor’s Shop and Working Drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of its Drawings with the Specifications. Contractor further agrees that if deviations, discrepancies or conflicts between Shop and/or Working Drawings and Specifications are discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
(g) Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
(h) Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefore. Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor. 176
Recreation Center Pool Heater Replacement Project Page | 2-18 (i) All reasonable effort has been made to locate and delineate all known structures and facilities on the plans. Except as otherwise provided herein, the City of West Sacramento shall assume no responsibility for the completeness or accuracy of its delineation of underground utilities nor the existence of other buried objects which may be encountered, or which are not shown on the plans.
(j) The Contractor shall keep and maintain a clean set of plans for the project and shall record in red ink all changes, revisions, etc. made during the course of construction. These plans shall include all changes, revisions, etc. from the original plan complete with the exact sizes, locations, dimensions, elevations, etc. These plans shall be kept and maintained in a neat, clean and legible condition and shall be available for inspection at all times by the Engineer. The Contractor shall deliver these completed plans to the Engineer and the Engineer shall approve these plans prior to final Acceptance of the project by the City.
3.03. CONSTRUCTION STAKING AND SURVEYS
The City will provide one set of construction stakes and benchmarks as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract. The Contractor shall notify the Engineer a minimum of seven (7) days in advance of the time work is to begin on any portion of the project that may require construction staking to be provided by the City. The Contractor shall make all other surveys necessary for the completion of the Work.
Alternatively, the Engineer may provide the Contractor with drawings showing benchmarks and reference points as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract Documents. The Contractor shall make or furnish all surveys and set all construction stakes necessary for the completion of the work.
Stakes and marks set by the City or Engineer shall be carefully preserved by the Contractor. The Contractor shall be charged for the cost of replacing or restoring the stakes and marks, which are destroyed or damaged by Contractor’s operation. This charge will be deducted from any monies due or to become due to the Contractor under the Contract.
3.04. PERMITS AND REGULATIONS
Permits and licenses, of a temporary nature, necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified.
The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as shown on the plans and described in the Specifications. Contractor shall promptly notify the Engineer in writing of any specification at variance therewith. In such instances, any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom.
3.05. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on Contract Documents. Although measurement, sampling, and testing may be considered evidence as to such conformity, the 177
Recreation Center Pool Heater Replacement Project Page | 2-19 Engineer shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. The Engineer’s decision as to any allowable deviations therefrom shall be final and conclusive.
3.06. COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS (a) Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Specifications and Plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Specifications and Plans, reference shall be made to the Engineer, whose decision thereon shall be final and conclusive.
(b) Any reference made in the Specifications and Plans to any specification, standard, method, or publication of any scientific or technical society or other organization shall, in the absence of a specific designation to the contrary, be understood to refer to the specification, standard, method, or publication in effect as of the date that the Work is advertised for Bids.
3.07. SUBCONTRACTORS
(a) The attention of the Contractor is directed to the provisions of California Public Contract Code sections 4100-4113 regarding subcontracting and said provisions are by this reference incorporated herein and made a part hereof.
(b) Each subcontract shall contain a suitable provision for the suspension or termination thereof should the Work be suspended or terminated or should the Subcontractor neglect or fail to conform to every provision of the Contract Documents insofar as such provisions are relevant. The Contractor shall be fully responsible to the City for the acts or omissions of the Contractor’s Subcontractors and of the persons either directly or indirectly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the City. If a legal action, including arbitration and litigation, against the City is initiated by a Subcontractor or Supplier, the Contractor shall reimburse the City for the amount of legal, engineering and all other expenses incurred by the City in defending itself in said action. (c) The City and the Engineer reserve the right to approve all Subcontractors.
Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the list of Subcontractors which is submitted with the Contractor’s proposal will be deemed to be acceptable. Contractor shall not, without the written consent of the City, subcontract the whole of the Work.
3.08. COOPERATION OF CONTRACTORS
(a) Should construction be under way by other forces or by other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserve d to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. 178
Recreation Center Pool Heater Replacement Project Page | 2-20 (b) When two or more contractors are employed on related or adjacent work, each shall conduct its operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.
3.09. SUPERINTENDENCE
(a) The Contractor shall designate in writing, before starting work, an individual as authorized representative who shall have the authority to represent and act for the Contractor.
This authorized representative shall be present at the Site of the Work at all times while work is actually in progress on the Contract. When the Work is not in progress and during periods when the Work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work, which may be required.
(b) The Contractor is solely responsible, at all times, for the superintendence of the Work and for its safety and progress.
(c) Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. (d) Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.
3.10. INSPECTION OF WORK
(a) Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the Work and determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be required to make comprehensive or continuous inspections to check the quality of the Work. The Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of Contractor’s obligation to conduct comprehensive inspections of the Work and to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
(b) Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the federal, state, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
(c) One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor’s obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment 179
Recreation Center Pool Heater Replacement Project Page | 2-21 and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract.
(d) The Engineer and the Engineer’s representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically 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 City, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply.
(e) Work performed without inspection may be required to be removed and replaced under proper inspection. In such instances, the entire cost of removal and replacing, including the cost of City-furnished materials used in the Work, shall be borne by the Contractor, regardless of whether or not the Work exposed is found to be defective. Examination of questioned work, other than that installed without inspection, 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 will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost, unless the Contractor can show that the defect in the Work was caused by another Contractor , and in that event the City will pay such costs. (f) The inspection of the Work shall not relieve the Contractor of the Contractor’s obligation to fulfill the Contract as herein prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be made good and unusable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the Work or any part thereof shall be found defective, the Contractor shall, within ten (10) calendar days, make good such defect in a manner satisfactory to the Engineer. If the Contractor fails to make ordered repairs of defective work or to remove the condemned materials from the Work within ten (10) calendar days after written direction by the Engineer, the City may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
(g) The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests.
Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. (h) Where any part of the Work is being done under an encroachment permit or building permit, or is subject to federal, state, county or city codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
(i) The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer’s authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. 180
Recreation Center Pool Heater Replacement Project Page | 2-22 Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply.
3.11. TESTS
The Contractor shall perform, at the Contractor’s own expense, all tests specified or required by the Specifications. The Engineer may perform such tests as the Engineer deems necessary to determine the quality of work or compliance with Contract Documents. The Contractor shall furnish promptly without additional charge all facilities, labor, and material reasonably required for performing safe and convenient tests as may be required by the Engineer. All tests by the Engineer will be performed in such a manner as will not unnecessarily delay the Work. The Contractor shall not be required to reimburse the City for tests performed by the City or Engineer. If samples of materials are submitted which fail to pass the specified tests, the Contractor shall pay for all subsequent tests.
3.12. REMOVAL OF REJECTED AND UNAUTHORIZED WORK AND MATERIALS (a) All work or materials, which have been rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation shall be allowed the Contractor for such removal, replacement, or remedial work. (b) Any work done beyond the lines and grades shown on the plans or established by the Engineer or any Extra Work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed, or replaced at the Contractor’s expense. (c) Upon failure of the Contractor to comply with any order of the Engineer made under this section, the City may cause rejected or unauthorized work to be remedied, removed, or replaced, and may deduct the costs therefore from any monies due or to become due the Contractor.
3.13. DEDUCTIONS FOR UNCORRECTED WORK
If the Engineer deems it inexpedient to correct work damaged or not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore, and such sum may be withheld by the City from Contractor’s payment.
3.14. EQUIPMENT AND PLANTS
(a) Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
(b) Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the Work to completion within the time limit.
(c) The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall remove unsuitable equipment from the Work and discontinue the operation of unsatisfactory plants. Contractor shall, upon request of the Engineer, submit one or more lists identifying, by make, model number, Contractor ‘s identification number and empty gross weight, each piece of operable equipment used for the Work. Contractor shall, upon request of the Engineer, submit documentation establishing that any measuring device used for the Work has been tested and properly approved under California Test 109.
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Recreation Center Pool Heater Replacement Project Page | 2-23 (d) In the case of termination of this Contract before its completion for any cause whatsoever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of its equipment and supplies from the property of the City. If the Contractor fails to do so, the City shall have the right to remove such equipment and supplies at the expense of the Contractor.
3.15. CHARACTER OF WORKER
If any Subcontractor, or person employed by the Contractor or any Subcontractor fails or refuses to carry out the directions of the Engineer or appears to the Engineer to be incompetent or to act in a disorderly or improper manner, said person shall be removed from the Project immediately on the requisition of the Engineer. That person shall not again be employed on the Work. Such discharge shall not be the basis for any claim for compensation or damages against the City, or any of its officers or agents.
3.16. SEPARATE CONTRACTS
(a) The City reserves the right to let other contracts in connection with this Work.
The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate Contractor’s work with the other Contractor ‘s work. (b) If any part of the Contractor’s work depends on proper execution or results upon the Work of any other Contractor , the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. The Contractor’s failure to inspect and report shall constitute an Acceptance of the other Contractor ‘s work as fit and proper for the reception of the Contractor’s work, except as to defects which may develop in the other Contractor ‘s work after the execution of the Contractor’s work.
(c) To insure the proper execution of Contractor’s subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the Drawings.
3.17. ASSIGNMENT
The Contractor shall not assign the Contract or sublet it as a whole or in part without the written consent of the City, nor shall the Contractor assign any monies due, or to become due to the Contractor hereafter without the prior written consent of the City.
3.18. USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY
EQUIPMENT OR FACILITIES
(a) The City may, at any time, and from time to time, during the performance of the Work, enter the Work Site for the purpose of installing any necessary work by City labor or other contracts, and for other purpose in connection with the installation of facilities. In doing so, the City shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other work being done by or on behalf of the City.
(b) If, prior to completion and final Acceptance of all the Work, the City takes possession of any structure or facility (whether completed or otherwise) comprising a portion of the Work with the intent to retain possession thereof (as distinguished from temporary possession contemplating the return to the Contractor), then, while the City is in possession of the same, the Contractor shall be relieved of liability for loss or damage to such structure other 182
Recreation Center Pool Heater Replacement Project Page | 2-24 than that resulting from the Contractor’s fault or negligence. Such taking of possession by the City shall not relieve the Contractor from any provisions of this Contract regarding such structure, other than to the extent specified in the preceding sentence, nor shall such taking constitute a final Acceptance of such structure or facility. (c) If, following installation of any equipment or facilities furnished by the Contractor, defects requiring correction by the Contractor are found, the City shall have the right to operate such unsatisfactory equipment or facilities and make reasonable use thereof until the equipment or facilities can be shut down for correction of defects without injury to the City.
3.19. LANDS FOR WORK, RIGHT-OF-WAY CONSTRUCTION ROADS
(a) The City will provide the lands, easements, right-of-way, and/or encroachment permits necessary or other rights to enter and work on lands necessary for the performance of the Work. Other permits and licenses are addressed by Section 3.04. Should the Contractor find it advantageous to use any additional land for any purpose whatever, the Contractor shall provide for the use of such land at its expense. The Engineer shall be furnished with a copy of written agreements or otherwise be notified in writing of additional working space which is acquired. Nothing herein contained and nothing marked on the Plans shall be interpreted as giving the Contractor exclusive occupancy of the territory provided by the City. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer shall decide which Contractor shall cease work, and which shall continue, or whether the work on both contracts shall progress at the same time and in what manner, and the decision of the Engineer shall be final and binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the Contractor so desiring, to the extent, amount, in the manner, and at the time permitted. No such decision as to the method or time of conducting the Work or the use of territory shall be the basis of any claim for delay or damage.
(b) Lands, easements or rights-of-way to be furnished by the City for construction operations will be specifically shown on the Plans.
(c) The Contractor shall construct and maintain all roads necessary to reach the various parts of the Work and for the transportation thereto of construction material and personnel. The cost of constructing and maintaining such roads shall be borne by the Contractor.
3.20. CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS (a) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
(1) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs; (2) In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract; (3) To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor’s efficiency or effectiveness under this 183
Recreation Center Pool Heater Replacement Project Page | 2-25 Contract or in connection with extras, changes, claims, additions, backcharges, or others, as may be provided for in this Contract;
(4) If it becomes necessary to determine the City’s rights and the Contractor’s obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City; (5) To determine any difference in cost occasioned by a permissible substitution;
(6) And/or for any other reason in the City’s sole judgment. (b) Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor’s books and records. The City’s audit rights shall be liberally construed in the City’s favor.
(c) The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder.
(d) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City’s option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City’s control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City’s audit produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract. (e) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City’s right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City’s audit or upon the termination of audit rights under subparagraph 3.20(f), whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
(f) The City’s right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this “Right to Audit and Preservation of Records” clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure the City’s rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney’s fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City 184
Recreation Center Pool Heater Replacement Project Page | 2-26 from said persons under this clause. Such audit may be conducted by the City or its authorized representative.
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Recreation Center Pool Heater Replacement Project Page | 2-27 SECTION 4
CONTROL OF MATERIALS
4.01. MATERIALS
(a) Unless otherwise specifically stated in the Specifications, the Contractor shall furnish all materials necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new and shall be manufactured, handled, and installed in a workmanlike manner to insure completion of the Work in accordance with the Contract Documents. The Contractor shall, upon request of the Engineer, furnish satisfactory evidence as to the kind and quality of materials.
(b) Where materials are to be furnished by the City, the type, size, quantity and location at which they are available will be stated in the Contract Documents. (c) Manufacturers’ warranties, guarantees, instruction sheets and parts listed, which are furnished with certain articles or materials incorporated in the Work, shall be delivered to the Engineer before Acceptance of the Contract.
4.02. STORAGE OF MATERIALS
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.
4.03. TRADE NAMES AND ALTERNATIVES
Whenever a material, article, system or sub-system is specified or described by using the name and/or model of a proprietary product or trademark or the name of the manufacturer or vendor, the specified item shall establish the type, function, and quality required. It shall be understood that the words “or approved equivalent” are implied whether or not they follow the proprietary enumeration.
The City reserves the right to determine when proprietary items have no equivalency, and when uniformity of operations, interchangeability of parts, standard parts inventory, etc., are in the City’s best interest.
Requests for review of equivalency will be considered upon submission of sufficient information as described herein, to allow complete review. Such requests shall not be accepted from anyone other than the Contractor. Such submission must be made prior to purchase, fabrication, manufacture or use of the equivalent items under consideration. (a) Contractor’s Risk. If the Contractor includes in its Bid or later proposes any material, product or equipment that the Contractor considers equivalent to that specified, the Contractor assumes all risk of any sort associated with Acceptance or rejection of proposed equivalent items. The Contractor shall have no right to make claim based upon Contractor’s Bid that includes a proposed equivalent item(s) of work which resulted in a lower Bid amount for said item(s) or lower total bid.
(b) Submission Requirements. Each submission for equivalency review shall include:
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Recreation Center Pool Heater Replacement Project Page | 2-28 (1) Justification for use of the proposed equivalent item(s), including evidence, as applicable, that Contract specified material, product or equipment is unobtainable or unobtainable within an acceptable time for contract completion; (2) A description of the difference between specified item(s) and proposed equivalent item(s) and the comparative advantages and disadvantages of each; (3) All relevant data addressing each specified parameter to show equivalency;
(4) A prediction of any effects the proposed change will have on operation and maintenance costs where applicable.
(c) Equivalency. An item will be considered equivalent to the item specified if it is equal to or better in:
(1) Design and strength in all sub-parts, quality, reliability and durability, operation, maintenance and serviceability, as applicable; and (2) Specified parameters in performance in all respects for the specific function(s) indicated in the contract.
(d) Supplemental Requirements. Any tests required by the City to establish quality and performance standards shall be promptly conducted by or through the Contractor at no additional cost to the City. In addition, the Contractor shall:
(1) Submit any additional data requested by the Engineer for the equivalency review; and
(2) Satisfactorily accomplish all changes, including any Engineering associated with use of equivalent items, at no additional cost to the City. (e) Equivalency Determinations. The Engineer shall be the sole judge as to equivalency determinations. The Engineer’s decision shall be final. The Contractor shall have no right of appeal to any decision rejecting the equivalency of any item. (f) Procedure.
(1) Data substantiating a request for a substitution of “an equal” item shall be submitted prior to the Award of the Contract pursuant to Section 3400 of the latest edition of the Public Contract Code.
(2) After the Bid opening, the apparent three low bidders shall have seven (7) calendar days to provide complete substantiating data for all product, material or system substitution requests. After this seven (7)-day period, the City may award the Contract to the apparent low bidder. In no event will product, material or system substitution requests submitted after the Award of Contract be considered. Failure to submit such substantiating data will result in the automatic rejection of the proposed substitution request. The City will have thirty (30) days to review the first ten (10) proposed substitution requests. For each additional five (5) product, material or system substitution requests over and above the initial ten (10), the City will have ten (10) additional days to review the proposed substitution requests. (3) Each substitution request may include one alternate substitution. All alternate substitutions shall be submitted concurrently with substitution requests. Upon review 187
Recreation Center Pool Heater Replacement Project Page | 2-29 by the City, proposed substitutions shall be returned to the Bidder marked either “accepted” or “rejected”. The City shall only review alternative substitution requests if the primary substitution request is rejected. If a substitution request, and its alternative, is returned “rejected”, no further substitution requests for that product, material or system will be allowed and the Bidder will provide the specified product, material or system.
(4) If, after all substitution requests have been processed, substitution requests by the apparent low Bidder are rejected by the City, the apparent low Bidder may elect not to execute the Contract. Under no circumstances, will bidders be allowed to alter their Bid Price as originally submitted. This election shall be made in writing no later than five (5) days following the receipt of the reviewed substitution requests. An election by the Bidder not to execute the Contract will result in the forfeiture of the bidder’s Bid bond. If the apparent low Bidder elects not to continue, and the second low Bidder is awarded the Contract, the second low Bidder may then elect not to execute the Contract for the contract price shown on its Bid Form. Subsequent bidders shall have five (5) days following the receipt of the reviewed substitution requests and the Notice of Award in which to make their election. This process shall continue until one Bidder decides to continue with the Award of Contract process. (5) The City may award the Contract at any time after the time for submitting substitution requests expires pursuant to subpart (2), above. In the event the Contract is awarded prior to acceptance/rejection of substitution requests, all outstanding substitution requests shall be reviewed by the City as provided above. If the apparent low Bidder elects not to execute the Contract, the Award of Contract to the apparent low Bidder shall be rescinded and the Contract awarded to the next apparent low bidder. All bidders electing not to execute the Contract expressly agree that the City shall incur no liability for such rescissions. As provided herein, “apparent low bidder” means the lowest responsive and responsible bidder.
4.04. CERTIFICATES OF COMPLIANCE
(a) A Certificate of Compliance shall be furnished prior to the use of any materials for which the Technical Specifications require that such a certificate be furnished. In addition, when so authorized in the Specifications, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate of Compliance shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract. A Certificate of Compliance shall be furnished with each lot of material delivered to the Work and the lot so certified shall be clearly identified in the Certificate.
(b) All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not. (c) The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
(d) The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
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Recreation Center Pool Heater Replacement Project Page | 2-30 SECTION 5
LEGAL RELATIONS AND RESPONSIBILITY
5.01. COMPLIANCE WITH LAWS – PERMITS, REGULATIONS, TAXES The Contractor is an independent Contractor and shall, at the Contractor’s sole cost and expense, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the Work, obtain all necessary permits and licenses therefore, pay all manufacturers’ taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries or any remuneration paid to Contractor’s employees, whether levied under existing or subsequently enacted laws, rules or regulations. The Contractor shall also pay all property tax assessments on materials or equipment used until Acceptance by the City. If any discrepancy or inconsistency is discovered in the Plans or Specifications, or in this Contract in relation to any such law, rule, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. The Contractor shall also protect, defend and indemnify the City, the Engineer, and all of the City’s officers, agents, and servants against any claim or liability arising from or based upon the violation of any such law, rule, ordinance, regulation, order or decree, whether by the Contractor or its employees. Particular attention is called to the following:
(a) Without limitation, materials furnished and performance by Contractor hereunder shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor; and any other applicable Federal regulations.
(b) The Contractor, upon request shall furnish evidence satisfactory to the City and Engineer that any or all of the foregoing obligations have been or are being fulfilled. The Contractor warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that Contractor has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable the Contractor to perform this Contract. (c) Contractor is required to insure that material safety data sheets (MSDSs) for any material requiring a material safety data sheet pursuant to any federal or state law are available in a readily accessible place on the Project premises. Contractor is also required to insure:
(1) The proper labeling of any substance brought onto the Project premise by Contractor or any Subcontractors and
(2) That the person(s) working with the material, or within the general area of the material, are appropriately informed about the hazards of the substance and follow proper handling and protection procedures.
(d) Contractor is required to comply with the provisions of California Health and Safety Code section 25249.5, et seq. (Prop. 65), which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer.
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Recreation Center Pool Heater Replacement Project Page | 2-31
5.02. PREVAILING WAGE
(a) The Contractor shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any Subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775 which is incorporated herein by reference. Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.
(b) The City will not recognize any claims for additional compensation because of the payment of the wages set forth in these General Conditions. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Engineer, or the City’s agents, be considered as the basis of a claim against the City. (c) The Contractor agrees to follow the instructions of the City’s labor compliance officer until notified otherwise in writing by the City. (d) The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract.
Copies of the applicable prevailing wage rate determinations are made available to the Contractor and Subcontractor at the Pre-Job Conference Meeting. The Contractor shall post a copy of this document at the prevailing wages at each job site, along with a CMU work place poster, printed on 8 1/2” X 11” paper or larger, in accordance with California Code of Regulations, Title 8, section 16451(d).
5.03. PREVAILING WAGE RECORDS
(a) The Work is subject to monitoring and enforcement of prevailing wage requirements by the Department of Industrial Relations (“DIR”) and the following provisions will apply:
(1) Contractor and Subcontractors shall maintain and furnish to the DIR, a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports in PDF form shall be transmitted electronically to the DIR after first registering at http://www.dir.ca.gov/PublicWorks/Certified-Payroll-Reporting.html. The provisions of Labor Code section 1776 are incorporated herein by reference.
(2) The CITY and the DIR shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. The DIR will notify the Contractor or Subcontractor(s), as appropriate) of any noncompliance, in order for all such Contractor or Subcontractor(s) to correct the noncompliance.
(3) The City shall withhold payments when payroll records are delinquent or inadequate.
(4) The City shall withhold payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.
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Recreation Center Pool Heater Replacement Project Page | 2-32 (5) The City shall cooperate with the DIR and DLSE in any investigation of suspected violations of prevailing wage requirements.
(6) As directed by the Labor Commissioner, the City shall withhold Contract payments equal to the payments due or estimated to be due to the Contractor or Subcontractors whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or Subcontractors. The Contractor shall be required to withhold payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured such delinquency or deficiency.
(7) These payroll records shall be made available to the City’s representatives. These records shall be maintained during the course of the Work. The Contractor and all Subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site. (8) The Contractor shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all Subcontractors and any lower tier Subcontractors.
(9) The Project will not be accepted as complete by the City nor final payment made until all items of non-compliance are corrected or until appropriate provision is made by depository agreement to assure the ultimate resolution and payment of any back wages that may be found due.
(b) A pre-construction conference shall be conducted before commencement of the Work with the Contractor and Subcontractors at which time the prevailing wage requirements will be reviewed and agreed to by all parties.
5.04. LABOR DISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows: “A Contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”
5.05. EIGHT-HOUR DAY LIMITATION
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight hours labor shall constitute a day’s work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection 191
Recreation Center Pool Heater Replacement Project Page | 2-33 with the Work. This record shall be open at all reasonable hours to the inspection of the City, State and Federal officers and agents. It is hereby further agreed that, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each worker employed in the performance of this Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.
5.06. COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF
APPRENTICES
The Contractor’s attention is directed to Section 1777.5 of the Labor Code. Provisions of said section pertaining to employment of registered apprentices are hereby incorporated by reference into these Specifications. As applicable, the Contractor or any Subcontractor employed by the Contractor in the performance of the Work shall take such actions as necessary to comply with the provisions of Section 1777.5.
5.07. UNDERGROUND UTILITIES
(a) In accordance with Government Code section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities. (b) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense. Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer. (c) The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable. (d) The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures. The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 1-800-642-2444.
(e) The Contractor is advised that the State of California does not participate in USA.
The Contractor is required to notify Caltrans Permits Branch (916) 322-1297 for the location of State facilities.
(f) The Contractor shall not proceed with work until utility facilities involved have been located, disconnected, or otherwise adjusted by utility representatives. 192
Recreation Center Pool Heater Replacement Project Page | 2-34 (g) The City Utility Maintenance Division will make repairs to all water service laterals and water mains damaged by the Contractor during the course of construction unless directed otherwise by the Engineer. Except as otherwise provided in this section, the Contractor shall be required to pay all labor, material and equipment costs incurred by the City Utilities Maintenance Division for the repairs made to damaged water service laterals and water mains.
The City will bill the Contractor for the repairs and the bills will be paid by the Contractor prior to either the next monthly progress payment or prior to the final payment, whichever comes first.
The Contractor shall provide to the Engineer proof of payment of the repair bills prior to the issuance of either the monthly progress payment or final payment. The current labor and equipment rates for the City Utility Maintenance Division will be made available to the Contractor at the preconstruction conference. The City shall have the right to deduct the total amount of any unpaid City repair bill from the money due or to become due the Contractor.
5.08. WATER POLLUTION
The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, and canals from pollution with fuels, oils, bitumens, calcium chloride, and other harmful materials and shall conduct and schedule Contractor’s operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, and canals. Care shall be exercised to preserve vegetation beyond the limits of construction. The Contractor shall comply with Section 5650 of the California Fish and Game Code and all other applicable statutes and regulations relating to the prevention and abatement of water pollution.
5.09. PAYMENT OF TAXES
The Contract prices paid for the Work shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by federal, state, or local governments.
5.10. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the lawful prosecution of the work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. The Contractor shall, at a minimum, possess and maintain the licenses and permits set forth in the Contract Provisions.
5.11. PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated into the Work, and agrees to indemnify, defend and save harmless the City, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of, the use of any patented materials, equipment, devices, or processes.
5.12. PUBLIC CONVENIENCE
This section defines the Contractor’s responsibility with regard to convenience of the public and public traffic in connection with its operations. (a) The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be properly prosecuted with due regard to the rights of the public.
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Recreation Center Pool Heater Replacement Project Page | 2-35 (b) Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the Work with as little inconvenience and delay as possible. In order to expedite the passage of public traffic through or around the work, the Contractor shall install as appropriate signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the Work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flagpersons, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed. (c) Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense. (d) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
(e) Convenient access to driveways, houses and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner’s access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
(f) Water shall be supplied if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in the Contract Documents. Any water obtained from a fire hydrant within the City of West Sacramento shall be subject to a fire hydrant permit issued by the Engineering Division of the City of West Sacramento. (g) Flagpersons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense. (h) All traffic control shall be in accordance with California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. (1) Traffic Control Plans. Traffic Control Plans shall be developed for the project to assure that adequate consideration is given to the safety and convenience of motorists, pedestrians, and workers during construction. The Traffic Control Plans shall include, but not be limited to, signing, pavement markings, construction scheduling, permanent barricades, methods and devices for delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection. The Traffic Control Plans shall be approved by the Engineer a minimum of two (2) working days prior to start of any work. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(2) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(3) Elimination of On-Street Parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more 194
Recreation Center Pool Heater Replacement Project Page | 2-36 than seventy-two (72) hours prior to the start of work. The notification shall include the Contractor’s phone number, the City of West Sacramento Community Development Department phone number (916) 617-4645, and the phrase “VEHICLES WILL BE TOWED PURSUANT TO CVC SECTION 22651 (L)”. This notice shall be affixed to a Type II barricade that is placed in the lane of the road (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(4) Lane Closures. All lane closures shall be included in the Traffic Control Plans, and shall both conform to Section 5.12(h)(2) above, and be approved by the Engineer.
Total road closures will not be allowed for the Project. (5) Measurement and Payment. Unless specifically shown as an item of work on the proposal form, all traffic control shall be considered included in other items of work and no additional compensation will be made for labor, materials or equipment needed.
5.13. CONTINUOUS OPERABILITY OF FACILITIES
Absent written permission by the Engineer, the continuous operation of all existing facilities is required and shall in no way be affected by the Work.
5.14. SAFETY
(a) General
(1) The Contractor shall be solely and completely responsible for the conditions of the job Site, including safety of all persons and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours.
Safety provisions shall conform to all applicable federal, state, and local laws, ordinances, and codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work. (2) The services of the Engineer in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person.
(3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.
(4) All work and materials shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes. (5) Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished 195
Recreation Center Pool Heater Replacement Project Page | 2-37 shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. (6) The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site. (b) Shoring and Trench Safety Plan
(1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
(2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer Working Drawings of its trench safety plan. The trench safety plan Working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors.
5.15. BLASTING
Except for exceptional circumstances, blasting shall be prohibited. Accordingly, Bids should be prepared on the basis that no blasting will be permitted. Should blasting be required and expressly approved by the City, the City will issue a Change Order for blasting work.
5.16. INTOXICATING LIQUORS AND NARCOTICS
The Contractor shall not sell, permit or suffer the introduction or use of intoxicating liquors or narcotics upon or about the Site.
5.17. PROTECTION OF PERSONS AND PROPERTY
(a) The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the City’s property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition at least as good as the condition they were in prior to the start of the Contractor’s operations.
(b) The Contractor shall adopt all practical means to minimize interference to traffic and public inconvenience, discomfort or damage. The Contractor shall protect against injury to any pipes, conduits or other structures crossing the trenching or encountered in the Work and 196
Recreation Center Pool Heater Replacement Project Page | 2-38 shall be responsible for any injury done to such pipes or structures, or damage to property resulting therefrom. The Contractor shall support or replace any such structures without delay and without any additional compensation to the entire satisfaction of the Engineer. All obstructions to traffic shall be guarded by barriers illuminated at night. The Contractor shall be responsible for all damage to persons and property directly or indirectly caused by its operations and, under all circumstances, Contractor must comply with the laws and regulations of the State of California relative to safety of persons and property and the interruption of traffic and the convenience of the public within the respective jurisdictions. (c) The Contractor is cautioned that it must replace all improvements in rights-ofway and within the public streets to a condition at least equal to what existed prior to the Contractor’s entry onto the job.
(d) Type and time of construction required at any road subject to interference by the work will be determined by those authorities responsible for maintenance of said road. It shall be the responsibility of the Contractor to determine the nature and extent of all such requirements, including provision of temporary detours as required; however, the construction right-of-way obtained by the City at affected roadways will be adequate for provision of all required detours. As required at any road crossing, the Contractor shall provide all necessary flagpersons, guardrails, barricades, signals, warning signs and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of pavement. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization and dust control measures, as required and directed.
(e) The Contractor shall examine all bridges, culverts, and other structures over which it will move its materials and equipment, and before using them, Contractor shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations.
5.18. RESPONSIBILITY FOR REPAIR OF FACILITIES
All public or private facilities, including but not limited to, gravel surfacing at existing canals, structures, telephone cables, roadways, curbs, gutters, parking lots, private drives, levees and embankments for creeks, ponds and reservoirs disturbed during construction of the work shall be repaired and/or replaced by the Contractor to match facilities existing prior to construction. In addition, the Contractor shall be responsible for any settlement damage to such facilities or adjoining areas for a period of one year after Acceptance of such required facilities.
5.19. CITY’S REPAIR
In the event the Contractor refuses or neglects to make good any loss or damage for which it is responsible under this Contract, the City may itself or by the employment of others, make good any such loss or damage, and the cost and expense of doing so, including any reasonable engineering, legal and other consultant fees, and any costs of administrative and managerial services, shall be charged to the Contractor. Such costs and expenses may be deducted by the City from claims for payment made by the Contractor for work completed or remaining to be completed.
5.20. ANTITRUST CLAIM ASSIGNMENT
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this contract, the Contractor and all Subcontractors shall offer and agree 197
Recreation Center Pool Heater Replacement Project Page | 2-39 to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.
5.21. WAIVER OF RIGHT TO RESCIND FOR MATERIAL BREACH
The Contractor agrees that it can be adequately compensated by money damages for any breach of this Contract which may be committed by the City and hereby agrees that no default, act, or omission of the City or the Engineer, shall constitute a material breach of the Contract entitling the Contractor to cancel or rescind the provisions of this Contract or (unless the City shall so consent or direct in writing) to suspend or abandon performance of all or any part of the Work. The Contractor hereby waives any and all rights and remedies to which it might otherwise be or become entitled, save only its right to money damages.
5.22. CONTRACTOR’S LICENSE NOTICE
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO:
REGISTRAR CONTRACTORS’ STATE LICENSE BOARD
9821 BUSINESS PARK DRIVE
SACRAMENTO, CALIFORNIA 95827
MAILING ADDRESS:
P.O. BOX 26000
SACRAMENTO, CALIFORNIA 95826
5.23. HISTORICAL, SCIENTIFIC AND ARCHEOLOGICAL DISCOVERIES All articles of historical or scientific value, including but not limited to coins, fossils, and articles of antiquity which may be uncovered by the Contractor during the progress of work, shall become City property. Such findings shall be reported immediately to the Engineer who will determine the method of removal, where necessary, and the final disposition thereof.
5.24. INSURANCE
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, its agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor’s bid.
(a) Neither the Contractor nor any Subcontractors shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A. M. Best’s rating of no less than A-VII.
(b) Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period. 198
Recreation Center Pool Heater Replacement Project Page | 2-40 (c) Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City. The City may require the Contractor or any Subcontractor to furnish complete certified copies of all insurance policies affecting the coverage required by the Contract. (d) All of the Contractor’s policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
(e) Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer’s right to subrogation against the City and the Engineer.
(f) The requirements as to the types, limits, and the City’s approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. (g) In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fails to maintain the insurance coverage as required in this section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract. (h) The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract. (1) Workers’ Compensation and Employer’s Liability Insurance (i) Workers’ Compensation
The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Workers’ Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Workers’ Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents. (ii) Claims Against City
If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the said Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required 199
Recreation Center Pool Heater Replacement Project Page | 2-41 to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor.
(2) Commercial General and Automobile Liability Insurance The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverage’s and limits of Commercial General and Automobile Liability insurance:
(i) Form and Amount
The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence with an aggregate no less than two (2) times the required per occurrence limit applying to bodily injury, personal injury, and property damage, or any combination of the three. Any deductibles must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses. The commercial general and automobile liability insurance coverage shall also include the following:
(ii) Additional Requirements
Provision or endorsement naming the City, the Engineer and its consultants, and each of their officers, employees, and agents, each as additional insured’s with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss unless and until all limits available under the Contractor ‘s and Subcontractor’s insurance policy/policies have been paid. The additional insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
(iii) “Cross Liability” or “Severability of Interest” clause. (iv) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverage’s, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
(v) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section 4.02, Indemnity and Litigation Costs.
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Recreation Center Pool Heater Replacement Project Page | 2-42 (vi) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. (vii) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(3) Builder’s Risk or Installation Floater “All-Risk” Insurance. Before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder’s Risk “All-Risk” Completed Value Insurance and/or Inland Marine “All-Risk” Installation Floater Insurance, as may be applicable, upon the entire project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City, and Engineer as insured’s as their respective interests may appear, and shall include an insurer’s waiver of subrogation rights in favor of each. Such insurance may have a deductible clause, but the amount of the deductible shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements.
5.25. INDEMNITY AND LITIGATION COST
(a) Promptly upon execution of the Contract, the Contractor specifically obligates itself and hereby agrees to protect, hold free and harmless, defend and indemnify the City, the Engineer and its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, which arise out of or are in any way connected with the Contractor’s, or its Subcontractors’ or suppliers’, performance of work under this Contract or failure to comply with any of the obligations contained in the Contract. This indemnity shall imply no reciprocal right of the Contractor in any action on the contract pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or Subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project.
(b) In any and all claims against the City, the Engineer and each of their consultants, officers, employees and agents 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 under this section shall not be limited in 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’ Compensation statutes, disability benefit statutes or other employee benefit statutes.
5.26. PROTECTION OF WORK
(a) The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or 201
Recreation Center Pool Heater Replacement Project Page | 2-43 lost material and repair damaged parts of the Work or the same may be done at the Contractor’s expense by the City and the Contractor and its sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of 5% of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal wave’ s; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. (b) Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.
(c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
(d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor. (e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work. (f) The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. (g) In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified In Section 2.07. Should the 202
Recreation Center Pool Heater Replacement Project Page | 2-44 Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified in Section 2.07. (h) Except as provided by Government Code section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any such work in conformance with applicable provisions of Sections 2.06 and 2.07, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing.
(i) Subject to the provisions of this section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.
5.27. ACCIDENTS
(a) The Contractor shall provide and maintain, in accordance with Labor Code section 6708 and OSHA requirements, adequate emergency first-aid treatment for its employees and anyone else who may be injured in connection with the Work. (b) The Contractor shall promptly report in writing to the Engineer all accidents whatsoever arising out of or in connection with, the performance of the Work, whether on or adjacent to the site, which caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death or serious injury or serious damage are caused, the accident shall be reported immediately by telephone or messenger to the City and the Engineer.
(c) If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.
5.28. NO PERSONAL LIABILITY
Neither the City, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein.
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Recreation Center Pool Heater Replacement Project Page | 2-45 SECTION 6
PROGRESS AND COMPLETION OF WORK
6.01. PROGRESS SCHEDULE
The Contractor shall submit within ten (10) days after execution of the Contract a detailed work schedule(s) which shall detail the actions of the Contractor and Subcontractors working at the Site. This schedule(s) shall both show the dates at which the Contractor will start and complete and conform to the completion time specified in the Contract. The controlling operation, defined as the least float path, if any, shall be identified.
The Contractor shall review, revise and resubmit the progress schedule at least once a month to reflect progress. In any event, Contractor shall submit, at any time during the contract period, a current schedule to the Engineer at the Engineer’s request.
No progress payments will be made for any work performed until a satisfactory schedule has been submitted and approved by the Engineer. An updated schedule shall be required from the Contractor if the project falls ten (10) working days behind schedule.
If the Work falls behind the accepted schedule, the Contractor shall promptly take whatever actions are necessary to put the project back on schedule. For delays or portions of delays for which the Contractor is responsible, no payment will be made or time extension allowed for increase in work force, equipment, and working hours needed to put the project on schedule.
6.02. COMMENCEMENT AND PROGRESS OF THE WORK AND TIME OF COMPLETION (a) Commencement
The Contractor shall begin the Work after receiving a Notice to Proceed within the period of time set forth in the Contract Provisions. Thereafter, Contractor shall diligently prosecute the Work to completion as specified in the Contract Documents. The Engineer shall have the right to specify the locations where Contractor shall start and proceed with the Work.
A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, Bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.
Notwithstanding any other provisions of the Contract, the City shall not be obligated to accept or pay for any work furnished by the Contractor prior to the issuance of the Notice to Proceed whether or not the City has knowledge of the furnishing of such work. The Contractor shall not commence with work on this project until its Contract bonds and evidence of insurance comply with all Contract requirements and a Notice to Proceed has been issued.
The Contractor shall notify the Engineer in writing two (2) working days (48 hours) prior to commencement of work on the Project or scheduling work for a Saturday, Sunday, or City Holiday. Failure to provide said notification will void the City’s obligation to provide inspection.
Any work done in the absence of the City’s Inspector shall be subject to rejection. 204
Recreation Center Pool Heater Replacement Project Page | 2-46 (b) Completion
All work under this Contract shall be completed within the period of time set forth in the Contract Provisions. The Contract shall be deemed completed when the Engineer has certified the completion of the Project as provided in Section 9.07 of these General Conditions.
6.03. SUSPENSION OF WORK
(a) The Engineer may at any time, by notice in writing to the Contractor, suspend any part of the Work for such period of time as may be necessary to prevent improper execution of the Work on the project by the Contractor, its Subcontractors or agents, and the Contractor shall have no claim for damages or additional compensation on account of any such suspension.
(b) The City may at any time suspend any part or all of the Work upon ten (10) days written notice to the Contractor, who shall thereupon discontinue all work suspended except for all operations to prevent loss or damage to work already executed as may be directed by the Engineer. Work shall be resumed by the Contractor after such suspension on written notice from the City.
(c) In the event of any suspension of the Work in whole or in part under subsection (B) above, the Contractor shall be entitled to an extension of time wherein to complete the Work to the extent of the delay caused to the Contractor thereby. (d) In the event the entire work shall be suspended by order of the City, as herein above provided, and shall remain so suspended for a period of sixty (60) consecutive days, through no fault of the Contractor, and notice to resume the Work shall not have been served on the Contractor as herein above provided, Contractor may, at its option, by written notice to the City, terminate the Contract in the same manner as if the termination had been initiated by the City, and the City shall have no claim for damages because of such termination of the Contract.
6.04. DELAY IN THE WORK – TIME EXTENSIONS
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Section 6.05, below. (a) Excusable Delays. Excusable delays shall be delays in the controlling operation of the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.04(f), below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may decide. The Contractor’s right to an extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such claim within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Contractor’s sole and exclusive remedy for excusable delays.
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Recreation Center Pool Heater Replacement Project Page | 2-47 (b) Compensable delays. Compensable delays shall be delays in the controlling operating of the Contractor’s work due to acts or neglect of the City, its employees or those under it by contract or otherwise, or by changes ordered in the work. In the event of a compensable delay, the time of completion shall be extended for such reasonable time as the City may decide. In addition, the Contractor may recover its direct costs as provided in Section
6.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
(c) Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of that schedule activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible. Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible. (d) If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina. (e) The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise. (f) The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the Contractor files a written protest within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such protest will be forwarded promptly to the City, which will issue a decision on each such protest. The City decision will be final. Pending the City decision, the Contractor shall proceed with its work in accordance with the Engineer’s ruling and/or instructions. It is hereby agreed that the Contractor’s failure to file a protest within fifteen days (15) of the Engineer’s ruling shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.
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Recreation Center Pool Heater Replacement Project Page | 2-48 (g) The number of days that are anticipated to be non-workable due to adverse weather conditions shall be as set forth in Section 4.0 of the Special Conditions. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays.
(h) Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs.
(i) A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another Contractor employed by the City.
6.05. DAMAGES FOR DELAY
In the event of compensable delay, the City shall only be liable for idle equipment, idle workers and the necessary costs of transporting equipment. The City shall be liable to the extent that the compensable delay is concurrent with excusable delays or Contractor caused delays to the controlling operation. The allowable costs shall be as for force account work under Section 2.04 with the following exceptions:
(a) The Delay Factor in the Labor Surcharge and Equipment Rental Rules applies to each equipment rental rate;
(b) The daily number of payable hours shall equal the normal working hours during the delay, not to exceed eight (8) hours per day; and
(c) No markups will be added.
6.06. TERMINATION FOR CONVENIENCE
If at any time before completion of the Work, the City determines that it is either impossible or against the interests of the City to complete the Work, or if the Work is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as described below. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Work thus dispensed with, nor any other actually performed up to the time of discontinuance, including any Extra Work ordered by the Engineer to be done, nor for any claim for liquidated damages.
Termination of the Contract for convenience and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
(a) The Engineer will issue the Contractor a written notice signed by the Engineer, specifying that the Contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
(1) Stop all Work under the Contract except that specifically directed to be completed prior to Acceptance.
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Recreation Center Pool Heater Replacement Project Page | 2-49 (2) Perform Work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment from the site of the Work.
(4) Take such action as is necessary to protect materials from damage. (5) Notify all Subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
(6) Provide the Engineer with an inventory list of all material previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of material not yet used in the Work as directed by the Engineer.
It shall be the Contractor’s responsibility to provide the City with good title to all materials purchased by the City hereunder, including material for which partial payment has been made and with bills of sale or other documents of title for such materials.
(8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for material terminated hereunder.
To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
(10) Take such other actions as the Engineer may direct. (b) Termination of the Contract shall not relieve the Contractor of responsibility for damage to materials except as follows:
(1) The Contractor’s responsibility for damage to materials for which partial payment has been made and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he or she has directed.
(2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, he or she will recommend that the Engineer formally accept the Contract, and immediately upon and after such Acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of his or her Contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the Engineer. 208
Recreation Center Pool Heater Replacement Project Page | 2-50 (c) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
(1) The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of seven (7%) percent of Direct Costs of such Work.
(2) A reasonable allowance for profit on the cost of the Work performed as determined under Section 2.04(a) above, provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that he or she would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed four (4%) percent of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Subcontractors, necessary to determine compensation in accordance with this section shall be open to inspection or audit by representatives of the City at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.
After Termination of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.
All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
(d) The provisions of this section shall be included in all subcontracts.
6.07. TERMINATION FOR DEFAULT
(a) In the event of any default by the Contractor as described below, the City may, after giving ten (10) days’ written notice to the Contractor, terminate the Contractor’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
(1) Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. (2) Filing of bankruptcy by the Contractor, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Contractor’s insolvency without discharge of the receiver within ten (10) days after its appointment.
(3) Failure to make prompt payments to Subcontractors or suppliers. 209
Recreation Center Pool Heater Replacement Project Page | 2-51 (4) Persistent disregard of laws, ordinances, or the instructions of the Engineer, or other substantial violation of any provision of the Contract. (b) In the event the right of the Contractor to proceed with the Work, or any portion thereof, has been terminated because of the default of the Contractor and the Contractor has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Contractor and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City. (c) Upon termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Contractor in accordance with the terms of the Contract, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Contractor would otherwise have been paid, the Contractor and its sureties shall be liable to the City for the full amount of such excess expense.
(d) The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.
6.08. FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES (a) Liquidated Damages
(1) It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day’s delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate of one thousand dollars ($1,000.00) per day unless otherwise stated in the Contract Documents.
The parties expressly agree that the liquidated damage clause found in the Contract Documents is reasonable under the circumstances existing at the time the Contract was made. The City shall have the right to deduct the amount of liquidated damages from any money due or to become due the Contractor.
(2) In addition, the City shall have the right to charge to the Contractor and to deduct from the final or progress payments for the Work the actual cost to the City of legal, engineering, inspection, superintendence, and other expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final inspection and preparation of the final estimate shall not be included in the charges. (b) Exclusions
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Recreation Center Pool Heater Replacement Project Page | 2-52 Notwithstanding the provisions of Section 2.06(a), the Contractor shall not be liable for liquidated damages or delays caused by the removal or relocation of utilities when such removal or relocation is the responsibility of the City or the owner of the utility under Government Code section 4215.
6.09. CLEAN-UP
During the progress of the Work, the Contractor shall maintain the Site and related structures and equipment in a clean, orderly condition and free from unsightly accumulation of rubbish. All waste materials shall be removed daily from the Site and disposed of by the Contractor by any proper means at its own expense unless designated otherwise on the plans.
No waste materials shall be placed in the public street right-of-way. Unless otherwise specified, all existing piping, materials and/or equipment removed pursuant to this Contract shall become the Contractor’s property.
Upon completion of the Work and before the final estimate is submitted, the Contractor shall, at its own cost and expense, remove from the vicinity of the Work all plants, buildings, rubbish, unused work materials, concrete forms, and temporary bridging and other like materials, belonging to the Contractor or used under the Contractor’s direction during the construction, and in the event of the Contractor’s failure to do so, the same may be removed by the City after ten (10) calendar days’ notice to the Contractor. Such removal shall be at the expense of the Contractor.
The Contractor shall use care in the removal of materials and equipment so as not to cause damage to existing facilities and structures. Contractor shall assume liability for all such damage. Where the construction has crossed yards or driveways, restoration shall be by the Contractor to the complete satisfaction of the Engineer, at the Contractor’s expense.
The Contractor shall make its own arrangements for the disposal of waste materials. If the Contractor elects to dispose of such materials on private property, Contractor shall obtain written permission from all property owners involved.
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Recreation Center Pool Heater Replacement Project Page | 2-53 SECTION 7
MEASUREMENT AND PAYMENT
7.01. MEASUREMENT OF QUANTITIES
(a) Where the Contract provides for payment on a lump sum price basis, no measurement of quantity will be made. Where the Contract provides for payment on a unit price basis, the quantities of work performed will be computed by the Engineer on the basis of measurements taken by the Engineer, and these measurements shall be final and conclusive. (b) All quantities of work computed under the Contract shall be based upon measurements by the Engineer according to United States Measurements and Weights. (c) Methods of measurement are specified herein and in the Technical Specifications.
(d) Mobilization shall be measured and payment issued according to Section 11 of the State Standard Specifications.
7.02. SCOPE OF PAYMENT
(a) The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the Work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.
(b) No compensation will be made in any case for loss of anticipated profits.
Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
(c) The Work includes the preparatory work and operations needed for mobilization and demobilization of the Project. The Work, however, does not include establishing the Engineer’s field facility(s) of utility work and connections needed for these facilities.
7.03. PROGRESS ESTIMATE
For each calendar month of Contract work, the Engineer will prepare a progress estimate of all work performed under the Contract. Within the first ten (10) days of each succeeding calendar month, the Engineer will prepare in writing an estimate which in the Engineer’s opinion is a fair approximation of the value of all work done under the Contract, including any amounts due the Contractor for Extra Work and Change Orders. In arriving at the value of the Work done, the Engineer will give consideration to the value of labor and materials which have been incorporated into the permanent work by the Contractor during the preceding month. Consideration will not be given to preparatory work done or for materials or equipment on hand.
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Recreation Center Pool Heater Replacement Project Page | 2-54 In order to assist the Engineer, the Contractor shall furnish the Engineer with copies of invoices for all such items delivered to the job site.
7.04. PROGRESS PAYMENTS
(a) The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within thirty (30) days after receipt of an undisputed and properly submitted progress estimate from the Contractor, unless the City has made a finding prebid pursuant to Public Contract Code section 7201(b)(4) justifying a larger retention. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (A) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and Acceptance of all work under the Contract. (b) Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(c) The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (b). (d) The Contractor may, in accordance with the provisions of Public Contracts Code section 22300, substitute securities for any monies which the City may withhold to insure performance under the Contract.
(e) When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand dollars ($1,000.00), no pay estimate will be prepared and no progress payment will be made. (f) No progress estimate or payment shall be considered to be an approval or Acceptance of any work, materials or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment. (g) It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall construed to be an Acceptance of any defective or incomplete work or improper materials. 213
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7.05. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime Contractor or Subcontractor shall pay any Subcontractor not later than seven (7) days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors. The seven (7) days is applicable unless a longer period is agreed to in writing.
Any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the prime Contractor , deficient subcontract performance, or noncompliance by a Subcontractor. This provision applies to both DBE and non-DBE Subcontractors.
7.06. LIENS AND STOP NOTICES
The Contractor agrees to keep the Work, the site of the Work and all monies held by the City free and clear of all liens and stop notices related to labor and materials furnished in connection with the Work, if permitted by law. Furthermore, the Contractor waives any right it may have to file any type of lien or stop notice in connection with the Work. Notwithstanding anything to the contrary contained in the Contract Documents, if any such lien or stop notice is filed or there is evidence to believe that lien or stop notice may be filed at any time during the progress of the Work or within the duration of this Contract, the City may refuse to make any payment otherwise due the Contractor or may withhold any payment due the Contractor a sum sufficient in the opinion of the City to pay all obligations and expenses necessary to satisfy such lien or stop notice. The City may withhold such payment unless or until the Contractor, within ten days after demand therefor by the City, shall furnish satisfactory evidence that the indebtedness and any lien or stop notice in respect thereof has been satisfied, discharged and released of record, or that the Contractor has legally caused such lien or stop notice to be released of record pending the resolution of any dispute between the Contractor and any person or persons filing such lien or stop notice. If the Contractor shall fail to furnish such satisfactory evidence within ten days of the demand therefor, the City may discharge such indebtedness and deduct the amount thereof, together with any and all losses, costs and damages suffered or incurred by the City from any sum payable to the Contractor under the Contract Documents, including but not limited to final payment and retained percentage. This section shall be specifically included in all Subcontracts and purchase orders entered into by the Contractor.
7.07. FINAL ACCEPTANCE AND DATE OF COMPLETION
Whenever the Contractor shall deem all Work under this Contract to have been completed in accordance therewith, the Contractor shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether the Work has been satisfactorily completed and, if not, shall advise the Contractor in detail and in writing of any additional work required. When all the provisions of the Contract have been fully complied with, to the satisfaction of the Engineer, the Engineer shall proceed with all reasonable diligence to determine accurately the total value of all Work performed by the Contractor at the prices set forth in the Contract or fixed by Change Orders, and the total value of all extra work, all in accordance with the Contract.
The Engineer will then certify to said final estimate and to the completion of the Work, and will file copies thereof with the City and the Contractor, and shall cause of Notice of Completion to be filed with the Yolo County Clerk-Recorder . The date of completion shall be the date of filing of the Notice of Completion. All guarantees, warranties, and securities securing said guarantees and warranties, shall commence on said date. 214
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7.08. RIGHT TO WITHHOLD PAYMENTS
(a) In addition to all other rights and remedies of the City hereunder and by virtue of the law, the City may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the City from loss on account of:
(1) Defective work not remedied, irrespective of when any such work be found to be defective;
(2) Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code;
(3) Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers; (4) A reasonable doubt that the Work can be completed for the balance then unearned;
(5) A reasonable doubt that the Contractor will complete the Work within the agreed time limits;
(6) Costs to the City resulting from failure of the Contractor to complete the Work within the proper time; or
(7) Damage to work or property.
(b) Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefor will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the City will promptly pay to the Contractor the amount so withheld. When monies are withheld to protect the City against claims or liens of mechanics, material men, Subcontractors, etc., the City may at its discretion permit the Contractor to deliver a surety bond in terms and amount satisfactory to the City, indemnifying the City against any loss or expense, and upon Acceptance thereof by the City, the City shall release to the Contractor monies so withheld.
7.09. FINAL PAYMENT
Within ten (10) days after the date of completion, the City will file in the Office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. Within sixty (60) days of completion defined in Public Contract Code section 7107, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the furnishings of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the provisions of this Contract. All prior certifications upon which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate.
7.10. FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically 215
Recreation Center Pool Heater Replacement Project Page | 2-57 excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138. 216
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PART 3 SUPPLEMENTAL CONDITIONS
(SPECIAL PROVISIONS)
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SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)
Except as modified by these Supplemental Conditions, the work shall be performed in accordance with Part 3 General Conditions. The numbering of these Supplemental Conditions coincides to the numbering in the General Conditions. The existence of a section in these Supplemental Conditions means that a corresponding section in the General Conditions is modified in some respect. Under these contract documents, Supplemental Conditions and Special Provisions have the same meaning.
The following Supplemental Conditions , if any, shall be used in conjunction with the City of West Sacramento Standard Specifications current edition including Standard Details and all revisions, and the current State of California Department of Transportation (Caltrans) Standard Specifications, in that order.
The following provisions apply to use of or reference to the Caltrans Standard Specifications:
1. None of the “General Provisions” of the Caltrans Standard Specifications, i.e., Sections 1 through 9, applies to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. The City’s “General Conditions” shall govern.
2. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications and a provision of these Contract Documents, the provision in the Contract Documents will govern.
3. Any reference to the “Engineer” in the Caltrans Standard Specifications is deemed to mean “City”, “Owner” or “Architect/Engineer” or Owner’s designated representative.
4. Any reference to the “State” in the Caltrans Standard Specifications is deemed to mean “City” or “Owner.”
City Standard Specifications are available online at:
http://cityofwestsacramento.org/city/depts/comdev/engineering/specs/default.asp State Standard Specifications are available online at:
http://www.dot.ca.gov/hq/esc/oe/standards.php
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PART 4 TECHNICAL SPECIFICATIONS
The work shall be performed in accordance with the latest edition of the City of West Sacramento Standard Specifications – Division IV: Standard Construction Specifications and Caltrans Standard Specifications 2015, except as modified by these Technical Specifications.
Section numbering of these Technical Specifications does not conform to the City’s Standard Specifications.
Contractor shall provide submittals (shop drawings) for all materials to be installed or used on the project.
Project Scope - Base Bid for Heater Replacement
1. Demolish, remove, and dispose of existing heaters and all unusable piping.
2. Set two (2) new Lochinvar heaters as specified on existing pads. (Lochinvar Power-fin Boiler Model PBN1501-M9, 1.5MBTUH or equivalent)
3. Plumb all water lines in Schedule 80 PVC and CPVC as recommended by the manufacturer.
4. Plumb all gas lines in galvanized steel pipe.
5. Connect electrical as required by code.
6. Replace heater vents and cap.
7. Test for leaks.
8. Start-up system and place into regular operation.
9. Train staff.
10. Complete Yolo-Solano Air Quality Management District (YSAQMD) and City of West Sacramento Building Department permitting process.
11. One year of manufacturer-recommended maintenance services for both new pool heaters, including annual start-up.
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Deliverables:
• 2 LOCHINVAR Pool Heaters 1.4 – 1.5 MBTU Upright configuration (Lochinvar Power-fin Boiler Model PBN1501-M9, 1.5MBTUH or equivalent. The current heaters to be replaced are Raypak XTherm 1.4M Btu) • Gas usage tracking device as specified by Yolo-Solano Air Quality Management District. • All installation materials.
California Contractor’s License Requirements: C53 (pool builder) OR C-4 (Boiler, Hot Water Heating and Steam Fitting) OR C61/B35 (swimming pool maintenance and repair).
This project is not funded with Federal Funds.
The project will be awarded to the lowest responsive bidder based on the Base Bid only. 220
Recreation Center Pool Heater Replacement Project
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Bid Alternate: Option to Upgrade Pool Heaters to High Efficiency, Condensing Units
This bid alternate is to upgrade the two new pool heaters to high-efficiency condensing units. All scope from the base bid applies for all aspects of installation, commissioning, permitting, and training. The cost listed in the Bid Alternate section of the Cost Table should reflect the difference in the cost of installing two 1.5MBTUH condensing units (Lochinvar Crest Condensing Boiler, Model FBN1501 100 or equivalent) instead of the non-condensing units specified in the base bid. 222
Recreation Center Pool Heater Replacement Project
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Project Limits
Prepared on
3/20/2026 by
manuelr
Parks & Recreation
Department
City of West
Sacramento
Attachment 3
RECREATION CENTER
LAP POOL HEATER REPLACEMENT
224
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 15, 2026 ITEM # 8
SUBJECT:
CONSIDERATION OF APPROVAL OF THE PROJECT PLANS AND SPECIFICATIONS
FOR THE SOUTH RIVER ROAD DRIVEWAY INSTALLATION PROJECT AND AWARD A CONSTRUCTION CONTRACT TO FBD VANGUARD CONSTRUCTION, INC.
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Ryan Teves, Senior Engineer
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to consider approval of the project plans and specifications for the South River Road Driveway Installation Project and award a construction contract to FBD Vanguard Construction, Inc.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that a Class 1 exemption under California Code of Regulations Title 14, Division 6, Chapter 3, Article 19, Section 15301 is the appropriate level of environmental review for CEQA for the construction of the South River Road Driveway Installation Project;
2) Approve the project plans and specifications;
3) Award a construction contract to FBD Vanguard Construction, Inc.; 4) Authorize the City Manager, or his designee, to execute a construction contract with FBD Vanguard Construction, Inc. for an amount of $35,991.00; and
5) Authorize the City Manager, or his designer, to execute amendments, change orders and purchases up to 20% of the construction contract ($7,200.00), with approval from the City Attorney.
BACKGROUND
On June 16, 2025, City staff completed the Riverfront Street Extension Project, which provided a multi-use road south of Mill Street to support future development in the Bridge District, and into Pioneer Bluff. As part of the improvements, pedestrians and cyclists were provided with a connection through the sidewalk onto South River Road and 15th Street.
The previous design and construction improvements evaluated the need for maintenance and emergency vehicle access to the utility corridor at Universal Street; however, they did not provide a direct bicycle connection to the cycle track. With the continuation of baseball games and other activities in the Bridge District, City staff have observed increased activity and utilization of Universal Street as a connection to Sutter Health Park and surrounding neighborhood amenities.
Toward the end of 2025, City staff evaluated the connection between the South River Road cycle track and Universal Street, as well as its function as a link to Riverfront Street, and concluded that a safe, reliable, and accessible bicycle and vehicle driveway is needed to connect the two streets. The proposed driveway will provide a continuous, barrier-free route for pedestrians and cyclists, while maintaining access for maintenance vehicles to the utility corridor as originally contemplated in the Riverfront Street Extension Project. Ultimately, the construction improvements will replace existing sidewalk with a driveway connection that enhances connectivity between Riverfront Street and South River Road.
ANALYSIS
On February 9, 2026, staff advertised an Invitation to Bid (25-109-ITB) for construction services pursuant to the Public Contract Code, through an open advertisement on OpenGov, and the local newspaper with the following timeline.
225
Construction Contract with FBD Vanguard Construction, Inc.
April 15, 2026
Original Date Extended Date
Advertisement: 02/09/2026 n/a
Pre-Bid Meeting: n/a n/a
Questions Deadline: 02/19/2026 n/a
Post Responses to Questions: 02/20/2026 n/a
Bid Open: 03/03/2026 n/a
In total, eight (8) bids were received and evaluated by staff for responsiveness and responsibility, summarized in Table 1. The apparent low bid, submitted by FBD Vanguard Construction Inc., is $35,991.00, which is approximately 27% lower than the engineer’s estimate. The bids received were competitive for a project of this scale, with the apparent low bid approximately 35% lower than the high bid.
Based on the evaluation of all required bid documentation, City staff has determined FBD Vanguard Construction, Inc. to be the lowest responsive and responsible bidder. City staff recommends that Council award the construction contract to FBD Vanguard Construction Inc. in the amount of $35,991.00. Upon Council approval, City staff will coordinate with the contractor to execute the contract and issue a Notice to Proceed.
Table 1. Bid Results
Rank Contractor Bid Total
1 FBD Vanguard Construction Inc. $35,991.00
2 Pridex Construction Group Inc. $40,000.00
3 F Loduca Co. $42,853.00
4 A-1 Advantage Asphalt, LLC $45,770.00
5 B&M Civil LLC $49,376.00
6 Xeela Engineering LLC $49,380.00
7 Arrow Construction $52,000.00
8 Nor Cal Concrete $54,828.00
Environmental Considerations
The appropriate level of environmental review for this project is a Categorical Exemption as identified under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15301 Class 1(c) of the California Environmental Quality Act. A Notice of Exemption will be filed with Yolo County for this project after Council Approval (Attachment 3). This project is a maintenance and rehabilitation of the existing roadway facility involving no expansion of use.
Commission Recommendation
Not applicable.
Strategic Plan Integration
Not applicable.
Alternatives
Staff recommends that the City Council:
1) Approve the recommended actions as stated above.
2) Modify or defer the recommended actions.
3) Not approve the recommended action or delay the project.
Alternative 1 is recommended to allow construction to move forward for the project consistent with the strategic goals of the City.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Finance Department and the City Attorney.
Budget/Cost Impact
The work identified in this report is funded by CIP 52241 (ADA Compliance and Accessibility Improvements).
Staff is requesting Council approval of a construction contract with FBD Vanguard Construction, Inc. in the 226 Construction Contract with FBD Vanguard Construction, Inc.
April 15, 2026
amount of $35,991.00. There is sufficient funding available in this CIP to fund the City staff time, construction management, and contingency.
ATTACHMENTS
1) Vicinity Map
2) CPE26-073 FBD Vanguard Construction Inc. Construction Contract 3) CEQA Notice of Exemption
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Project Limits
Prepared on
3/20/2026 by
M. Ramirez
Capital Projects
Department
City of West
Sacramento
Attachment 1
ADA COMPLIANCE AND
ACCESSIBILITY IMPROVEMENTS
228
CONSTRUCTION CONTRACT
THIS CONTRACT made on March 15, 2026 by and between the City of West Sacramento (“City”), and FBD Vanguard Construction, Inc., hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.
The parties have mutually covenanted and agreed as follows:
1. THE CONTRACT DOCUMENTS:
The complete Contract consists of the following documents (“Contract Documents”):
Invitation to Bid (See Part 1)
Accepted Bid (and all accompanying documents)
Addenda Nos. 1, as issued
Designation of Subcontractors, (See Part 1)
Construction Contract (See Part 2)
Payment Bond to accompany Contract (See Part 2)
Performance Bond to accompany Contract (See Part 2)
Contractor’s Certification Regarding Workers’ Compensation (See Part 2) General Conditions (See Part 3)
Supplemental Conditions (Special Provisions) (See Part 4) Drawings
Technical Specifications (See Part 5)
Change Orders
City of West Sacramento Standard Specifications 2002, with Amendments #1 & #2 State of California Department of Transportation (Caltrans) Standard Specifications 2025
2. THE WORK:
The Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the South River Road Driveway Installation “Project” as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City, or its representatives. The City hereby designates as its for the purpose of this Contract the following named person: Ryan Teves.
3. CONTRACT PRICE:
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of Thirty Five Thousand Nine Hundred Ninety One and No Cents ($35,991.00) for the Project subject to additions and deductions as provided in the Contract Documents.
4. COMPLETION DATE:
The Project shall be commenced on the date specified in the Notice to Proceed. The total project will be completed within twenty (20) calendar days, as defined in the General Conditions, after the date stated in the Notice to Proceed.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
229
5. NOTICE AND SERVICE THEREOF:
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the City, by personal delivery thereof to the Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the City at:
City of West Sacramento
Jaipal Chahal, Director of Capital Projects
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
(b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the Contractor at:
Business
Attention
Street Address
City, State, Zip Code
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
6. LIQUIDATED DAMAGES:
Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of One Thousand Dollars ($1,000.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the Supplemental Conditions.
7. PREVAILING WAGE:
Copies of the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations in accordance with Labor Code section 1773.2 are on file at the City, and copies are available for inspection at that office to any interested party on request.
Bidders shall be responsible for verifying with the Director of the Department of Industrial Relations that all such copies of the prevailing rate provided by the City are current and accurate. The requirement to pay the wage rate so specified is further detailed in the General Conditions.
FBD Vanguard Construction, Inc.
Billie Sposeto, President
550 Greenville Road
Livermore, CA 94550
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
230
8. CONTRACTOR REGISTRATION
By the execution of this Contract, Contractor hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (Contractor registration).
IN WITNESS WHEREOF, four (4) identical counterparts of this Contract, each of which shall for all purposes be deemed an original, have been duly executed by the above-named parties, on the date noted on the first page of this Contract.
By signing below, the Consultant agrees to the provisions on the reverse side.
ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. By electronically signing this document in electronic form, Parties agree that this Agreement may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code section 1633.7.
Date Billie Sposeto, President
Date Amanda Berlin, Assistant City Manager
City of West Sacramento
Approved as to form:
Jeffrey Mitchell, City Attorney
Attest:
Jennifer Cusmir, City Clerk
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Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 LS $3,500.00 $3,500.00
2 Progress Schedule 1 LS $279.00 $279.00
3 Traffic Control Plan 1 LS $900.00 $900.00
4 Water Pollution Control Plan 1 LS $500.00 $500.00
5 Roadway Excavation 132 SF $15.00 $1,980.00
6 Remove Concrete (Sidewalk) 460 SF $18.00 $8,280.00
7 Remove and ReplaceConcrete (Curb & 40 LF $61.00 $2,440.00 8 Minor Concrete (Driveway) - 8" PCC 330 SF $33.00 $10,890.00 9 Minor Concrete (Sidewalk) - 6" PCC 130 SF $19.00 $2,470.00 10 HMA (Type A) 132 SF $36.00 $4,752.00
Total $35,991.00
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CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Jaipal Chahal, Director of Capital Projects
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
I am aware of the provisions of Section 3700 of the Labor Code of the State of California which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Contractor)
By
(Business Address)
(Place of Residence)
550 Greenville Road
Livermore, CA 94550
Billie Sposeto, President
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PART 3 GENERAL CONDITIONS
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PART 3: GENERAL CONDITIONS
ARTICLE 1: DEFINITIONS AND TERMS
1.01 GENERAL
Wherever the following abbreviations and terms, or pronouns in place of them, are used in these Conditions and other Contract Documents of which these Conditions are a part, the intent and meaning shall be interpreted as provided below.
1.02 ABBREVIATIONS
The following abbreviations supplement and modify the Abbreviations in the State Standard Specifications Section 1-1.06 and shall be used in the Contract Documents:
AA Aluminum Association
AASHTO American Association of State Highway/Transportation Officials ABMA American Boiler Manufacturer's Association
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers Association
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturer's Association
AI The Asphalt Institute
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.
APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
ARA American Railway Association
AREA American Railway Engineering Association
ASCE American Society Civil Engineers
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
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AWG American Wire Gage
AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
BHMA Builders Hardware Manufacturers Association
CCMTC California Concrete Masonry Technical Committee
CRSI Concrete Reinforcement Steel Institute
ETL Electrical Testing Laboratory
FS Federal Specification
ICBO International Conference of Building Officials
IEEE The Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society
IPCEA Insulated Power Cable Engineers Association
JICS Joint Industry Conference Standards
MBMA Metal Building Manufacturer's Association
MSS Manufacturers Standardization Society of the Valve and Fitting Industry Standards NBFU National Board of Fire Underwriters
NBS National Building Standards
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Act of 1970
PCA Portland Cement Association
RWQCB CA Regional Water Quality Control Board
SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction SWRCB CA State Water Quality Control Board
UBC Uniform Building Code
UL Underwriter's Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
USAS The United States of America Standard Institute
USBR United States Bureau of Reclamation
USPHS United States Public Health Service
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
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1.03 DEFINITIONS
The following definitions supplement and modify the Definitions in the State Standard Specifications Section 1-1.07 and shall be used in the Contract Documents. The intent and meaning of the following definitions, wherever they appear in the Contract Documents, shall be interpreted as follows Acceptance - The formal acceptance by the City of the work covered by the Contract, which has been completed in all respects in accordance with the Specifications and any approved modifications.
The final acceptance by the City of the entire Contract, which has been completed in all respects in accordance with the Specifications and any approved modifications.”
Addenda - Any written change, clarification, or supplement to documents issued for bidding, issued by the City or its Engineer prior to bid.
As-Builts – Drawings prepared by the Contractor that document changes to, or deductions from the Plans, which represent the Work constructed.
Agency: City of West Sacramento
As Approved - The words "as approved," unless otherwise qualified, shall be understood to be followed by the words "by the Engineer." As Shown, and As Indicated - The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Plans." Award - The decision of the City Council to accept the proposal of the lowest responsible Bidder for the Work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof, and to such other conditions as may be specified or required by law.
Bid - The offer of the Bidder for the Work when made out and submitted on the prescribed bid form, properly signed and guaranteed. A Bid is also known as a Proposal.
Bid Bond or Bid Security - The cash, cashier's check, certified check, or bidder's bond accompanying the bid submitted by the bidder, as a guarantee that the bidder will enter into a Contract with the City for the performance of Work herein described.
Bidder - Any individual, firm, partnership or corporation submitting a Bid for the Work contemplated and acting directly or through a duly authorized representative.
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Bureau - United States Bureau of Reclamation.
Calendar Day - Each day shown on the calendar.
Change Order - Written order issued by the Engineer to the Contractor covering changes in the Contract and establishing the basis of compensation and time adjustments for work affected by the changes.
City - The City of West Sacramento, also referred to as the Owner.
City Council or Council - The City Council of the City of West Sacramento.
City Standard Details – The most current edition standard details contained in the City of West Sacramento Standard Specifications (Division V) as amended to the date of the Bid submittal.
City Standard Specifications – Most current edition of the City of West Sacramento Standard Specifications as amended to date of the Bid submittal.
Claim - A separate demand by the Contractor for (i) a time extension, (ii) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract for a public work and payment of which is not otherwise expressly provided for, or the claimant is not otherwise entitled to, or (iii) an amount the payment of which is disputed by the City.
Contract - The written agreement covering the performance of the Work and the furnishing of labor, materials, tools, and equipment in the construction of the Work. The Contract shall include all Contract Documents and supplemental agreements amending or extending the Work contemplated which may be required to complete the Work in a substantial and acceptable manner.
Supplemental agreements are written agreements covering alterations, amendments, or extensions to the contract and include addenda and change orders.
Contract Documents - The Contract Documents are the collective term for all of the documents listed in the Contract Documents, Part 2 – Construction Contract, Paragraph 1.
Contractor - The person or persons, firm, partnership, joint venture, or corporation or other entity who has entered into the Contract with the City to perform the Work.
County - County of Yolo, California.
Date of Completion - Date of filing of the Notice of Completion with the Yolo County Clerk Recorder’s Office.
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Date of Execution of the Contract - The date on which the Contract is signed by the City's authorized representative.
Datum - The Figures given in the Specifications or upon the drawings after the word "Elevation" or an abbreviation of it, shall mean U.S.G.S. datum, unless otherwise noted.
Days - Unless otherwise designated, days as used in the Contract Documents shall mean calendar days.
Elevation - The figures given on the Plans or in the other Contract Documents after the word "elevation" or abbreviation of it shall mean the distance in feet above the standard datum used by the City.
Engineer - The City Engineer, or the person designated by the City as its engineering representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.
Extra Work - Work other than that required either expressly or implied by the Contract in its executed form.
Field Instructions or Field Orders – Direction given in writing by the Engineer or his designated representative.
His - "His" shall include "her", “their”, and "its.”
Inspector – The person or persons authorized to act as agent(s) for the City in the inspection of the Work.
Laboratory – Material Testing Laboratories authorized by the City Engineer, or representative of the City to test materials and the work completed during the course of completing the construction project.
Notice to Proceed – The written authorization by the City to the Contractor specifying the date the Work may proceed and any conditions regarding the beginning of Work.
Notice of Completion – Notice of Completion is the recorded project completion document filed with the Yolo County Clerk.
Or Equal - The term "or equal" shall be understood to indicate that the "equal" product be the equivalent or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer.
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Plans or Drawings - The term "Plans," “Capital Improvement Plans,” or " Drawings" refers to the official plans, profiles, cross sections, elevations, details, and other Working Drawings and supplementary drawings, or reproductions thereof, signed by the Engineer, which show the location, character, dimensions, and details of the work to be performed. Plans may either be bound in the same book as the balance of the Contract Documents or bound in separate sets. Regardless of the method of binding, Plans shall be part of the Contract Documents.
Plant - All physical resources, facilities, machinery, equipment, staging, tools, work and storage space other than provided by the Contract, together with subsidiary essentials and necessary maintenance for proper construction and acceptable completion of the project.
Project - The entire Work to be completed under the Contract.
Project Manager - The person designated by the City as its project management representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.
Shop Drawings - Drawings prepared by the fabricator or supplier showing the layout and details of components fabricated in a shop for inclusion in the permanent facility (e.g., structural steel, reinforcing steel, railings, electronic systems).
Site - The area upon or in which the Contractor's operations are carried on and such other areas adjacent thereto as may be designated by the Engineer or shown on the Contract Drawings.
Specifications - The term "specifications" refers to the terms, provisions, and requirements contained herein. Where reference specifications, such as those of "ASTM," "AASHTO," etc. have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents.
State - State of California.
State Standard Plans - Standard Plans issued by the State of California Transportation Agency, Department of Transportation, latest edition, and as amended in the Supplemental Conditions and other Contract Documents.
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State Standard Specifications - Standard Specifications issued by the California State Transportation Agency, Department of Transportation, latest edition, and as amended in the Supplemental Conditions and other Contract Documents.
Subcontractor – The term “Subcontractor”, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans and specifications of the work, but does not include one who merely furnishes material not so worked and would be considered a supplier only
Substantial Completion – The formal written notice the Contractor gives to the City that Work is complete. “Final Acceptance” is when the City certifies all of the Work is complete. Substantial Completion may initiate the beginning of the warranty period defined by the Contract, but not bind the City to final acceptance nor relieve the Contractor from the responsibility of completing or correcting the work.
Supplemental Conditions – Additions, revisions, special directions, and requirements peculiar to a project and not otherwise thoroughly set forth in the City General Conditions and/or Standard Construction Specifications.
Time Limits - All time limits stated in the Contract Documents are of the essence of the Contract.
Work - All actions which the Contractor is contractually required to do as specified, indicated, shown, contemplated, or implied in the Contract to construct the improvements, including all alterations, amendments, or extensions made by Contract Change Orders or other written orders or directives by the City.
Unless specified otherwise in the Contract, the Work is further defined to include furnishing all materials, equipment, tools, labor, transportation, supervision, and all incidentals necessary to complete the Work.
Working Days – A Working Day is defined as any day, except Saturdays, Sundays and legal holidays of the City.
Working Drawings – Drawings furnished by the Contractor showing the layout and details of temporary construction procedures and methods of construction, and data for construction equipment which are to be employed in the construction of the permanent facility (e.g., form drawings, erection drawings, load test pile procedures, pile hammer data, etc.)
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Written Notice - "Written Notice" shall be deemed to have been duly served when 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 U.S. mail to the last business address known to him who gives the notice as specified in the Contract.
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ARTICLE 2 SCOPE OF WORK
2.01 INTENT OF CONTRACT DOCUMENTS
The intent of the Contract Documents is to prescribe the details for the construction and completion of the Work, which the Contractor undertakes to perform in accordance with the terms of the Contract.
Where the Specifications and Plans describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used.
Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, supervision, and incidentals and do all the Work involved in performing the Contract in a satisfactory and workmanlike manner.
The technical provisions are presented in sections for convenience. However, this presentation does not necessarily delineate trades or limits of responsibility. All sections of the Specifications and Plans are interdependent and applicable to the Project as a whole.
The Contract Documents are complementary, and what is called for in any one shall be as binding as if called for in all. Anything shown on the Drawings and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Drawings shall have the same effect as if shown or mentioned respectively in both.
Any work shown on one Drawing shall be construed to be shown in all Drawings and the Contractor will coordinate the Work and the Drawings.
If any portion of the Contract Documents shall be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the order of precedence detailed in the paragraph below:
If any portion of the Contract Documents is in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence:
1. Governing ranking of Contract parts in descending order is:
1.1. Amendments and Change Orders
1.2. Technical Specifications
1.3. Supplemental Conditions (Special Provisions)
1.3. Project Plans
1.4. Construction Contract
1.5. General Conditions
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1.6. Caltrans’ Traffic Manual
1.7. State Revised standard specifications
1.8. State Standard specifications
1.9. State Revised standard plans
1.10. State Standard plans
1.11. Supplemental project information
2. Written numbers and notes on a drawing govern over graphics
3. Detail drawing governs over a general drawing
4. Specific specification governs over a general specification
5. Specification in a section governs over a specification referenced by that section
6. If a discrepancy is found or confusion arises, submit an RFI.
Detail Drawings take precedence over General Drawings. As between bid schedules and other information given on Drawings, the schedules shall govern. If an item is shown on any Drawing and not specifically included in Technical Specifications specific to this project, the Drawing shall govern. Any conflict or inconsistency between or in the drawings shall be submitted to the Engineer for clarification as soon as the Contractor becomes aware of such inconsistency.
2.02 CONTRACTOR’S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.
2.03 CHANGES IN THE WORK
A. The City may, at any time, by written order, make changes in the Work as deemed necessary by the Engineer. Such changes include, but are not limited to:
1. In the Specifications or Plans;
2. In the sequence, method, or manner of performance of the Work;
3. In the owner-furnished facilities, equipment, materials, services, or site; and
4. Directing acceleration of the Work.
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B. If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of the Contract, an equitable adjustment will be made and the Contract modified in writing accordingly.
1. Change Orders
A change pursuant to this section will be in the form of a Contract Change Order, which will set forth the work to be done or the method by which the change and cost adjustment, if any, will be determined, and the time of completion of the work.
Upon receipt of a Contract Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Contract Change Order. A Contract Change Order executed by the Contractor and approved by the Engineer is an executed Contract Change Order as that term is used throughout this Section.
2. Change Order Protests
A Contract Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Contract Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen calendar (15) days after the receipt of such Contract Change Order. The protest shall state the points of disagreement and, if possible, the quantities and cost involved.
If a written protest is not submitted within 15 calendar days after the receipt of the Contract Change Order, payment will be made as set forth in the Contract Change Order. Such payment shall constitute full compensation for all work included therein or required by the Contract Change Order. Such unprotested Contract Change Orders shall be considered as executed Contract Change Orders.
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Where the protest concerning a Contract Change Order relates to compensation, the compensation payable for all work specified or required by said Contract Change Order to which such protest relates will be determined in the same manner as provided in Section 2.04 of this section. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a Contract Change Order relates to the adjustment of time and the completion of the Work, the time to be allowed therefore will be determined as provided in this Section.
The consent of the Contractor's sureties shall not be required as to any change or Extra Work, and the liability of the Contractor's Bonds shall be increased or decreased accordingly without notice to the sureties.
2.04 PROCEDURES AND ALLOWABLE COSTS ON CHANGES AND ADDITIONS TO WORK
A. Forms of Payment
If the change in, or addition to, the Work will result in an increase in the contract sum, the City shall have the right to require the performance thereof. The compensation to be paid for any such work shall, in the City's sole discretion, be determined in one or more of the following ways:
1. By extension of agreed unit prices, if unit prices are required by the City's bid form and provided with contractor's bid;
2. By proposal and Acceptance of an agreed upon lump sum; or
3. On a force account basis.
Until one of the above methods is agreed on, or if the Work is to be paid for on a force account basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work.
B. Lump Sum Payment
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The City, in its sole and absolute discretion, may request a lump sum proposal by Contractor to perform the change in, or addition to, the Work performed. Such lump sum proposal shall be submitted by the Contractor within ten (10) calendar days of the City's request therefor. Request for a lump sum proposal by the City shall not be deemed an election by the City to have the Work performed on a lump sum basis.
Costs of preparing the proposal shall not be compensable.
1. Contents of Lump Sum Proposal
The Contractor's proposal shall be itemized and segregated by labor and materials for the various components of the change (no aggregate labor total will be acceptable). The proposal shall be accompanied by signed proposals of any Subcontractors, which will perform any portion of the change, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor's estimate of the time required to perform said changes or additional work.
2. Computation of Labor Costs
The portion of the proposal relating to labor, whether by the Contractor's forces or the forces of any of its Subcontractors, may include the projected wages of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work. These projected wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers, and maintenance mechanics.
Labor costs may also include Contractor's overhead and profit which shall be computed by adding to the labor costs either up to fifteen (15) percent of the projected wages, but not payroll costs, or the labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The method of computing the overhead and profit shall be solely within the discretion of the City.
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The labor surcharge, if used, shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined above. No time or charges will be allowed except when the workers are actually engaged in the proper, efficient and diligent performance or completion of the extra work as authorized. Overtime shall not be worked without prior approval of the Engineer.
3. Computation of Equipment and Materials Costs
The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the Contractor or to any of its Subcontractors of materials to be purchased for incorporation in the change in the Work. This portion of the proposal may also include transportation and applicable sales or use taxes. Up to fifteen (15) percent of these direct costs may be included as overhead and profit for the Contractor or any such Subcontractor (such overhead and profit to include all small tools).
This portion of the proposal may further include the Contractor's and any of its Subcontractors' reasonably anticipated costs for the rental and operation of prime construction and automotive equipment furnished and used in connection with the change in the Work. The equipment rental and operation rates used shall be the latest edition of the Department of Transportation, Division of Construction, Equipment Rental Rates. These costs shall not include charges for listed equipment or major tools with a new cost of five hundred dollars ($500.00) or less. No time charges shall be allowed except for equipment actually used for the proper and efficient performance or completion of the authorized change in the Work.
4. Subcontractors
The lump sum proposal may include up to five (5) percent of the amount, which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor.
5. Failure to Submit Lump Sum Proposal
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In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor.
6. Failure to Agree on Lump Sum Amount
In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor's proposal and the Engineer and City do not elect to have the change in the Work performed on a force account, the Engineer and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon the City’s own estimates, the Contractor's submission or combination thereof. In such instances, a Change Order shall be issued for the amount of costs and time determined by the Engineer and the City and shall become binding upon the Contractor unless the Contractor follows the protest procedure as described in Section 2.03(B). The City has the right to direct the Contractor in writing to perform the change in the Work, which is the subject of the Change Order. Failure of the parties to reach agreement regarding the costs and time of performing the change in the Work and/or any pending protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously.
C. Payment by Unit Prices
If any of the items included in the lump sum proposal are covered by unit prices contained in the contract document, the City may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices.
D. Payment on a Force Account Basis
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If the City elects to have the change or addition to the Work performed on a force account basis, the Work shall be performed, whether by the Contractor's forces or the forces of any of its Subcontractors or Sub-subcontractors, and payment shall be made subject to the following provision. The Contractor will be paid the direct cost of labor, equipment, and material used in performing force account work determine as hereinafter provided.
1. For labor, the Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer or Project Manager) used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor or any or any Subcontractor of any tier, shall be actual wages, including basic hourly wage, health and welfare payments and pension payments incurred in performing the force account work, plus any travel and subsistence payments for the workers performing such work and made necessary thereby. To the actual wages shall be added a labor surcharge as set forth in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, as in effect on the date the work is performed. The labor surcharge shall be deemed to encompass the City’s entire liability to reimburse the Contractor for workers compensation insurance payments, social security payments, Medicare payments, federal unemployment insurance payments, state unemployment insurance payments and state training taxes, made necessary by the force account work.
2. For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the CA State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications applicable to loading, FBD Vanguard Construction, Inc.
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transporting and unloading equipment for force account work, as applicable as of the date the equipment is loaded, transported or unloaded.
3. For materials used in the work, the City will pay for materials furnished by the Contractor and necessarily used in the force account work. Prior to markups as set forth below, the amount paid shall be the price paid by the actual purchaser to the actual supplier plus any necessary actual costs of handling the materials.
4. Contractor may add fifteen percent (15%) to the total labor, equipment and material charges as the total overhead and profit to the entity or entities actually performing the force account work. If the entity or entities actually performing the work are Subcontractors or Sub-Subcontractors, the Contractor shall be allowed five percent (5%) of the total charge of the performing entity or entities (including mark- up) as Contractor’s mark-up. No other mark-ups shall be allowed hereunder.
The Contractor shall submit to the City daily work and material tickets, to include the identification number assigned to the change in the Work, the location and description of the change in the Work, the classification of labor employed (and names and social security numbers), the material used, the equipment rented (not tools), and such other evidence of cost as the City may require. The City may require authentication of all time and material tickets and invoices by persons designated by the City for such purpose. The failure of the Contractor to secure any required authentication shall, if the City elects to treat it as such, constitute a waiver by the Contractor of any claim for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice by the City shall not constitute an acknowledgment by the City that the items thereon were reasonably required for the Change in the Work.
E. Limitations on Changes
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The Contractor shall not be entitled to any amount for indirect costs, damages, or expenses of any nature, including, but not limited to, so-called "impact" costs, labor inefficiency, wage, material, or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of this Section, and which the Contractor, its Subcontractors, and Sub-Subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence, or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this Section. It is understood and agreed that the Contractor's sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents.
It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted.
The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.20 to audit Contractor's as-bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor's as-bid profit shall be reduced pro rata according to the proportion of the original contract value less as-bid profit, represented by the work deleted.
The City reserves the right to contract with any person or firm other than the Contractor for any or all Extra Work.
2.05 UNILATERAL CHANGE IN OR ADDITION TO THE WORK
Notwithstanding the above, the City, directly or through the Engineer, may direct the Contractor in writing to perform changes in or additions to the scope of the Contract.
The Contractor shall perform such work and the parties shall proceed pursuant to the provisions of Section 2.04.
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2.06 CHANGES IN CHARACTER OF WORK
If an ordered change in the Plans or Specifications materially changes the character of the Work of a Contract item from that upon which the Contractor based his bid price, and if the change increases or decreases the actual unit costs of such changed item as compared to the actual or estimated unit cost of performing the Work of said item in accordance with the Specifications and Plans originally applicable thereto, in the absence of an executed Contract Change Order specifying the compensation payable, an adjustment in compensation therefor will be made in accordance with the following:
A. The basis of such adjustment in compensation will be the difference between the Contract unit price to perform the work of said item or portion thereof involved in the change as originally planned and the actual unit cost of performing the work of said item or portion thereof involved in the change, as changed. Actual unit costs will be as agreed upon by the Contractor and the Engineer. If they cannot agree or if there is no unit price for the subject work, then the costs of the work will be determined by the Engineer in the same manner as if the work were to be paid for on the time and material basis as provided in Section 2.04. Any such adjustment will apply only to the portion of the work of said item actually changed in character.
B. Failure of the Engineer to recognize the change in character of the work at the time the Contract Change Order is issued shall in no way be construed as relieving the Contractor of his duties and responsibility of filing a written protest within the fifteen (15) day limit as herein above provided.
2.07 UNIT PRICE INCREASES OR REDUCTIONS GREATER THAN TWENTY-FIVE (25)
PERCENT
Increases or reductions of the quantity of any major unit price item installed in excess of twenty-five percent (25%) of the Engineer’s estimate for such item shall be deemed to be compensable changes in character of the work as to that item. For purposes of this section, major unit price items shall mean unit price items which, as bid for the quantity thereof under the Engineer’s estimate, exceed ten percent (10%) of the Total Bid Price. For quantity increases or reductions subject to this section, any change in compensation shall be limited to the quantity installed in excess of one hundred twenty-five percent (125%) of the Engineer’s estimate, subject to bid schedule definitions that may take precedence.
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2.08 DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
A. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25110 et seq. of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; or B. Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents; or
C. Unknown conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
The Engineer shall thereupon promptly investigate the conditions. If the Engineer finds that they do involve hazardous waste or do materially differ and cause and decrease or increase in the Contractor's cost or time of performance, it will issue a change order as appropriate. Any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided in Section 2.04 for adjustments as to extra and/or additional work and changes. However, neither the City nor the Engineer shall be liable or responsible for additional work, costs, or changes to the Work due to material difference between actual conditions and any geotechnical, soils and other reports, surveys and analyses made available for the Contractor's review. In the event that a dispute arises between the City and the Contractor, whether the conditions materially differ, or involve hazardous waste, or cause and decrease or increase the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided by the Contract, but shall proceed with all work to be performed under the Contract, the procedures applicable to claims for extra costs shall then apply.
2.09 CLAIMS FOR EXTRA COSTS
A. Notice of Potential Claims
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1. It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing, or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified. Compliance with this section, however, shall not be a prerequisite as to matters within the scope of the protest provisions in Section 2.03.
2. The written notice of potential claims shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim.
The notice as above required shall be given to the Engineer prior to the time that the Contractor commences performance of the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within ten (10) days after the happening of the event, thing or occurrence giving rise to the potential claim.
B. Construction Disputes
1. The Contractor may submit a dispute to the Engineer concerning any matter for which a protest under Section 2.03, or a notice of potential claim, is filed. Such disputes, or potential claims, shall be submitted to the Engineer within sixty (60) days following the submission of said protest or notice, unless, due to the nature of the claim or the uncompleted state of the Work, it is impracticable to determine the amount or the extent of the claim within such period. In such cases, disputes shall be submitted at the earliest practicable time in which such a determination can be made. In any event, all disputes shall be filed before the date of the final release by the Contractor.
2. All disputes shall be in writing and shall set forth clearly and in detail, for each item of additional compensation requested, the reasons for the dispute, reference to applicable provisions of the Contract Documents, the nature and the amount of the costs involved, the computations used in determining such costs, all pertinent factual data and all the documents necessary to substantiate the dispute. The Contractor shall maintain complete and accurate records of the cost or any portion of the Work for which additional compensation is claimed, and shall provide the Engineer with copies thereof, as required. The Engineer shall provide a written decision to the decision of the dispute or potential claim as soon as practicable, but not more than thirty (30) days following receipt thereof.
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C. Resolution of Construction Claims
(1) To the extent that the Contractor disputes the Engineer’s Written Decision issued pursuant to Section 2.09 B.2, or to the extent the Engineer fails to issue a timely written decision, the Contractor may file a written claim, as defined by Public Contract Code section 9204(c)(1), with the City including reasonable documentation to support the claim. Upon receipt of the claim, the City shall conduct a reasonable review of the claim, and within a period not to exceed forty-five (45) days, the City shall provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. The time in which the City must provide a written statement may be extended by mutual agreement of the parties as specified by Public Contract Code section 9204(d)(1)(C). The City shall pay any undisputed portion of the claim within sixty (60) days after issuance of its written statement.
(2) Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code section 12650, et. seq., the undersigned,
(Name)
(Title
(Company
hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.
Dated:
/s/
Subscribed and sworn before me this _____ day
of
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Notary Public
My commission expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of any independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.
Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act.
(3) Meet And Confer Regarding Unresolved Claims - If the Contractor disputes the City’s written statement issued pursuant to Section 2.09 C. 1. or if the City fails to issue a timely written response, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. Within ten (10) business days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. The City shall pay any undisputed portion of the claim within sixty (60) days after it issues its written statement.
(4) Mediation. If the Contractor disputes, in writing, any portion of the City’s written statement as issued under Section 2.09 C. 3., the disputed items shall be submitted to nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation.
(5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety.
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Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at seven percent (7%) per annum.
(6) Subcontractor Claims. If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of the Subcontractor or lower tier Subcontractor pursuant to Public Contract Code section 9204(d)(5).
2.10 CIVIL ACTION PROCEDURES
A. Alternative Dispute Resolution of Claims of $375,000.00 or Less. (1) Claims of $375,000.00 or Less. Notwithstanding any other provision herein but after compliance with the provisions of Public Contract Code section 9204 as set forth in Section 2.09 C. claims of $375,000.00 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contract Code section 20104 et seq. “Claim” for this purpose means a separate demand by the Contractor for a time extension, payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, for which payment is expressly provided, or the Contractor is otherwise entitled to, or an amount the payment of which is disputed by the City.
(2) Submission of Claims of $375,000.00 or Less. The Contractor shall submit its claim of $375,000.00 or less to the City in writing, within the time frames established under Sections 2.03 and 2.09, but no later than before the final payment is made. The City shall respond within the time provided by statute.
If the Contractor disagrees with the response or the City fails to respond within the time permitted, the Contractor shall notify the City of the disagreement in writing within fifteen (15) days from the date of the response or expiration of the time permitted to respond and demand a meet-and-confer conference.
The City shall schedule a meet-and-confer conference within thirty (30) days of the demand. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. If not resolved at the meet-and-confer conference, the Contractor may initiate a civil action as set forth in Public Contract Code section 20104 et seq., including but not limited to compliance with applicable Government Code provisions. (3) Time Limits Not Extended. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this Contract for filing claims by the Contractor.
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B. Alternative Dispute Resolution of Claims in Excess of $375,000.00.
As a condition precedent to the initiation of litigation, disputes in excess of a total value of $375,000.00 shall first be submitted to the claim’s procedures set forth within this Section above.
2.11 GUARANTEE
A. In addition to warranties, representations and guarantees stated elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace the same at its sole cost and expense, and to the satisfaction of the Engineer, any and all materials which may be defective or improperly installed.
B. The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work, which may be damaged or displaced in so doing.
C. In the event of failure to comply with the above stated conditions within a reasonable time, the City is authorized to have the defect repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand, including any reasonable management and administrative costs, and engineering, legal, and other consultant fees incurred to enforce this Section.
D. The signing of the Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect for a period of one (1) year after final acceptance of the Work by the City.
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ARTICLE 3: CONTROL OF WORK
3.01 AUTHORITY OF ENGINEER
A. The Engineer is the representative of the City and has full authority to interpret the Contract Documents, to conduct the construction review and inspection of the Contractor's performance, and to decide questions, which arise during the course of the Work and his decisions on these matters, shall be final and conclusive. The Engineer has the authority to reject all work and materials, which do not conform to the Contract Documents, and has the authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Engineer’s failure to stop the Work shall not obligate the City to accept defective or otherwise unacceptable work or otherwise affect the Engineer’s or City’s authority to reject work for any reason set forth in the Contract Documents.
B. If at any time the Contractor's work force, tools, plant, or equipment appear to the Engineer to be insufficient or inappropriate to secure the required quality of work or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, improve their character, to augment their number or to substitute other personnel, new or additional tools, plant or equipment, as the case may be, and the Contractor shall comply with such order. Neither the failure of the Engineer to demand such increase of efficiency, number, or improvement, nor the compliance by the Contractor with the demand, shall relieve the Contractor of his obligation to provide quality work at the rate of progress necessary to complete the Work within the specified time.
C. The Engineer shall have the authority to make minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time. These may be accomplished by Field Order. Contractor shall comply promptly with all Field Orders. If the Engineer and Contractor are unable to agree on entitlement or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Time, or cost, as result of a Field Order, a claim may be made therefore pursuant to Section 2.09.
D. Any order given by the Engineer, not otherwise required by the Contract Documents to be in writing shall, on request of the Contractor, be given or confirmed by the Engineer in writing.
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E. Whenever work, methods of procedure, or any other matters are made subject to direction or approval, such direction or approval will be given by the Engineer.
3.02 DRAWINGS
A. Drawings furnished herewith are for bidding purposes. The Engineer will furnish the Contractor, free of charge, two (2) sets (one for As-Built Drawings) of the Project Plans and Specifications for the execution of the work. Additional copies, beyond two sets, may be obtained by the Contractor from https://procurement.opengov.com/portal/cityofwestsacramento. The Contractor shall have no claim for excusable delay on account of the failure of the Engineer to deliver such Drawings, unless the Engineer shall have failed to deliver the same within two (2) weeks after receipt of written demand therefore from the Contractor. The Contractor shall keep one copy of said Drawings, in good order, available to the Engineer and the Engineer’s representatives, and convenient to the working site.
B. If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, or in the layout as given by points and instructions, it shall be the Contractor's duty to inform the Engineer in writing, and the Engineer will promptly verify the same.
Any work done after such discovery, until authorized, will be done at the Contractor's risk.
All Drawings, Technical Specifications, and copies thereof furnished by the Engineer are the property of the Engineer and shall not be reused on other work and, with the exception of the signed Contract sets, are to be returned to the Engineer, on request, at the completion of the Work. All models are the property of the City.
C. The Drawings shall be supplemented by such Submittals and Shop Drawings prepared by the fabricator and/or supplier and Working Drawings prepared by the Contractor as are necessary to adequately control the Work. No changes shall be made by the Contractor in any Shop or Working Drawings after they have been reviewed by the Engineer, if the Engineer deems that no further submittals are necessary. The Contractor shall not commence the layout, purchase, fabrication, or construction of any work for which Shop or Working Drawings are required until Engineer has reviewed the Submittals and Shop Drawings and has indicated in writing no further submittals are required for compliance with the Contract Documents.
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D. Shop and Working Drawings for any structure shall include, but not be limited to, detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc., which shall be reviewed and accepted by the Engineer before any such work is performed.
E. Shop and Working Drawings will be required for cribs, cofferdams, falsework, centering and form work, and for other temporary work and methods of construction the Contractor proposes to use. Such Drawings shall be subject to the review and Acceptance of the Engineer insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for the successful construction of the Work.
F. Contractor agrees that Shop and/or Working Drawings processed by the Engineer are not Contract Change Orders; that the purpose of these Drawings submitted by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that the Contractor demonstrates its understanding by indicating which equipment and material the Contractor intends to furnish, and by detailing the fabrication methods it intends to use. It is expressly understood, however, that favorable review of the Contractor's Shop and Working Drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of its Drawings with the Specifications. Contractor further agrees that if deviations, discrepancies or conflicts between Shop and/or Working Drawings and Specifications are discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
G. Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
H. Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate, and no additional compensation will be allowed, therefore. Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor.
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I. All reasonable effort has been made to locate and delineate all known structures and facilities on the plans. Except as otherwise provided herein, the City of West Sacramento shall assume no responsibility for the completeness or accuracy of its delineation of underground utilities nor the existence of other buried objects which may be encountered, or which are not shown on the plans.
J. The Contractor shall keep and maintain a clean set of plans for the project and shall record in red ink all changes, revisions, etc. made during the course of construction.
These plans shall include all changes, revisions, etc. from the original plan complete with the exact sizes, locations, dimensions, elevations, etc. These plans shall be kept and maintained in a neat, clean, and legible condition and shall be available for inspection at all times by the Engineer. The Contractor shall deliver these completed plans to the Engineer and the Engineer shall approve these plans prior to final acceptance of the project by the City.
3.03 CONSTRUCTION STAKING AND SURVEYS
This work shall consist of furnishing and setting construction stakes and marks by the Contractor to establish the lines and grades required for the completion of the work as shown on the plans and as specified in the Standard Specifications and these Special Provisions.
The Contractor places stakes and marks conformance with Chapter 12, "Construction Surveys," of the Caltrans's Surveys Manual.
The Contractor shall be responsible for providing all necessary construction stakes and marks to establish the lines and grades for the construction and completion of the work, including but not limited to, control and base lines, offset lines, cut/fill grade stakes, temporary survey stakes, tie-out protection, corner records, records of survey, and resetting of monuments as required and as directed by the Engineer. Tie-outs to existing monuments are to be provided to the City by the Contractor prior to starting work.
The Contractor shall employ a person authorized to perform Land Surveying in the State of California to perform all necessary construction staking and survey work. All construction stakes and marks set by the Contractor’s Land Surveyor or Civil Engineer, shall be carefully preserved by the Contractor. In case such stakes and marks are destroyed or damaged, they shall be promptly replaced, at the direction of the Engineer, at no additional cost to the City.
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The Contractor shall diligently and thoroughly search for, locate, and preserve all existing monumentation, horizontal control, and vertical control potentially affected by the work in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professions Code of the State of California. Locations of existing monumentation, horizontal control, and vertical control within the area of work shall be completed and appropriate documentation submitted to the City Engineer prior to beginning work. Unless otherwise specified, all construction staking, or survey work shall be performed by an appropriately licensed land surveyor or civil engineer.
The Contractor shall remove construction stakes, and any markings placed for the purpose of this project by the Contractor from the site of the work when no longer needed.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing construction staking, as shown on the plans, as specified in the Special Provisions, and as directed by the Engineershall be considered as included in the contract prices paid for various contract items of work involved and no additional compensation will be allowed, therefore.
3.04 PERMITS AND REGULATIONS
Permits and licenses, of a temporary nature, necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified.
The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as shown on the plans and described in the Contract Documents. Contractor shall promptly notify the Engineer in writing of any specification at variance therewith. In such instances, any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom.
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3.05 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS Work and materials shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on Contract Documents. Although measurement, sampling, and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. The Engineer's decision as to any allowable deviations therefrom shall be final and conclusive.
3.06 COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS A. Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Specifications and Plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Specifications and Plans, reference shall be made to the Engineer, whose decision thereon shall be final and conclusive.
B. Any reference made in the Specifications and Plans to any specification, standard, method, or publication of any scientific or technical society or other organization shall, in the absence of a specific designation to the contrary, be understood to refer to the specification, standard, method, or publication in effect as of the date that the Work is advertised for Bids.
C. Prior to the issuance of the Notice to Proceed, a pre-construction conference will be held at the office of the Capital Projects Department for the purpose of discussing with the Contractor the Scope of Work, Contract Drawings, Specifications, existing conditions, materials to be ordered, equipment to be used, the project schedule, the traffic control plan, and all essential matters pertaining to the execution and the satisfactory completion of the project as required. The Contractor's representatives at this conference shall include all major superintendents for the work and shall include major subcontractors. The pre-construction conference will be held within ten (10) calendar days of Council award of Contract.
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3.07 SUBCONTRACTORS
A. The attention of the Contractor is directed to the provisions of California Public Contract Code sections 4100-4113 regarding subcontracting and said provisions are by this reference incorporated herein and made a part hereof.
B. Each subcontract shall contain a suitable provision for the suspension or termination thereof should the Work be suspended or terminated or should the Subcontractor neglect or fail to conform to every provision of the Contract Documents insofar as such provisions are relevant. The Contractor shall be fully responsible to the City for the acts or omissions of the Contractor’s Subcontractors and of the persons either directly or indirectly employed by him. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the City. If a legal action, including arbitration and litigation, against the City is initiated by a Subcontractor or Supplier, the Contractor shall reimburse the City for the amount of legal, engineering, and all other expenses incurred by the City in defending itself in said action.
C. The City and the Engineer reserve the right to approve all Subcontractors. Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the List of Subcontractors, which is submitted with his proposal, will be deemed to be acceptable. Contractor shall not, without the written consent of the City, subcontract the whole of the Work.
D. Violation and Penalty
In the event of a violation of California Public Contract Code sections 4100-4113, Contractor will be assessed a penalty of up to ten (10) percent of the value of the work as defined by contract item unit process
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3.08 COOPERATION OF CONTRACTORS
A. Should construction be under way by other forces or by other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.
B. When two (2) or more contractors are employed on related or adjacent work, each shall conduct his operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to persons, or property caused to the other by his operations, and for loss caused the other due to his unnecessary delays or failure to finish the work within the time specified for completion.
3.09 SUPERINTENDENCE
A. The Contractor shall designate in writing, before starting work, an individual as authorized representative who shall have the authority to represent and act for the Contractor. This authorized representative shall be present at the Site of the Work at all times while work is actually in progress on the Contract. When the Work is not in progress and during periods when the Work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work, which may be required.
B. The Contractor is solely responsible, at all times, for the superintendence of the Work and for its safety and progress.
C. Whenever the Contractor or his authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given.
D. Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.
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3.10 INSPECTION OF WORK
A. Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the Work and determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be required to make comprehensive or continuous inspections to check the quality of the Work. The Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of Contractor's obligation to conduct comprehensive inspections of the Work and to furnish proper materials, labor, equipment, and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
B. Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer shall be subject to rejection.
Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the Federal, State, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
C. One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor's obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract.
D. The Engineer and the Engineer’s representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically 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 City, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply.
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E. Work performed without inspection may be required to be removed and replaced under proper inspection. In such instances, the entire cost of removal and replacing, including the cost of City-furnished materials used in the Work, shall be borne by the Contractor, regardless of whether or not the Work exposed is found to be defective.
Examination of questioned work, other than that installed without inspection, 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 will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost, unless the Contractor can show that the defect in the Work was caused by another contractor, and in that event the City will pay such costs.
F. The inspection of the Work shall not relieve the Contractor of the Contractor's obligation to fulfill the Contract as herein prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be made good and unusable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the Work or any part thereof shall be found defective, the Contractor shall, within ten (10) calendar days, make good such defect in a manner satisfactory to the Engineer. If the Contractor fails to make ordered repairs of defective work or to remove the condemned materials from the Work within ten (10) calendar days after written direction by the Engineer, the City may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
G. The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests. Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection.
H. Where any part of the Work is being done under an encroachment permit or building permit, or is subject to Federal, State, County or City codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
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I. The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer's authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply.
3.11 TESTS
The Contractor shall perform, at the Contractor's own expense, all tests specified or required by the Specifications. The Engineer may perform such tests as the Engineer deems necessary to determine the quality of work or compliance with Contract Documents. The Contractor shall furnish promptly without additional charge all facilities, labor, and material reasonably required for performing safe and convenient tests as may be required by the Engineer. All tests by the Engineer will be performed in such a manner as will not unnecessarily delay the Work. The Contractor shall not be required to reimburse the City for tests performed by the City or Engineer. If samples of materials are submitted which fail to pass the specified tests, the Contractor shall pay for all subsequent tests.
3.12 REMOVAL OF REJECTED AND UNAUTHORIZED WORK AND MATERIALS A. All work or materials, which have been rejected, shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation shall be allowed the Contractor for such removal, replacement, or remedial work.
B. Any work done beyond the lines and grades shown on the plans or established by the Engineer or any Extra Work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed, or replaced at the Contractor’s expense.
C. Upon failure of the Contractor to comply with any order of the Engineer made under this Section, the City may cause rejected or unauthorized work to be remedied, removed, or replaced, and may deduct the costs therefore from any monies due or to become due the Contractor.
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3.13 DEDUCTIONS FOR UNCORRECTED WORK
If the Engineer deems it inexpedient to correct work damaged or not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore, and such sum may be withheld by the City from Contractor’s payment.
3.14 EQUIPMENT AND PLANTS
A. Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
B. Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the Work to completion within the time limit.
C. The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall remove unsuitable equipment from the Work and discontinue the operation of unsatisfactory plants.
Contractor shall, upon request of the Engineer, submit one or more lists identifying, by make, model number, Contractor ‘s identification number and empty gross weight, each piece of operable equipment used for the Work. Contractor shall, upon request of the Engineer, submit documentation establishing that any measuring device used for the Work has been tested and properly approved under California Test 109.D.
In the case of termination of this Contract before its completion for any cause whatsoever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of his equipment and supplies from the property of the City. If the Contractor fails to do so, the City shall have the right to remove such equipment and supplies at the expense of the Contractor.
3.15 CHARACTER OF WORKER
If any Subcontractor, or person employed by the Contractor or any Subcontractor fails or refuses to carry out the directions of the Engineer or appears to the Engineer to be incompetent or to act in a disorderly or improper manner, said person shall be removed from the Project immediately on the requisition of the Engineer. That person shall not again be employed on the Work. Such discharge shall not be the basis for any claim for compensation or damages against the City, or any of its officers or agents.
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3.16 SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this Work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with the other contractor’s work.
B. If any part of the Contractor's work depends on proper execution or results upon the Work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. The Contractor's failure to inspect and report shall constitute an Acceptance of the other contractor's work as fit and proper for the reception of the Contractor’s work, except as to defects which may develop in the other contractor's work after the execution of the Contractor’s work.
C. To ensure the proper execution of the Contractor’s subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the Drawings.
3.17 ASSIGNMENT
The Contractor shall not assign the Contract or sublet it as a whole or in part without the written consent of the City, nor shall the Contractor assign any monies due, or to become due to the Contractor hereafter without the prior written consent of the City.
3.18 USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY
EQUIPMENT OR FACILITIES
A. The City may, at any time, during the performance of the Work, enter the Work Site for the purpose of installing any necessary work by City labor or other contracts, and for other purpose in connection with the installation of facilities. In doing so, the City shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other work being done by or on behalf of the City.
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B. If, prior to completion and final Acceptance of all the Work, the City takes possession of any structure or facility (whether completed or otherwise) comprising a portion of the Work with the intent to retain possession thereof (as distinguished from temporary possession contemplating the return to the Contractor), then, while the City is in possession of the same, the Contractor shall be relieved of liability for loss or damage to such structure other than that resulting from the Contractor's fault or negligence.
Such taking of possession by the City shall not relieve the Contractor from any provisions of this Contract regarding such structure, other than to the extent specified in the preceding sentence, nor shall such taking constitute a final Acceptance of such structure or facility.
C. If, following installation of any equipment or facilities furnished by the Contractor, defects requiring correction by the Contractor are found, the City shall have the right to operate such unsatisfactory equipment or facilities and make reasonable use thereof until the equipment or facilities can be shut down for correction of defects without injury to the City.
3.19 LANDS FOR WORK, RIGHT-OF-WAY CONSTRUCTION ROADS
A. The City will provide the lands, easements, right-of-way, and/or encroachment permits necessary or other rights to enter and work on lands necessary for the performance of the Work. Other permits and licenses are addressed by Section 3.04. Should the Contractor find it advantageous to use any additional land for any purpose whatever, the Contractor shall provide for the use of such land at its expense. The Engineer shall be furnished with a copy of written agreements or otherwise be notified in writing of additional working space which is acquired. Nothing herein contained and nothing marked on the Plans shall be interpreted as giving the Contractor exclusive occupancy of the territory provided by the City. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer shall decide which contractor shall cease work, and which shall continue, or whether the work on both contracts shall progress at the same time and in what manner, and the decision of the Engineer shall be final and binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the Contractor so desiring, to the extent, amount, in the manner, and at the time permitted.
No such decision as to the method or time of conducting the Work or the use of territory shall be the basis of any claim for delay or damage.
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B. Lands, easements, or rights-of-way to be furnished by the City for construction operations will be specifically shown on the Plans.
C. The Contractor shall construct and maintain all roads necessary to reach the various parts of the Work and for the transportation thereto of construction material and personnel. The cost of constructing and maintaining such roads shall be borne by the Contractor.
3.20 CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS
A. The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
1. The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs;
2. In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract;
3. To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor's efficiency or effectiveness under this Contract or in connection with extras, changes, claims, additions, backcharges, or others, as may be provided for in this Contract;
4. If it becomes necessary to determine the City's rights and the Contractor's obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City;
5. To determine any difference in cost occasioned by a permissible substitution;
6. And/or for any other reason in the City's sole judgment.
B. Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor's books and records. The City's audit rights shall be liberally construed in the City's favor.
C. The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder.
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D. The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City's option, either during the Contract time period or during the record retention time period.
Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City's control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City's audit produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract.
E. If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City's right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three (3) years after the completion of the City's audit or upon the termination of audit rights under subparagraph 3.20 F, below, whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
F. The City's right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract.
The Contractor shall include this "Right to Audit and Preservation of Records" clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure the City's rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney's fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City from said persons under this clause.
Such audit may be conducted by the City or its authorized representative.
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ARTICLE 4: CONTROL OF MATERIALS
4.01 MATERIALS
A. Unless otherwise specifically stated in the Specifications, the Contractor shall furnish all materials necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new and shall be manufactured, handled, and installed in a workmanlike manner to ensure completion of the Work in accordance with the Contract Documents. The Contractor shall, upon request of the Engineer, furnish satisfactory evidence as to the kind and quality of materials.
B. Where materials are to be furnished by the City, the type, size, quantity and location at which they are available will be stated in the Contract Documents.
C. Manufacturer’s warranties, guarantees, instruction sheets and parts listed, which are furnished with certain articles or materials incorporated in the Work, shall be delivered to the Engineer before Acceptance of the Contract.
4.02 STORAGE OF MATERIALS
A. Articles or materials to be incorporated in the Work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the Work, and to facilitate inspection.
4.03 TRADE NAMES AND ALTERNATIVES
B. Whenever a material, article, system or sub-system is specified or described by using the name and/or model of a proprietary product or trademark or the name of the manufacturer or vendor, the specified item shall establish the type, function, and quality required. It shall be understood that the words “or approved equivalent” are implied whether or not they follow the proprietary enumeration.
C. The City reserves the right to determine when proprietary items have no equivalency, and when uniformity of operations, interchangeability of parts, standard parts inventory, etc., are in the City’s best interest.
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D. Requests for review of equivalency will be considered upon submission of sufficient information as described herein, to allow complete review. Such requests shall not be accepted from anyone other than the Contractor. Such submission must be made prior to purchase, fabrication, manufacture or use of the equivalent items under consideration.
A. Contractor’s Risk. If the Contractor includes in its Bid or later proposes any material, product or equipment that the Contractor considers equivalent to that specified, the Contractor assumes all risk of any sort associated with Acceptance or rejection of proposed equivalent items. The Contractor shall have no right to make claim based upon Contractor’s Bid that includes a proposed equivalent item(s) of work which resulted in a lower Bid amount for said item(s) or lower total bid.
B. Submission Requirements. Each submission for equivalency review shall include:
a. Justification for use of the proposed equivalent item(s), including evidence, as applicable, that Contract specified material, product or equipment is unobtainable or unobtainable within an acceptable time for contract completion;
b. A description of the difference between specified item(s) and proposed equivalent item(s) and the comparative advantages and disadvantages of each;
c. All relevant data addressing each specified parameter to show equivalency; d. A prediction of any effects the proposed change will have on operation and maintenance costs where applicable.
C. Equivalency. An item will be considered equivalent to the item specified if it is equal to or better in:
a. Design and strength in all sub-parts, quality, reliability and durability, operation, maintenance and serviceability, as applicable; and FBD Vanguard Construction, Inc.
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b. Specified parameters in performance in all respects for the specific function(s) indicated in the contract.
D. Supplemental Requirements. Any tests required by the City to establish quality and performance standards shall be promptly conducted by or through the Contractor at no additional cost to the City. In addition, the Contractor shall:
a. Submit any additional data requested by the Engineer for the equivalency review; and b. Satisfactorily accomplish all changes, including any Engineering associated with use of equivalent items, at no additional cost to the City.
E. Equivalency Determinations. The Engineer shall be the sole judge as to equivalency determinations. The Engineer’s decision shall be final. The Contractor shall have no right of appeal to any decision rejecting the equivalency of any item.
F. Procedure.
a. Data substantiating a request for a substitution of “an equal” item shall be submitted prior to the Award of the Contract pursuant to Section 3400 of the latest edition of the Public Contract Code. b. After the Bid opening, the apparent three low bidders shall have seven (7) calendar days to provide complete substantiating data for all product, material or system substitution requests. After this seven (7)-day period, the City may award the Contract to the apparent low bidder. In no event will product, material or system substitution requests submitted after the Award of Contract be considered. Failure to submit such substantiating data will result in the automatic rejection of the proposed substitution request. The City will have thirty (30) days to review the first ten (10) proposed substitution requests. For each additional five (5) product, material or system substitution requests over and above the initial ten (10), the City will have ten (10) additional days to review the proposed substitution requests.
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c. Each substitution request may include one (1) alternate substitution. All alternate substitutions shall be submitted concurrently with substitution requests. Upon review by the City, proposed substitutions shall be returned to the Bidder marked either “accepted” or “rejected”. The City shall only review alternative substitution requests if the primary substitution request is rejected. If a substitution request, and its alternative, is returned “rejected”, no further substitution requests for that product, material or system will be allowed and the Bidder will provide the specified product, material or system.
d. If, after all substitution requests have been processed, substitution requests by the apparent low Bidder are rejected by the City, the apparent low Bidder may elect not to execute the Contract. Under no circumstances, will bidders be allowed to alter their Bid Price as originally submitted. This election shall be made in writing no later than five (5) days following the receipt of the reviewed substitution requests. An election by the Bidder not to execute the Contract will result in the forfeiture of the bidder’s Bid bond. If the apparent low Bidder elects not to continue, and the second low Bidder is awarded the Contract, the second low Bidder may then elect not to execute the Contract for the contract price shown on its Bid Form. Subsequent bidders shall have five (5) days following the receipt of the reviewed substitution requests and the Notice of Award in which to make their election. This process shall continue until one Bidder decides to continue with the Award of Contract process. e. The City may award the Contract at any time after the time for submitting substitution requests expires pursuant to subpart (2), above. In the event the Contract is awarded prior to acceptance/rejection of substitution requests, all outstanding substitution requests shall be reviewed by the City as provided above. If the apparent low Bidder elects not to execute the Contract, the Award of Contract to the apparent low Bidder shall be rescinded and the Contract awarded to the next apparent low bidder. All bidders electing not to execute the Contract expressly agree that the City shall incur no liability for such rescissions. As provided herein, “apparent low bidder” means the lowest responsive and responsible bidder.
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4.04 CERTIFICATES OF COMPLIANCE
A. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Technical Specifications require that such a certificate be furnished. In addition, when so authorized in the Specifications, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate of Compliance shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract. A Certificate of Compliance shall be furnished with each lot of material delivered to the Work and the lot so certified shall be clearly identified in the Certificate.
B. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not.
C. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
D. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
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ARTICLE 5: LEGAL RELATIONS AND RESPONSIBILITY
5.01 COMPLIANCE WITH LAWS – PERMITS, REGULATIONS, TAXES The Contractor is an independent contractor and shall, at the Contractor's sole cost and expense, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the Work, obtain all necessary permits and licenses therefore, pay all manufacturers' taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries or any remuneration paid to Contractor's employees, whether levied under existing or subsequently enacted laws, rules or regulations. The Contractor shall also pay all property tax assessments on materials or equipment used until Acceptance by the City. If any discrepancy or inconsistency is discovered in the Plans or Specifications, or in this Contract in relation to any such law, rule, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. The Contractor shall also protect, defend, and indemnify the City, the Engineer, and all of the City's officers, agents, and servants against any claim or liability arising from or based upon the violation of any such law, rule, ordinance, regulation, order, or decree, whether by the Contractor or by its employees. Particular attention is called to the following:
A. Without limitation, materials furnished and performance by Contractor hereunder shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor, and any other applicable Federal regulations.
B. The Contractor, upon request shall furnish evidence satisfactory to the City and Engineer that any or all of the foregoing obligations have been or are being fulfilled. The Contractor warrants to the City that he is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that he has, and will have, throughout the progress of the Work, the necessary experience, skill, and financial resources to enable him to perform this Contract. The same requirement applies to all levels of Subcontractors which the Contractor or Contractor’s Subcontractors contracts with who are used in the construction work under this Contract.
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C. Contractor is required to ensure that material safety data sheets (MSDS’s) for any material requiring a material safety data sheet pursuant to any federal or state law are available in a readily accessible place on the Project premises. Contractor is also required to ensure:
1. The proper labeling of any substance brought onto the Project premises by Contractor or any Subcontractors and
2. That the person(s) working with the material, or within the general area of the material, are appropriately informed and instructed about the hazards of the substance and follow proper handling and protection procedures.
D. Contractor is required to comply with the provisions of California Health and Safety Code Section 25249.5 et seq. (Prop. 65), which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer.
5.02 PREVAILING WAGE
A. The Contractor shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or Subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775 which is incorporated herein by reference. Copies of the current schedules for prevailing wages are on file in the City office, shall be made available to any interested party on request, and the contents of those schedules are included herein as if set forth in full.
B. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in these General Conditions. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Engineer, or the City’s agents, be considered as the basis of a claim against the City.
C. The Contractor agrees to follow the instructions of the City’s labor compliance officer until notified otherwise in writing by the City.
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D. The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. Copies of the applicable prevailing wage rate determinations are made available to the Contractor and Subcontractor at the Pre-Job Conference Meeting.
The Contractor shall post a copy of this document of the prevailing wages at each job site, along with a CMU work place poster, printed on 8 1/2” X 11” paper or larger, in accordance with California Code of Regulations, Title 8, section 16451(d).
5.03 PREVAILING WAGE RECORDS
A. The Work is subject to monitoring and enforcement of prevailing wage requirements by the CA Department of Industrial Relations (“DIR”) and the following provisions will apply:
1. Contractor and Subcontractors shall maintain and furnish to the DIR, a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports in PDF form shall be transmitted electronically to the DIR after first registering at http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html. The provisions of Labor Code section 1776 are incorporated herein by reference.
2. The CITY and the DIR shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. The DIR will notify the Contractor or Subcontractor(s), as appropriate) of any noncompliance, in order for all such Contractor or Subcontractor(s) to correct the noncompliance.
3. The City shall withhold payments when payroll records are delinquent or inadequate.
4. The City shall withhold payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.
5. The City shall cooperate with the DIR and Division of Labor Standards Enforcement ("DLSE") in any investigation of suspected violations of prevailing wage requirements.
6. As directed by the DLSE Labor Commissioner, the City shall withhold Contract payments equal to the payments due or estimated to be due to the Contractor or Subcontractors whose payroll records are delinquent or inadequate, plus FBD Vanguard Construction, Inc.
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any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or Subcontractors. The Contractor shall be required to withhold payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured such delinquency or deficiency.
7. These payroll records shall be made available to the City’s representatives.
These records shall be maintained during the course of the Work. The Contractor and all Subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.
8. The Contractor shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all Subcontractors and any lower tier Subcontractors. a. The Project will not be accepted as complete by the City nor final payment made until all items of non-compliance are corrected or until appropriate provision is made by depository agreement to assure the ultimate resolution and payment of any back wages that may be found due.
B. A pre-construction conference shall be conducted before commencement of the Work with the Contractor and Subcontractors at which time the prevailing wage requirements will be reviewed and agreed by all the parties.
5.04 LABOR DISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows: “A Contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.” FBD Vanguard Construction, Inc.
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5.05 EIGHT-HOUR DAY LIMITATION
A. In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight (8) hours labor shall constitute a day's work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half (1 ½) times the basic rate of pay.
B. The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Work. This record shall be open at all reasonable hours to the inspection of the City, State and Federal officers and agents. It is hereby further agreed that, except as provided in 5.05A above, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each worker employed in the performance of this Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.
5.06 COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF APPRENTICES The Contractor's attention is directed to Section 1777.5 of the Labor Code. Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into these Specifications. As applicable, the Contractor or any Subcontractor employed by the Contractor in the performance of the Work shall take such actions as necessary to comply with the provisions of Section 1777.5.
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5.07 UNDERGROUND UTILITIES
A. In accordance with Government Code Section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities.
Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities.
B. The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor's negligence shall be repaired or restored to their original condition at the Contractor's sole expense.
Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer.
C. The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable.
D. The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire, and other structures. The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 811.
E. The Contractor is advised that the State of California does not participate in USA. The Contractor is required to notify Caltrans Permits Branch (916) 322-1297 for the location of State facilities.
F. The Contractor shall not proceed with work until utility facilities involved have been located, disconnected, or otherwise adjusted by utility representatives.
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G. The City Public Works Department Utility Maintenance Division will make repairs to all City owned utilities damaged by the Contractor during the course of construction unless directed otherwise by the Engineer. Except as otherwise provided in this Section, the Contractor shall be required to pay all labor, material and equipment costs incurred by the Utilities Maintenance Division for the repairs made to damaged water service laterals and water mains. The City will bill the Contractor for the repairs and the bills will be paid by the Contractor prior to either the next monthly progress payment or prior to the final payment, whichever comes first. The Contractor shall provide to the Engineer proof of payment of the repair bills prior to the issuance of either the monthly progress payment or final payment. The current labor and equipment rates for the City Public Works Department Utility Maintenance Division will be made available to the Contractor at the preconstruction conference. The City shall have the right to deduct the total amount of any unpaid City repair bill from the money due or to become due the Contractor.
H. The Contractor is responsible for having a private Utility Locator mark the location of all underground facilities outside of the City street right-of-way prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures on any private property. Minor utilities with surface features (i.e. irrigation & electrical pull boxes) within and beyond the right-of-way should be located and marked by the Contractor if left unmarked by the utility purveyor.
I. The Contractor shall coordinate his activities in a manner that will provide the least interference with the City's operations, other contractors and utility companies working in the area, and agencies exercising jurisdiction over the project area or portions thereof. Contractor shall be responsible for coordination of relocation or adjustments of any facilities within the project limits. At a minimum the Contractor shall coordinate their operations with the USA at 811 and all utilities referenced on the project construction plans J. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in locating existing underground facilities within the City right-of-way and on private property as specified in these General Conditions shall be considered as included in the contract prices paid for various contract items of work involved and no additional compensation will be allowed.
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5.08 WATER POLLUTION
The Contractor shall exercise every reasonable precaution to protect wetlands, streams, lakes, reservoirs, and canals from pollution with fuels, oils, bitumens, calcium chloride, and other harmful materials and shall conduct and schedule his operations so as to avoid or minimize muddying and silting of said wetlands, streams, lakes, reservoirs, and canals. Care shall be exercised to preserve vegetation beyond the limits of construction. The Contractor shall comply with Section 5650 of the California Fish and Game Code and all other applicable statutes and regulations relating to the prevention and abatement of water pollution.
Before starting any work on the project, the Contractor shall submit, for acceptance by the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP) to control water pollution effectively during construction of the project. The SWPPP or WPCP shall show all water pollution control measures which the Contractor proposes to take in connection with the construction of the project to minimize the effects of construction runoff during operations. The Contractor shall not perform any clearing or grubbing or earthwork on the project, other than that specifically authorized in writing by the City Engineer, until the program has been accepted and implemented.
Submittal: Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP) – depending on project size.
The provisions in Section 13 “Water Pollution Control” of the State Standard Specifications shall apply to this contract unless otherwise stated in the Bid Documents. The SWPPP or WPCP shall specify Best Management Practices (BMPs) that will prevent all construction pollutants from contacting storm water before, during, and post-construction with the intent of keeping all products of erosion from moving off site into receiving waters. Work also includes complying with the project SWPPP or WPCP provisions and providing a current approved copy which shall be on site during the duration of the project at all times. All work shall conform to City Standard Specifications and Details, the Caltrans Standard Specifications, these General Conditions, the California Environmental Protection Agency, and as directed by the City Engineer.
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5.09 PAYMENT OF TAXES
The Contract prices paid for the Work shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by federal, state, or local governments.
5.10 PERMITS AND LICENSES
A. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the lawful prosecution of the work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. The Contractor shall, at a minimum, possess and maintain the licenses and permits set forth in the Contract Provisions.
B. The Contractor shall possess a Class "A" General Engineering Contractor's License in the State of California, unless otherwise stated in the Contract Bid documents.
C. The Contractor is responsible for obtaining a City of West Sacramento business license and furnishing a copy to the Engineer prior to the commencement of work.
D. The Contractor is responsible for obtaining a City Encroachment Permit to do the work and complying with all conditions and requirements of the permit. The Contractor will not be charged a fee for this permit.
E. The Contractor is responsible for obtaining a Caltrans Rider Encroachment Permit to do all work within Caltrans Right of Way and complying with all conditions and requirements of the permit. The Contractor will not be charged a fee for this permit.
F. The Contractor is responsible for obtaining a City Fire Hydrant Permit for construction water, prior to construction. The permit for temporary construction water shall be obtained at the City Public Works office located at 4300 West Capitol Avenue, West Sacramento; Phone: (916) 617-4850. The Contractor shall be held to all responsibilities and conditions of the Fire Hydrant Permit and the Hydrant Meter Policy. The Fire Hydrant Permit will be provided to the Contractor free of charge but there will be a refundable $1,725 deposit required. The temporary water permit, obtained prior to construction, may be charged against the project Work Order Number. All City equipment issued to the Contractor under the Fire Hydrant Permit shall be returned to the City prior to issuance of the Contract final payment. All costs for repair and/or replacement of any lost or damaged City equipment, including repair of hydrants damaged as a result of use by the Contractor, shall be deducted from the Contractor’s final payment.
G. The Contractor shall be responsible for submitting a completed Industrial Discharge Permit Application to Sacramento County Wastewater Source Control Section for all anticipated discharges of chlorinated water into the City sanitary sewer system. The permit FBD Vanguard Construction, Inc.
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application will require data on allowable flows into the system, times of discharge, concentrations of chlorine, etc. For information on obtaining an Industrial Discharge Permit Application contact Sacramento County Wastewater Source Control Section at (916) 876- 6522.
5.11 PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated into the Work, and agrees to indemnify, defend, and save harmless the City, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of, the use of any patented materials, equipment, devices, or processes.
5.12 PUBLIC CONVENIENCE
A. This section defines the Contractor's responsibility with regard to convenience of the public and public traffic in connection with its operations.
B. The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be properly prosecuted with due regard to the rights of the public.
C. Notification of Residents and Businesses: Proper and timely notification of residents and businesses in the project areas is of utmost importance to the City. It is the responsibility of the Contractor to ensure that all residents and businesses in the project area receive written notice detailing streets, description of work, dates and hours of work, at least forty-eight (48) hours prior to the commencement of work. If the Contractor anticipates any delay in the work that exceeds the forty-eight (48) hour notice, the Contractor shall submit another notice to the resident or business indicating the extended window of delay. There shall be a limit of no more than forty-eight (48) hours for the extended window notification. Notifications are required.
E. The Contractor shall make every reasonable effort to ensure that written notification is received and acknowledged by residents and businesses located in the construction zone. The notification must be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.
Submittals: Notification to residents and businesses shall be submitted to the Engineer five (5) business days prior to the start of the notification period.
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Notification to residents and businesses of extension of delay shall be submitted to the Engineer five (5) business days prior to the start of the notification period.
D. The Contractor shall maintain property access to all residences, businesses, and schools at all times unless approved otherwise by the Engineer. All portions of the driveway, concrete, and sidewalk removed during progress of work shall be replaced within a maximum of five (5) days after concrete is removed. The section removed shall be backfilled with temporary material if work is delayed or anticipated to take longer than maximum allowable days. Notification shall be made to the residents or businesses at least forty-eight (48) hours prior to commencement of work and shall include when the concrete will be poured and completed.
Upon approval by the City Engineer, access to certain properties may be temporarily closed if all of the following conditions can be met:
i. No options exist to maintain property access and complete the project. ii. Contractor has discussed the closure with the business owner in person. iii. Residents or business owners have been notified in writing at least seven (7) calendar days in advance of the time and length of closure. iv. Residents or business owners have been reminded of the closure in writing at least two (2) working days prior to the actual closure. v. Contractor has provided business with a contractor name and number to call with questions regarding the closure.
E. Full and temporary closures require a minimum of forty-eight (48) hour notification to residents and shall be re-opened to the public with the least amount of inconvenience.
Temporary access may be required for emergency vehicles at any time.
The Contractor shall inform the City Fire and Police Departments, Yolo Bus, Washington Unified School District, and Waste Management at least two (2) working days prior to the commencement of construction activities.
The Contractor shall not impair or impede refuse and recycling operations scheduled to be conducted within the project area. It is the Contractor's responsibility to determine which waste hauler and recycling operators are scheduled to operate within the FBD Vanguard Construction, Inc.
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project area and to develop a project schedule that will not impair or impede the waste hauler or recycling operations. The Contractor shall inform all residents not to leave yard waste on the street until the scheduled pick-up day. If the yard waste is left on the streets, it shall be the Contractor's responsibility to remove or arrange for proper removal of the items at no additional cost to the City. Likewise, if the waste hauler or recycling operations must return for pick-up due to Contractor activity, any additional charges shall be the responsibility of the Contractor.
F. Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the Work with as little inconvenience and delay as possible. In order to expedite the passage of public traffic through or around the work, the Contractor shall install as appropriate signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flaggers whose sole duties shall consist of directing the movement of public traffic through or around the Work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flaggers, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed.
G. Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense.
H. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
I. Noise control shall conform to the provisions in Section 14-8.02, "Noise Control" of the State Standard Specifications and these Special Provisions. This requirement in no way relieves the Contractor from responsibility for complying with all ordinances regulating noise level.
The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
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J. Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner's access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable. These requirements are in addition to paragraph D. above.
K. Water shall be supplied for the alleviation or prevention of dust nuisance as provided in the Contract Documents or directed by the City Engineer. Any water obtained from a fire hydrant within the City of West Sacramento shall be subject to a fire hydrant permit issued by the Public Works Department of the City of West Sacramento. Obtaining a City Fire Permit is described in Section 5.10 F. above.
Air pollution control shall conform to the provisions in Section 14-9.02, "Air Pollution Control," of the State Standard Specifications.
Dust control shall conform to the provisions in Section 14-11.04, "Dust Control," of the State Standard Specifications and these Special Provisions.
L. All mud and debris shall be removed by regular sweeping and vacuuming in the construction area and along the materials hauling routes. All materials transported by truck shall be covered or wetted down. All inactive portions of exposed construction or staging site shall be watered with appropriate dust suppressant or covered. During periods of high winds when dust control measures are unable to avoid visible dust plumes, all earthmoving or other dust-producing activities shall be suspended. Sweeping activities shall conform to the provisions in Section 13-4.03F, “Sweeping,” of the State Standard Specifications.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
M. Flaggers and guards, while assigned to traffic control, shall perform their duties, and shall be provided with the necessary equipment in accordance with the current "Flagging Instruction Handbook" of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense.
N. All traffic control shall be in accordance with the California Manual on Uniform Traffic Control Devices (California MUTCD, latest edition) Part 6 and this Section 5.12.
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1. Traffic Control Plans
Traffic Control Plans. Prior to starting work, the Contractor shall submit to the Engineer a proposed detailed Traffic Control Plan (TCP) for approval. The TCP shall include, but not limited to, signing, pavement markings, construction scheduling, temporary barricades, methods and devices for permanent and temporary delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection, and be in accordance with the State of California, Department of Transportation Standard Specifications latest edition adopted and the California Manual on Uniform Traffic Controls Devices (California MUTCD - latest edition adopted) and this section. The TCP shall be prepared by a CA Registered Civil or Traffic Engineer and be submitted to the Engineer at least five (5) working days prior to the start of work to allow for an approved TCP a minimum of two (2) working days prior to the start of any work. The TCP requirement for preparation by a Registered Engineer may be waived by the City Engineer for small or non-complex construction projects.
All proposed street closures shall be clearly identified in the TCP and shall conform to the section “Traffic Control Devices and Procedures” and these General Conditions and Special Provisions (as appropriate). Construction area signs for street closure and detours shall be posted a minimum of five (5) days prior to the commencement of street closure. The Contractor shall maintain safe pedestrian traffic through the project limit at all times.
2. Traffic Control Devices and Procedures
Traffic control devices and procedures shall conform to the California Manual of Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. Noncompliance with any stipulation of this Section will be justification for the City to stop work.
Construction area signs shall be furnished, installed, maintained, and removed when no longer required by the Contractor in accordance with the provisions in Section 12, "Temporary Traffic Control" of the State Standard Specifications and these General Conditions.
The Contractor shall install all construction area signs as shown on the TCP within two (2) working days of issuance by the City of the Notice to Proceed for the Contract, unless otherwise approved by the Engineer.
The Contractor shall notify the appropriate regional notification center or operators of subsurface installations at least two (2) working days, but not more FBD Vanguard Construction, Inc.
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than fourteen (14) calendar days, prior to commencing any excavation of construction area sign posts. Regional notification centers include but are not limited to the following:
Notification Center Telephone
Underground Service Alert -
Northern California (USA)
1(800) 227-2600 or 811
All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.
Utility denotations placed within project limits shall be removed prior to completion of work.
Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under "Prequalified and Tested Signing and Delineation Materials" in Section 20.09 of Division IV of the City Standard Specifications.
Type IV retroreflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under "Prequalified and Tested Signing and Delineation Materials" in Section 20.09 of Division IV of the City Standard Specifications.
Full compensation for providing all of the labor, tools, equipment, materials and incidentals and for doing all the work involved in construction area signs shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.
Barricades shall be furnished, placed, and maintained at the locations designated by the Engineer, or as required by construction work shown on the plans and shall conform to the provisions in Section 12, “Temporary Traffic Control” of the State Standard Specifications and these General Conditions.
Portable delineators shall be furnished, placed, and maintained at the locations designated by the Engineer, or as required by construction work shown on the FBD Vanguard Construction, Inc.
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plans and shall conform to the provisions in Section 12, “Temporary Traffic Control” of the State Standard Specifications and these General Conditions.
Type II retroreflective sheeting for stripes on barricade rail faces shall conform to the requirements specified under “Prequalified and Tested Signing and Delineation Materials” in Section 20.09 of Division IV of the City Standard Specifications.
Construction area signs conforming to the requirements in Section 12-3, “Temporary Traffic Control Devices” of the State Standard Specifications shall be installed on barricades as directed by the Engineer at the locations or as required by construction work shown on the plans.
Full compensation for furnishing, installing, maintaining, and removing barricades and portable delineators, and mounting and removing construction area signs on barricades shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.
Traffic Cones shall conform to the provisions in Section 12-3.02, “Traffic Cones,” of the State Standard Specifications.
The type of reflective cone sleeves used shall be at the option of the Contractor. However, only one type of reflective cone sleeve shall be used on the project.
Lane closures shall conform to the provisions in Section 5.12 N. (4) below.
Work shall not commence at any given location until warning signs, appropriate traffic control devices and flaggers, if required, are in proper position and approved by the Engineer. All signs shall be reflectorized and be visible and legible for a distance of three hundred (300) feet at night. Flaggers shall be stationed at cross streets where necessary.
The Contractor’s failure to comply with the above requirements will be sufficient cause for the Engineer to immediately suspend work until compliance is achieved.
Personal vehicles of the Contractor’s employees shall not be parked in the traveled way including any section closed to public traffic.
Flaggers are mandatory at locations where equipment is intermittently blocking a traffic lane, or where only one lane is available for two-direction traffic.
One flagger is required for each direction of traffic affected where only one FBD Vanguard Construction, Inc.
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lane is available or when required by the Engineer. When less than 20 feet of street width is available for two-directional traffic, one lane control shall be imposed with appropriate flaggers. Flaggers shall wear approved distinctive clothing. Flaggers shall be provided with the necessary equipment in accordance with the current “Instructions to Flaggers” of the California Department of Transportation.
Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at twenty-five (25) foot intervals to a point not less than twenty-five (25) feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.
The Contractor shall be solely responsible for traffic control, and non-compliance with any stipulation of this section will be justification for the City to stop work.
3. Elimination of On-Street Parking
Closure/Use of On-Street Parking and Removal/Relocation of Parking Meters.
The Contractor shall apply for the closure/use of on-street parking and/or removal/relocation of parking meters at www.WestSacPark.org or by emailing [email protected].
Upon approval and payment of applicable fees, the Contractor shall post notification for the elimination of on-street parking, if required, at least seventytwo (72) hours, but not more than one hundred and twenty (120) hours prior to the start of work.
Notification Requirements:
The notification must follow the current California Manual on Uniform Traffic Control Devices ("MUTCD") standard and be a 12" x 18" red and white "TowAway No Parking" sign, stating:
"Tow-Away No Parking (insert date and timeframe) For Towed Vehicles Phone (916) 372-3375"
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The sign must be affixed on both sides of a Type II barricade placed within the on-street parking lane, with a maximum spacing of 40 feet.
Alternative placement methods require prior approval from the Parking Manager.
The Contractor shall periodically, but at a minimum once per day every day they are working on the project site, check for missing, collapsed, damaged, or improperly placed signs and make necessary corrections to ensure compliance with this section.
Once the no parking period ends, the Contractor shall promptly remove the Type II barricade(s) within 48 business hours.
All notifications shall be in a form approved by the Engineer and Parking Manager.
Failure to comply with any stipulations in this section will be justification for the City to stop work.
4. Lane Closures
All lane closures shall be included in the Traffic Control Plans and shall both conform to Section 5.12 N.2. above and be approved by the Engineer. Total road closures will not be allowed for the Project unless specifically detailed on the project plans or formal written permission is granted by the Engineer specifically detailing the total time of closure, including date of closure and reopening.
Traffic Control System shall include closing of traffic lanes in accordance with construction work shown on the plans, the provisions of Section 12, “Temporary Traffic Control,” of the State Standard Specifications, and these General Conditions.
The provisions in this section will not relieve the Contractor from the responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7 1.04, “Public Safety,” of the State Standard Specifications or as directed by the Engineer.
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Each vehicle used to place, maintain and remove components of a traffic control system on multilane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with Type II flashing arrow sign not involved in placing, maintaining, or removing the components when operated within a stationary type lane closure shall only display the caution display mode. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shall not be used on the vehicles which are doing the placing, maintaining, and removing, of components of a traffic control system, and shall be in place before a lane closure requiring its use is completed.
If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component and shall restore the component to its original location.
When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder.
5. Measurement and Payment
Unless specifically shown as an item of work on the proposal form, all work defined in this Section, including property notifications, lane closures, and other traffic control activities, including all labor, materials and equipment, shall be considered included in the contract lump sum price paid for Traffic Control System” and other items of work and no additional compensation will be allowed, therefore.
5.13 CONTINUOUS OPERABILITY OF FACILITIES
Absent written permission by the Engineer, the continuous operation of all existing facilities is required and shall in no way be affected by the Work.
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5.14 SAFETY
A. General
1. The Contractor shall be solely and completely responsible for the conditions of the job Site, including safety of all persons and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable Federal, State, and local laws, ordinances, and codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work.
2. The services of the Engineer in conducting construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person.
3. The Contractor shall carefully instruct all personnel working in potentially hazardous work areas, materials, equipment, or tools as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.
4. All work and materials shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes.
5. Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosionproof electrical installation is required by law, this shall be provided.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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6. The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site.
7. The Contractor shall submit a health and safety plan to the Engineer prior to commencement of the work. This health and safety plan shall describe all first aid, safety clothing, etc. to be used at the Project Site. The health and safety plan shall also include measures to control work exposure to soil and measures to control airborne dust, prevent toxic ingestion, and control runoff.
Submittals: The Contractor shall provide a Health and Safety Plan prior to start of construction.
B. Shoring and Trench Safety Plan
1. Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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2. In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five (5) feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer working drawings of his trench safety plan. The trench safety plan working drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors.
5.15 BLASTING
Except for exceptional circumstances, blasting shall be prohibited. Accordingly, Bids should be prepared on the basis that no blasting will be permitted. Should blasting be required and expressly approved by the City, the City will issue a Change Order for blasting work.
5.16 INTOXICATING LIQUORS AND NARCOTICS
The Contractor shall not sell, permit, or suffer the introduction or use of intoxicating liquors, or narcotics upon or about the Site.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
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5.17 PROTECTION OF PERSONS AND PROPERTY
A. The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery, and other landscape improvements that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the City's property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored, at the Contractor's expense, to a condition at least as good as the condition they were in prior to the start of the Contractor's operations.
B. The Contractor shall adopt all practical means to minimize interference to traffic and public inconvenience, discomfort, or damage. The Contractor shall protect against damage to any pipes, conduits or other structures crossing the trenching or encountered in the Work and shall be responsible for any damage done to such pipes or structures, or damage to property resulting therefrom. The Contractor shall support, repair, or replace any such structures without delay and without any additional compensation to the entire satisfaction of the Engineer. All obstructions to traffic shall be guarded by barriers illuminated at night. The Contractor shall be responsible for all damage to persons and property directly or indirectly caused by his operations and, under all circumstances, Contractor must comply with the laws and regulations of the State of California relative to safety of persons and property and the interruption of traffic and the convenience of the public within the respective jurisdictions.
C. The Contractor is cautioned that it must replace all improvements in rights-of-way and within the public streets to a condition at least equal to what existed prior to his entry onto the job.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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D. Type and time of construction required at any road subject to interference by the work will be determined by those authorities responsible for maintenance of said road. It shall be the responsibility of the Contractor to determine the nature and extent of all such requirements, including provision of temporary detours as required; however, the construction right-of-way obtained by the City at affected roadways will be adequate for provision of all required detours. As required at any road crossing, the Contractor shall provide all necessary flaggers, guardrails, barricades, signals, warning signs and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of materials. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization and dust control measures, as required and directed.
E. The Contractor shall examine all bridges, culverts, and other structures over which he will move his materials and equipment, and before using them, Contractor shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations.
5.18 RESPONSIBILITY FOR REPAIR OF FACILITIES
All public or private facilities, including but not limited to, gravel surfacing at existing canals, structures, telephone cables, roadways, curbs, gutters, parking lots, private drives, levees and embankments for creeks, ponds and reservoirs disturbed during construction of the work shall be repaired and/or replaced by the Contractor to match facilities existing prior to construction. In addition, the Contractor shall be responsible for any settlement damage to such facilities or adjoining areas for a period of one (1) year after acceptance of such required facilities.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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The Contractor shall be required to document all existing structures, facilities, frontages, and backyards including curb & gutter, sidewalk, driveways, fences, patios, walkways and landscaping on video and/or digital photos. The videotape will be used to determine damages caused by the Contractor’s construction operations that will be repaired at the Contractor’s cost. It is to the Contractor’s advantage to have a detailed video of any existing damage so that its cause will not be disputed. Any damages or claims submitted to the City to existing structures, equipment, vehicles, facilities, frontages, and backyards not clearly depicted in the video will be the responsibility of the Contractor to repair at his cost. A copy of said video tape shall be submitted to the City prior to the start of construction.
Submittals: The Contractor shall provide a Video and Digital Photos of Existing Improvements prior to start of construction.
5.19 CITY’S REPAIR
In the event the Contractor refuses or neglects to make good any loss or damage for which he is responsible under this Contract, the City may itself or by the employment of others, make good any such loss or damage, and the cost and expense of doing so, including any reasonable engineering, legal and other consultant fees, and any costs of administrative and managerial services, shall be charged to the Contractor. Such costs and expenses may be deducted by the City from claims for payment made by the Contractor for work completed or remaining to be completed.
5.20 ANTITRUST CLAIM ASSIGNMENT
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this contract, the Contractor and all Subcontractors shall offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
315
5.21 WAIVER OF RIGHT TO RESCIND FOR MATERIAL BREACH
The Contractor agrees that it can be adequately compensated by money damages for any breach of this Contract which may be committed by the City and hereby agrees that no default, act, or omission of the City or the Engineer, shall constitute a material breach of the Contract entitling the Contractor to cancel or rescind the provisions of this Contract or (unless the City shall so consent or direct in writing) to suspend or abandon performance of all or any part of the Work. The Contractor hereby waives any and all rights and remedies to which it might otherwise be or become entitled, save only its right to money damages.
5.22 CONTRACTOR’S LICENSE NOTICE
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO:
DEPARTMENT OF CONSUMER AFFAIRS
CONTRACTORS’ STATE LICENSE BOARD
9821 BUSINESS PARK DRIVE
SACRAMENTO, CALIFORNIA 95827
MAILING ADDRESS
P.O. BOX 26000
SACARMENTO, CALIFORNIA 95826
5.23 HISTORICAL, SCIENTIFIC, AND ARCHEOLOGICAL DISCOVERIES All articles of historical or scientific value, including but not limited to coins, fossils, and articles of antiquity which may be uncovered by the Contractor during the progress of work, shall become City property. Such findings shall be reported immediately to the Engineer who will determine the method of removal, where necessary, and the final disposition thereof. The Contractor shall stop work and report immediately to the Engineer in case of discovery of human remains and inadvertent discovery of archaeological resources.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
316
A pre-construction tribal cultural resources awareness training program may be required for all consultants and contractors involved in the project.
5.24 INSURANCE
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, their agents, representatives, employees, or Subcontractors. The amount of insurance required shall be in accordance with the bid and contract documents or in accordance with the City of West Sacramento Certificate of Insurance Requirements for Standard City Contracts, whichever is greater. The cost of such insurance shall be included in the Contractor's bid.
A. Neither the Contractor nor any Subcontractors shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best's rating of no less than A:VII.
B. Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period.
C. Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City.
The City may require the Contractor or any Subcontractor to furnish complete certified copies of all insurance policies affecting the coverage required by the Contract.
D. All of the Contractor's policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
E. Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer's right to subrogation against the City and the Engineer.
F. The requirements as to the types, limits, and the City's approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract.
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G. In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract.
H. The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract.
1. Worker's Compensation and Employer's Liability Insurance a. Worker's Compensation
The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Worker's Compensation and Employer's Liability Acts, including Longshoremen's and Harbor Workers' Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Claims Against City
If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the said Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor.
2. Commercial General and Automobile Liability Insurance FBD Vanguard Construction, Inc.
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The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverage’s and limits of Commercial General and Automobile Liability insurance:
a. Form and Amount
The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance required shall be in accordance with the bid and contract documents or in accordance with the City of West Sacramento Certificate of Insurance Requirements for Standard City Contracts, whichever is greater applying to bodily injury, personal injury, and property damage, or any combination of the three. Any deductibles must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses.
The commercial general and automobile liability insurance coverage shall also include the following:
b. Additional Requirements
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i) Provision or endorsement naming the City, the Engineer and its consultants, and each of their officers, employees, and agents, each as additional insured’s with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss unless and until all limits available under the Contractor's and Subcontractor's insurance policy/policies have been paid. The additional insured coverage and under this Contractor’s policy shall be “primary and non-contributory” and will not seek contribution for the City’s insurance or self-insurance shall be at least as broad as CG 20 01 04 13. ii) "Cross Liability" or "Severability of Interest" clause. iii) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverage’s, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the "XCU" hazards. iv) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section 5.25, “Indemnity and Litigation Costs.” v) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.
vi) Provision or endorsements stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect the coverage provide to the City, its officers, officials, employees, or volunteers.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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vii) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3. Builder’s Risk or Installation Floater “All-Risk” Insurance Before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder's Risk "AllRisk" Completed Value Insurance and/or Inland Marine "All-Risk" Installation Floater Insurance, as may be applicable, upon the entire project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City, and Engineer as insured’s as their respective interests may appear, and shall include an insurer's waiver of subrogation rights in favor of each. Such insurance may have a deductible clause, but the amount of the deductible shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter's requirements.
5.25 INDEMNITY AND LITIGATION COST
A. Promptly upon execution of the Contract, the Contractor specifically obligates itself and hereby agrees to protect, hold free and harmless, defend and indemnify the City, the Engineer and his consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees, which arise out of or are in any way connected with the Contractor's, or his Subcontractors' or suppliers', performance of work under this Contract or failure to comply with any of the obligations contained in the Contract. This indemnity shall imply no reciprocal right of the Contractor in any action on the Contract pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions, whether active or passive, on the part of the Contractor or his agents, employees, representatives, or Subcontractor's agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. The Contractor’s obligation under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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B. In any and all claims against the City, the Engineer and each of their consultants, officers, employees and agents 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 under this Section shall not be limited in 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' Compensation statutes, disability benefit statutes or other employee benefit statutes.
5.26 PROTECTION OF WORK
A. The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or lost material and repair damaged parts of the Work or the same may be done at the Contractor's expense by the City and the Contractor and his sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of five percent (5%) of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of three point five (3.5) on the Richter Scale or by tidal waves; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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B. The Contractor shall effectively secure and protect adjacent property and structures, livestock, crops, and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining, and restoring gates and fencing shall be borne by the Contractor.
The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.
C. The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
D. The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or his employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor.
E. The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work.
F. The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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G. In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified under Section 2.07. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive.
Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified under Section 2.09.
H. Except as provided by Government Code Section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation, or protection, as the case may be, but the Contractor shall perform any such work in conformance with applicable provisions of Sections 2.08 and 2.09, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing.
I. Subject to the provisions of this Section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
324
5.27 ACCIDENTS
A. The Contractor shall provide and maintain, in accordance with Labor Code Section 6708 and OSHA requirements, adequate emergency first-aid treatment for his employees and anyone else who may be injured in connection with the Work.
B. The Contractor shall promptly report in writing to the Engineer all accidents whatsoever arising out of or in connection with, the performance of the Work, whether on or adjacent to the site, which caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death, serious injury, or serious damage are caused, the accident shall be reported immediately by, telephone or messenger to the City and the Engineer.
C. If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.
5.28 NO PERSONAL LIABILITY
Neither the City, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
325
ARTICLE 6: PROGRESS AND COMPLETION OF WORK
6.01 PROGRESS SCHEDULE
The Contractor shall provide a schedule describing in sufficient detail the activities of the contractor or any subcontractors working at the project site within ten (10) days after execution of the Contract. The schedule shall incorporate the number of working days, critical path, project approval turn-around times, along with City and public notification requirements. The Contractor shall submit look ahead schedules for each month that work is in progress. If the project goes five (5) working days out of schedule, an updated schedule must be re-submitted to the Engineer for approval. No progress payments will be made until a satisfactory schedule has been submitted and approved by the Engineer. If the Work falls behind the accepted schedule, the Contractor shall promptly take whatever actions are necessary to put project back on schedule. For delays or portions of delays for which the Contractor is responsible, no payment will be made or time extension allowed for increase in work force, equipment, and working hours needed to put the project on schedule.
The Contractor shall review, revise and resubmit the progress schedule at least once a month to reflect progress. In any event, Contractor shall submit, at any time during the contract period, a current schedule to the Engineer at the Engineer’s request. A three-week rolling schedule shall be provided by the Contractor at each progress meeting. The schedule shall provide an accurate representation of the work planned for the current week and subsequent two (2) weeks.
No progress payments will be made for any work performed until a satisfactory schedule has been submitted and approved by the Engineer. An updated schedule shall be required from the Contractor if the project falls ten (10) working days behind schedule.
If the Work falls five (5) days behind the accepted schedule, the Contractor shall promptly take whatever actions are necessary to put the project back on schedule.
For delays or portions of delays for which the Contractor is responsible, no payment will be made or time extension allowed for increase in work force, equipment, and working hours needed to put the project on schedule.
6.02 COMMENCEMENT AND PROGRESS OF THE WORK AND TIME OF COMPLETION A. Commencement
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The Contractor shall begin the Work after receiving a Notice to Proceed within the period of time set forth in the Contract Provisions. Thereafter, Contractor shall diligently prosecute the Work to completion as specified in the Contract Documents. The Engineer shall have the right to specify the locations where the Contractor shall start and proceed with the Work.
A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project, email addresses, and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.
Notwithstanding any other provisions of the Contract, the City shall not be obligated to accept or pay for any work furnished by the Contractor prior to the issuance of the Notice to Proceed whether or not the City has knowledge of the furnishing of such work. The Contractor shall not commence with work on this project until his Contract bonds and evidence of insurance comply with all Contract requirements and a Notice to Proceed has been issued.
The Contractor shall notify the Engineer in writing two (2) working days (forty-eight (48) hours) prior to commencement of work on the Project or scheduling work for a Saturday, Sunday, or City Holiday. Failure to provide said notification will void the City's obligation to provide inspection. Any work done in the absence of the City's Inspector shall be subject to rejection.
The Contractor is required to limit their work within City right-of-way to between the hours of 7:00 a.m. and 5:00 p.m. and on private property between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday. No work shall be allowed outside of these hours or on Saturdays or Sundays without prior written approval of the Engineer. The hours and days of work may be altered, by the Engineer, to accommodate the efficient movement of traffic, or to minimize the interruption of utility services, without any additional compensation to the Contractor.
B. Completion
All work under this Contract shall be completed within the period of time set forth in the Contract Provisions. The Contract shall be deemed completed when the Engineer has certified the completion of the Project as provided in Section 7.07 of these General Conditions.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
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6.03 SUSPENSION OF WORK
A. The Engineer may at any time, by notice in writing to the Contractor, suspend any part of the Work for such period of time as may be necessary to prevent improper execution of the Work on the project by the Contractor, his Subcontractors or agents, and the Contractor shall have no claim for damages or additional compensation on account of any such suspension.
B. The City may at any time suspend any part or all of the Work upon ten (10) days written notice to the Contractor, who shall thereupon discontinue all work suspended except for all operations to prevent loss or damage to work already executed as may be directed by the Engineer. Work shall be resumed by the Contractor after such suspension upon written notice from the City.
C. In the event of any suspension of the Work in whole or in part under subsection 6.03 B. above, the Contractor shall be entitled to an extension of time wherein to complete the Work to the extent of the delay caused to the Contractor thereby.
D. In the event the entire work shall be suspended by order of the City, as herein above provided, and shall remain so suspended for a period of sixty (60) consecutive days, through no fault of the Contractor, and notice to resume the Work shall not have been served on the Contractor as herein above provided, Contractor may, at their option, by written notice to the City, terminate the Contract in the same manner as if the termination had been initiated by the City, and the City shall have no claim for damages because of such termination of the Contract.
6.04 DELAY IN THE WORK – TIMELY EXTENSION
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any approved extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Sections 6.06 and 6.07, below.
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A. Excusable Delays. Excusable delays shall be delays in the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.05 below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may determine. The Contractor’s right to an extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such request within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Contractor’s sole and exclusive remedy for excusable delays.
B. Compensable delays. Compensable delays shall be delays in the Contractor’s work due to acts or neglect of the City, its employees or those under it by contract or otherwise, or by changes ordered in the work. In the event of a compensable delay, the time of completion shall be extended for such reasonable time as the City may determine. In addition, the Contractor may recover its direct costs as provided in Section 6.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such request from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
C. Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of the progress of that scheduled activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible. Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible.
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D. If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina.
E. The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.
F. The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the Contractor files a written protest with the Engineer within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such protest will be forwarded promptly to the City, which will issue a decision on each such protest. The City decision will be final. Pending the City decision, the Contractor shall proceed with its work in accordance with the Engineer’s ruling and/or instructions. It is hereby agreed that the Contractor’s failure to file a protest within fifteen (15) days of the Engineer’s ruling shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.
G. The number of days that are anticipated to be non-workable due to adverse weather conditions shall be as set forth in Section 6.04 D. above. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays.
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H. Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors, or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs.
I. A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another contractor employed by the City.
6.05. DAMAGES FOR DELAY
In the event of compensable delay, the City shall only be liable for idle equipment, idle workers and the necessary costs of transporting equipment. The City shall be liable to the extent that the compensable delay is concurrent with excusable delays or Contractor caused delays to the controlling operation. The allowable costs shall be as for force account work under Section 2.04 with the following exceptions:
A. The Delay Factor in the Labor Surcharge and Equipment Rental Rules applies to each equipment rental rate;
B. The daily number of payable hours shall equal the normal working hours during the delay, not to exceed eight (8) hours per day; and
C. No markups will be added.
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6.06 TERMINATION FOR CONVENIENCE
If at any time before completion of the Work, the City determines that it is either impossible or against the interests of the City to complete the Work, or if the Work is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as described below. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Work thus dispensed with, nor any other actually performed up to the time of discontinuance, including any Extra Work ordered by the Engineer to be done, nor for any claim for liquidated damages.
Termination of the Contract for Convenience and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
A. The Engineer will issue the Contractor a written notice signed by the Engineer, specifying that the Contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
1. Stop all Work under the Contract except that specifically directed to be completed prior to Acceptance.
2. Perform Work the Engineer deems necessary to secure the project for termination.
3. Remove equipment from the site of the Work.
4. Take such action as is necessary to protect materials from damage.
5. Notify all Subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
6. Provide the Engineer with an inventory list of all material previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request.
7. Dispose of material not yet used in the Work as directed by the Engineer.
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It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including material for which partial payment has been made and with bills of sale or other documents of title for such materials.
8. Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for material terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
9. Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
10. Take such other actions as the Engineer may direct.
B. Termination of the Contract shall not relieve the Contractor of responsibility for damage to materials except as follows:
1. The Contractor's responsibility for damage to materials for which partial payment has been made and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he or she has directed.
2. The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.
3. When the Engineer determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, he or she will recommend that the Engineer formally accept the Contract, and immediately upon and after such Acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of his or her Contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the Engineer.
C. The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
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1. The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of seven (7%) percent of Direct Costs of such Work.
2. A reasonable allowance for profit on the cost of the Work performed as determined under Section 6.06 A. above, provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that he or she would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed four (4%) percent of said cost.
3. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer.
4. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Subcontractors, necessary to determine compensation in accordance with this Section shall be open to inspection or audit by representatives of the City at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.
After Termination of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.
All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
D. The provisions of this section shall be included in all subcontracts.
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6.07 TERMINATION FOR DEFAULT
A. In the event of any default by the Contractor as described below, the City may, after giving ten (10) days' written notice to the Contractor, terminate the Contractor's right to proceed with the Work or any part of the Work in the City's sole discretion. Events of default include:
1. Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time.
2. Filing of bankruptcy by the Contractor, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Contractor's insolvency without discharge of the receiver within ten (10) days after its appointment.
3. Failure to make prompt payments to Subcontractors or suppliers.
4. Persistent disregard of laws, ordinances, or the instructions of the Engineer, or other substantial violation of any provision of the Contract.
B. In the event the right of the Contractor to proceed with the Work, or any portion thereof, has been terminated because of the default of the Contractor and the Contractor has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Contractor and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City.
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C. Upon termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Contractor in accordance with the terms of the Contract, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Contractor would otherwise have been paid, the Contractor and its sureties shall be liable to the City for the full amount of such excess expense.
D. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.
6.08 FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES A. Liquidated Damages
1. It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day's delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate of one thousand (1,000) dollars per day unless otherwise stated in the Contract Documents. The parties expressly agree that the liquidated damage clause found in the Contract Documents is reasonable under the circumstances existing at the time the Contract was made. The City shall have the right to deduct the amount of liquidated damages from any money due or to become due the Contractor.
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2. In addition, the City shall have the right to charge to the Contractor and to deduct from the final or progress payments for the Work the actual cost to the City of legal, engineering, inspection, superintendence, and other expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final inspection and preparation of the final estimate shall not be included in the charges.
B. Exclusions
Notwithstanding the provisions of Section 6.08 A., the Contractor shall not be liable for liquidated damages or delays caused by the removal or relocation of utilities when such removal or relocation is the responsibility of the City or the owner of the utility under Government Code section 4215.
6.09 CLEAN-UP
During the progress of the Work, the Contractor shall maintain the Site and related structures and equipment in a clean, orderly condition and free from unsightly accumulation of rubbish. All waste materials shall be removed daily from the Site and disposed of by the Contractor by any proper means at his own expense unless designated otherwise in the Contract documents or on the plans. No waste materials shall be placed in the public street right-of-way. Unless otherwise specified, all existing piping, materials and/or equipment removed pursuant to this Contract shall become the Contractor's property.
Upon completion of the Work and before the final estimate is submitted, the Contractor shall, at its own cost and expense, remove from the vicinity of the Work all plants, buildings, rubbish, unused work materials, concrete forms, and temporary bridging and other like materials, belonging to the Contractor or used under the Contractor's direction during the construction, and in the event of the Contractor's failure to do so, the same may be removed by the City after ten (10) calendar days’ notice to the Contractor. Such removal shall be at the expense of the Contractor.
The Contractor shall use care in the removal of materials and equipment so as not to cause damage to existing facilities and structures. Contractor shall assume liability for all such damage. Where the construction has crossed yards or driveways, restoration shall be by the Contractor to the complete satisfaction of the Engineer, at the Contractor's expense.
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The Contractor shall make its own arrangements for the disposal of waste materials.
If the Contractor elects to dispose of such materials on private property, Contractor shall obtain written permission from all property owners involved.
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ARTICLE 7: MEASUREMENT AND PAYMENT
7.01 MEASUREMENT OF QUANTITIES
A. Where the Contract provides for payment on a lump sum price basis, measurement of quantity will be based on a schedule of values provided by the Contractor. The schedule of values shall itemize components of the lump sum bid item. Where the Contract provides for payment on a unit price basis, the quantities of work performed at the end of each working day will be computed by the Contractor and the City Engineer on the basis of measurements taken of the work completed that day. These measurements shall be kept by the City Engineer in a daily quantity log and shall be initialed daily by the Contractor and the City.
B. All quantities of work computed under the Contract shall be based upon measurements by the Engineer according to United States Measurements and Weights.
C. Methods of measurement are specified herein and in the Technical Specifications.
D, Mobilization shall be measured, and payment issued according to Section 9 of the State Standard Specifications and Public Contract Code Sections 10104 and 10264.
7.02 SCOPE OF PAYMENT
A. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the Work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.
B. No compensation will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
C. The Work includes the preparatory work and operations needed for mobilization and demobilization of the Project. The Work, however, does not include establishing the Engineer’s field facility(s) of utility work and connections needed for these facilities.
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7.03 PROGRESS ESTIMATE
For each calendar month of Contract work, the Contractor will prepare a progress estimate of all work performed under the Contract. The progress estimate of all work performed under the Contract shall be accompanied by a quantity summary sheet, as determined by the City Engineer, for the bid items of work completed each day. Within the first ten (10) days of each succeeding calendar month, the Contractor will prepare in writing an estimate of the value of all work done under the Contract, including any amounts due the Contractor for Extra Work and Change Orders.
In order to assist the Engineer, the Contractor shall furnish the Engineer with copies of invoices for all such items delivered to the job site.
Monthly Progress estimates shall include updated progress schedules, lien releases from vendors and sub-contractors.
7.04 PROGRESS PAYMENTS
A. The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within thirty (30) days after receipt of an undisputed and properly submitted progress estimate from the Contractor unless the City has made a finding prebid pursuant to Public Contract Code section 7201 (b)(4) justifying a larger retention. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in Subdivision (A) of Section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and acceptance of all work under the Contract.
B. Upon receipt of a payment request, the City shall act in accordance with both of the following:
1. Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this Section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
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C. The number of days available to the City to make a payment without incurring interest pursuant to this Section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph B.2. above.
D. The Contractor may, in accordance with the provisions of Public Contracts Code Section 22300, substitute securities for any monies which the City may withhold to insure performance under the Contract.
E. When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand ($1,000) dollars, no pay estimate will be prepared, and no progress payment will be made.
F. No progress estimate or payment shall be considered to be an approval or acceptance of any work, materials, or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment.
G. It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall construed to be an acceptance of any defective or incomplete work or improper materials.
7.05 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime Contractor or Subcontractor shall pay any Subcontractor not later than seven (7) days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors. The seven (7) days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the prime Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. This provision applies to both DBE and non-DBE Subcontractors.
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7.06 LIENS AND STOP NOTICES
The Contractor agrees to keep the Work, the site of the Work and all monies held by the City free and clear of all liens and stop notices related to labor and materials furnished in connection with the Work, if permitted by law. Furthermore, the Contractor waives any right it may have to file any type of lien or stop notice in connection with the Work. Notwithstanding anything to the contrary contained in the Contract Documents, if any such lien or stop notice is filed or there is evidence to believe that lien or stop notice may be filed at any time during the progress of the Work or within the duration of this Contract, the City may refuse to make any payment otherwise due the Contractor or may withhold any payment due the Contractor a sum sufficient in the opinion of the City to pay all obligations and expenses necessary to satisfy such lien or stop notice. The City may withhold such payment unless or until the Contractor, within ten (10) days after demand therefor by the City, shall furnish satisfactory evidence that the indebtedness and any lien or stop notice in respect thereof has been satisfied, discharged and released of record, or that the Contractor has legally caused such lien or stop notice to be released of record pending the resolution of any dispute between the Contractor and any person or persons filing such lien or stop notice. If the Contractor shall fail to furnish such satisfactory evidence within ten (10) days of the demand therefor, the City may discharge such indebtedness and deduct the amount thereof, together with any and all losses, costs and damages suffered or incurred by the City from any sum payable to the Contractor under the Contract documents, including but not limited to final payment and retained percentage. This Section shall be specifically included in all Subcontracts and purchase orders entered into by the Contractor or any tier subcontractor on the project.
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7.07 FINAL ACCEPTANCE AND DATE OF COMPLETION
Whenever the Contractor shall deem all Work under this Contract to have been completed in accordance therewith, the Contractor shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether the Work has been satisfactorily completed and, if not, shall advise the Contractor in detail and in writing of any additional work required. When all the provisions of the Contract have been fully complied with, to the satisfaction of the Engineer, the Engineer shall proceed with all reasonable diligence to determine accurately the total value of all Work performed by the Contractor at the prices set forth in the Contract or fixed by Change Orders, and the total value of all extra work, all in accordance with the Contract. The Engineer will then certify to said final estimate and to the completion of the Work and will file copies thereof with the City and the Contractor and shall cause Notice of Completion to be filed with the Yolo County Clerk-Recorder. The date of completion shall be the date of the Notice of Completion. All guarantees, warranties, and securities securing said guarantees and warranties, shall commence on said date.
7.08 RIGHT TO WITHHOLD PAYMENTS
A. In addition to all other rights and remedies of the City hereunder and by virtue of the law, the City may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the City from loss on account of:
1. Defective work not remedied, irrespective of when any such work be found to be defective;
2. Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code;
3. Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to subcontractors and/or suppliers;
4. A reasonable doubt that the Work can be completed for the balance then unearned;
5. A reasonable doubt that the Contractor will complete the Work within the agreed time limits;
6. Costs to the City resulting from failure of the Contractor to complete the Work within the proper time; or
7. Damage to work or property.
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B. Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld, and the reasons therefore will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the City will promptly pay to the Contractor the amount so withheld. When monies are withheld to protect the City against claims or liens of mechanics, material men, Subcontractors, etc., the City may at its discretion permit the Contractor to deliver a surety bond in terms and amount satisfactory to the City, indemnifying the City against any loss or expense, and upon Acceptance thereof by the City, the City shall release to the Contractor monies so withheld.
7.09 FINAL PAYMENT
Within ten (10) days after the date of final acceptance, the City will file in the Office of the Yolo County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. Within sixty (60) days of completion defined in Public Contract Code section 7107, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the furnishing of a maintenance bond and excepting only such sum or sums as may be withheld or deducted in accordance with this Contract. All prior certificates upon which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate.
7.10 FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138.
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PART 4 SUPPLEMENTAL
CONDITIONS (SPECIAL PROVISIONS)
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SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)
Except as modified by these Supplemental Conditions, the work shall be performed in accordance with Part 3 General Conditions. The numbering of these Supplemental Conditions coincides to the numbering in the General Conditions. The existence of a section in these Supplemental Conditions means that a corresponding section in the General Conditions is modified in some respect. Under these contract documents, Supplemental Conditions and Special Provisions have the same meaning.
The following Supplemental Conditions, if any, shall be used in conjunction with the City of West Sacramento Standard Specifications current edition including Standard Details and all revisions, and the current State of California Department of Transportation (Caltrans) Standard Specifications, in that order.
The following provisions apply to use of or reference to the Caltrans Standard Specifications:
1. None of the “General Provisions” of the Caltrans Standard Specifications, i.e., Sections 1 through 9, applies to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. The City’s “General Conditions” shall govern.
2. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications and a provision of these Contract Documents, the provision in the Contract Documents will govern.
3. Any reference to the “Engineer” in the Caltrans Standard Specifications is deemed to mean “City”, “Owner” or “Architect/Engineer” or Owner’s designated representative.
4. Any reference to the “State” in the Caltrans Standard Specifications is deemed to mean “City” or “Owner.”
City Standard Specifications are available online at:
http://cityofwestsacramento.org/city/depts/comdev/engineering/specs/default.asp Bound hardcopies may be purchased from City Hall at:
1110 West Capitol Avenue, 2nd Floor
West Sacramento, California 95691
or by calling (916) 617-4645 for purchase by mail.
State Standard Specifications are available online at:
http://www.dot.ca.gov/hq/esc/oe/standards.php
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ARTICLE 5: LEGAL RELATIONS AND RESPONSIBILITY
5.12 PUBLIC CONVENIENCE
Add the following Section 5.12(N):
(6) Working Hours. To meet the sidewalk closure requirements, the City will allow the Contractor to expand their hours of work outside of the standard working hours with prior written approval of the Engineer. Standard working hours are as follows: Work within City right-of-way is between the hours of 7:00 a.m. and 5:00 p.m. and on private property between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday. The hours and days of work may be altered, by the Engineer, to accommodate the efficient movement of traffic, or to minimize the interruption of utility services, without any additional compensation to the Contractor.
The State Department of Transportation Calendar Day Calendar shall govern the Contract time and time of completion for this Contract. The term “calendar day” shall apply only to time of completion; all other references to days in the City Standard Specifications, State Standard Specifications and these provisions shall mean calendar days.
Add the following Section 5.12(N):
(7) Staging Location. Access to the sidewalk and bicycle lane for construction staging shall be through Riverfront Street. No construction staging shall take place on vehicular or bicycle travel lanes of South River Road/5th Street. Equipment staging area shall be limited to Riverfront Street only and construction staging area shall be limited to the sidewalk of Riverfront Street and the bicycle lane of South River Road/5th Street.
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PART 5 TECHNICAL
SPECIFICATIONS
The work shall be performed in accordance with the latest edition of the City of West Sacramento Standard Specifications – Division IV: Standard Construction Specifications and Caltrans Standard Specifications 2015, except as modified by these Technical Specifications.
Section numbering of these Technical Specifications does not conform to the City’s Standard Specifications.
Contractor shall provide submittals (shop drawings) for all materials to be installed or used on the project.
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SECTION 01 32 16 PROGRESS SCHEDULE
All work shall conform to Section 6 of the General Conditions, Section 6 of the Special Conditions, if applicable, and Section 8 of State Standard Specifications unless otherwise specified herein. 8 PROSECUTION AND PROGRESS
8-1.01 GENERAL
Section 8 includes specifications related to prosecuting the Contract and work progress. 8-1.02 SCHEDULE
8-1.02A General
Submit critical path method schedules that are consistent in all respects with time, staging, and work sequencing of the Contract.
Submit your baseline schedule within 10 days of contract approval. Within 5 business days of baseline schedule submittal meet with the Engineer to discuss the baseline schedule.
By the 24th of each month submit an update schedule with required support data that includes the status of work completed to date and the work yet to be performed as planned. The update schedule must have a data date of the 21st day of the month or other date established by the Engineer. The review period does not start until the previous month's required schedule is accepted. The update schedule must show changes from prior accepted schedule. Update schedules may be accepted with exceptions noted.
Correct rejected schedules and resubmit them within 7 days upon notification. Allow 7 days for the review of the resubmittal.
Ensure that all activity sequences are logical and that each schedule shows a coordinated plan for completion of the work. If the Contract includes construction staging and you propose changes to the described staging, do not perform work affected by the proposed changes until the Engineer accepts your schedule and the Department approves the proposed changes.
Perform critical path work activities in the sequence indicated on the current accepted schedule.
Notify the Engineer in advance of performance of non-critical work activities that comply with Contract requirements but are out-of-sequence with the current accepted schedule. Performance of such work shall not impact the critical path work activities.
The Engineer's review and acceptance of schedules neither voids any Contract part nor your responsibility for submitting complete and accurate information. Errors or omissions on schedules do not void your responsibility for completing all work within the time specified for completion of the work. If any aspect of the schedule has an error or omission after a schedule has been accepted, correct it on the next update schedule.
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8-1.02C Level 2 Critical Path Method Schedule
8-1.02C(1) General
Section 8-1.02C applies to a contract if a bid item for a level 2 critical path method schedule is shown in the Bid Item List.
8-1.02C(2) Schedule Format
On each schedule, show:
1. Planned and actual start and completion dates of each work activity, including applicable:
1.1. Submittal development.
1.2. Submittal review and acceptance.
1.3. Material procurement.
1.4. Contract milestones and each required constraint. Constraints other than those required by the specifications may be included if authorized.
1.5. Equipment and plant setup.
1.6. Interfaces with outside entities.
1.7. Erection and removal of falsework and shoring.
1.8. Test periods.
1.9. Major traffic stage change.
1.10. Final cleanup.
2. Order that you propose to prosecute the work.
3. Logical links between the time-scaled work activities.
4. All controlling activities.
5. At least 50 but not more than 500 activities unless authorized. The number of activities must be sufficient to:
5.1. Assure adequate planning of the project
5.2. Permit monitoring and evaluation of progress
5.3. Perform an analysis of time impacts
6. Clear description of each activity.
7. Alphanumeric activity identification and activity description system for labeling work activities.
8. Identification code for each activity for responsibility, stage, work shifts, location, and bid items.
9. At least 1 predecessor and 1 successor to each activity except for activities that begin at the project start milestone and activities that end at the project end milestone.
10. Activities durations of at least 1 working day and no more than 20 working days for each activity, unless otherwise authorized.
11. Start milestone date as the Contract approval date.
12. Department-owned float as the predecessor activity to the scheduled completion date.
Each activity description must indicate its associated scope or location of work by including such terms as quantity of material, type of work, bridge number, station to station location, side or direction of highway, stage, lane number, shoulder, ramp name, ramp line descriptor, or mainline.
You may show early completion time on any schedule if you comply with the Contract. Early completion time is a resource for your exclusive use. You may increase early completion time by improving production, reallocating resources to be more efficient, performing sequential activities concurrently, or by completing activities earlier than planned.
You may show a scheduled completion date that is later than the work completion date on an update schedule after the baseline schedule is accepted. Provide an explanation for a late scheduled completion date in the narrative report included with the schedule submittal. 8-1.02C(3) Computer Software
Submit a description of your proposed schedule software for authorization.
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Software must be compatible with the current version of the Microsoft Windows operating system in use by the Engineer.
The schedule software must be the latest version of Primavera P6 for Windows, Microsoft Projects, or equal.
Any proposed schedule software equal to Primavera P6 must be capable of:
1. Generating files that can be imported into Primavera P6
2. Comparing 2 schedules and providing reports of changes in activity ID, activity description, constraints, calendar assignments, start and finish dates, durations, and logic ties 8-1.02C(4) Data, Network Diagrams, Histograms, and Reports For each schedule submittal, submit:
1. Schedule data in compatible Primavera P6 electronic file format. File name must include:
1.1. Contract number
1.2. Schedule number and date produced
2. One set of originally plotted, time-scaled network diagrams and a copy in PDF file format.
3. One copy of a narrative report in PDF file format.
The time-scaled network diagrams must:
1. Show a continuous flow of information from left to right
2. Be based on early start and early finish dates of activities
3. Clearly show the critical path using graphical presentation
4. Be on 11 by 17 inches or larger sheets, unless otherwise authorized
5. Include a title block and a timeline on each page
6. Be in color
For resource allocated schedules, the time-scaled resource histograms must show materials, labor crafts and equipment classes anticipated to be used. For baseline schedule requiring resource allocation, use average composite crews to display the labor loading of job site construction activities. Optimize and level labor to reflect a reasonable plan for accomplishing the work and to assure that resources are not duplicated in concurrent activities.
The narrative report must be organized in the following sequence with all applicable documents included:
1. Transmittal letter
2. Work completed during the period
3. Identification of unusual conditions or restrictions regarding labor, equipment, or material; including multiple shifts, 7-day work weeks, overtime, or work at times other than regular days or hours
4. Description of the current critical path
5. Current and anticipated delays, including:
5.1. Cause of delay
5.2. Impact of delay on other activities, milestones, and completion dates
5.3. Corrective action, mitigation, and schedule adjustments to correct the delay
6. Reasons for any changes you propose to the planned work
7. Pending items and status of:
7.1. Permits
7.2. Change orders
7.3. Time adjustments
7.4. Noncompliance notices
8. Changes to the critical path and scheduled completion date since the last schedule submittal
9. Reasons for an early or late scheduled completion date in comparison to the work completion date
10. Status of early completion time and Department-owned float, if applicable
11. Written response to Engineer's comments on the previous month's schedule submittal
12. For schedules requiring resource allocations, describe differences between actual resource allocations on activities and those anticipated in the baseline schedule.
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8-1.02C(5) Preconstruction Scheduling Conference
Within 5 business days after Contract approval, submit a general time-scaled logic diagram showing the major activities and sequence of planned operations. If the Contract includes construction staging and you propose changes to the described staging, the general time scaled-logic diagram must show the changes and resulting time impacts. You may not perform work affected by the proposed changes to the described staging until the Engineer accepts your schedule and the Department approves a Change Order or provides an authorization to proceed ahead of the issuance of a change order.
Hold a preconstruction scheduling conference with your project manager and the Engineer within 10 days after Contract approval to discuss:
1. Your general time-scaled logic diagram
2. Any proposed changes to described staging
3. Proposed work plan and schedule methodology
At this conference, submit the alphanumeric coding structure and activity identification system for labeling work activities.
The Engineer conducts the preconstruction scheduling conference and reviews the schedule specification with you.
The Engineer provides any required baseline schedule changes to you for implementation within 2 business days of the preconstruction scheduling conference.
If you plan on submitting an early completion baseline schedule that shows work completion in less than 85 percent of the original working days, discuss planned resource allocations, number of crews, and equipment to achieve the early completion.
8-1.02C(6) Baseline Schedule
Starting the week after the preconstruction scheduling conference, meet with the Engineer weekly to discuss and resolve schedule issues until the baseline schedule is accepted. If you and the Engineer agree on the need for a third-party facilitated meeting to assist in resolving baseline schedule issues, the Department pays for 1/2 the cost of the facilitator; the Contractor pays for the other 1/2. The cost is determined under section 9-1.05 except no markup is allowed. If you and the Engineer cannot resolve baseline schedule issues, submit an RFI before starting work.
The baseline schedule must include the entire scope of work and how you plan to complete all work contemplated.
The baseline schedule must show the activities that define the critical path. Multiple critical paths and near-critical paths must be kept to a minimum. A total of not more than 50 percent of the baseline schedule activities must be critical or near critical unless otherwise authorized.
The baseline schedule must not extend beyond the number of original working days.
The baseline schedule must have a data date of Contract approval.
If you submit an early completion baseline schedule that shows work completion in less than 85 percent of the original working days, the baseline schedule must be supplemented with resource allocations for every task activity and include time-scaled resource histograms. Resource allocations must be shown to a level of detail that facilitates report generation based on labor crafts and equipment classes for you and your subcontractors.
8-1.02C(7) Update Schedule
You may include changes to update schedules that do not alter a critical path, add a near critical path, or extend the scheduled completion date compared to the current schedule. Changes may include:
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1. Adding or deleting activities
2. Changing activity constraints
3. Changing remaining durations
4. Changing logic
5. Your forecasted date of completion
If any proposed change in planned work would alter the critical path or near critical path or extend the scheduled completion date, submit a TIA within 5 business days of the proposed change.
Meet with the Engineer to review work progress on or before the 1st day of each month, starting 30 days after the baseline schedule is accepted. Discuss, narrative report, progress to date, changes in schedule, unresolved time issues, and additional schedule changes needed.
The update schedule must:
1. Show actual activity start dates, percent complete, and finish dates
2. Show durations for work that has been completed as the work occurred, including the Engineer's review and your resubmittal times
3. For instances where a baseline schedule requires resource allocations, describe actual resources allocated to activities for work that has been completed and those anticipated for remaining work If a previous update schedule was not approved, the Engineer may allow you to submit an update schedule that reflects current progress. Submittal of this update schedule does not result in acceptance of prior unaccepted schedules. Prior unaccepted schedules must be corrected and resubmitted upon request.
8-1.02C(8) Time Impacts
8-1.02C(8)(a) General
Reserved
8-1.02C(8)(b) Time Impact Analysis Submittal
Submit a TIA with each request for adjustment of Contract time or whenever you or the Engineer considers that an authorized or anticipated change may impact the critical path or work progress.
For a Change Order with deferred time, submit TIA updates monthly and within 15 days of completion of the change order work.
The TIA must:
1. Illustrate the impacts of each change or delay on the current scheduled completion date or internal milestone such as those associated with incentives or disincentives for completion of work parts.
2. Use the accepted schedule that has a data date closest to and before the event. If the Engineer determines that the accepted schedule used does not appropriately represent the conditions before the event, the accepted schedule must be updated to the day before the event being analyzed.
3. Include an impact schedule developed from incorporating the event into the accepted schedule by adding or deleting activities or by changing durations or logic of existing activities. If the impact schedule shows that incorporating the event modifies the critical path and scheduled completion date of the accepted schedule, the difference between scheduled completion dates of the 2 schedules may be equal to the adjustment of Contract time. Mitigation measures must be considered before determining the final adjustment of Contract time.
The Engineer may construct and use an appropriate project schedule to determine adjustments in Contract time until you submit the TIA.
Submit 2 copies of the TIA within 10 days of receiving a written request for a TIA or within 5 business days of recognition of an authorized or anticipated change that may impact the critical path or work progress. Authorized TIA schedule changes must be shown on the next update schedule.
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If a TIA you submit is rejected, meet with the Engineer within 5 business days of the rejection to discuss and resolve issues related to the TIA. If you are unable to resolve the issues, submit an RFI within 5 business days.
Show only actual as-built work in subsequent update schedules. Do not show unauthorized changes related to the TIA.
Upon completion of an unresolved time impact issue, submit a final time impact analysis for the Engineer to consider.
Once agreement is reached, the authorized TIA schedule changes must be shown on the next update schedule.
An ordered change that affects the critical path is a basis for a time adjustment.
The Department grants a time extension only if the total float is absorbed and the scheduled completion date is delayed 1 or more working days due to the ordered change. The Department may use Department-owned float to mitigate impacts of a Department ordered change. 8-1.02C(8)(c) Department-Owned Float
The Engineer may accrue Department-owned float. The Engineer documents Department-owned float by ordering you to update the Department-owned float activity on the next update schedule.
Include a log of the action on the Department-owned float activity and include a discussion of the action in the narrative report.
The Engineer may use Department-owned float to mitigate past, present, or future Department delays by offsetting a potential time extension for a Change Order.
Prepare a TIA upon request to determine the effect of Department-owned float. Department-owned float is a resource for the exclusive use of the Department.
8-1.02C(9) Final As-Built Schedule
Within 30 days after work completion, submit a final as-built schedule with actual start and finish dates for the activities.
Submit a written certificate with this submittal signed by your project manager or an officer of the company stating:
"To my knowledge and belief, the enclosed final as-built schedule reflects the actual start and finish dates of the actual activities for the project contained herein." An officer of the company may delegate in writing the authority to sign the certificate to a responsible manager. In such an instance, include the written delegation with your submittals. 8-1.02C(10) Payment
Measurement and payment for Progress Schedule is included in the applicable unit price for Progress Schedule (Critical Path Method). Payment will include costs for all work and materials specified herein.
The Department pays you for level 2 critical path method schedule as follows:
1. A total of 25 percent of the item total is paid upon:
1.1. Completion of 5 percent of all work
1.2. Acceptance of schedules and authorization of TIAs and deferred time analyses required when 5 percent of all work is complete
2. A total of 50 percent of the item total is paid upon:
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2.1. Completion of 25 percent of all work
2.2. Acceptance of schedules and authorization of TIAs and deferred time analyses required when 25 percent of all work is complete
3. A total of 75 percent of the item total is paid upon:
3.1. Completion of 50 percent of all work
3.2. Acceptance of schedules and authorization of TIAs and deferred time analyses required when 50 percent of all work is complete
4. A total of 100 percent of the item total is paid upon:
4.1. Completion of all work
4.2. Acceptance of schedules and authorization of TIAs and deferred time analyses required when all work is complete
4.3. Submittal of the certified final as-built schedule The Department does not adjust payment for any increased or decreased work in submitting schedules.
The Department makes a deduction of $25,000 for failure to submit the certified final as-built schedule.
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SECTION 01 55 26 TRAFFIC CONTROL
All work shall conform to the Section 5 of the General Conditions, Section 5 of the Supplemental Conditions, if applicable, the California MUTCD - Latest Edition, and Section 12 of the State Standard Specification unless otherwise specified within.
12 TEMPORARY TRAFFIC CONTROL
12-1 GENERAL
12-1.01 GENERAL
Section 12-1 includes general specifications for providing temporary traffic control.
Temporary traffic control, including flagging, apparel, temporary traffic control devices, and equipment for flaggers, must comply with the California MUTCD, Part 6, "Temporary Traffic Control." 12-1.02 MATERIALS
Not Used
12-1.03 CONSTRUCTION
Assign flaggers to:
1. Control traffic
2. Warn the public of any dangerous conditions resulting from the work activities
3. Provide for the passage of traffic through the work as specified for the passage of traffic for public convenience and public safety
Maintain flagging apparel, traffic control devices, and equipment for flaggers in good repair. 12-1.04 PAYMENT
Measurement and payment for Temporary Traffic Control is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-2 RESERVED
12-3 TEMPORARY TRAFFIC CONTROL DEVICES
12-3.01 GENERAL
12-3.01A General
12-3.01A(1) Summary
Section 12-3.01 includes general specifications for providing temporary traffic control devices.
Providing temporary traffic control devices includes installing, placing, maintaining, repairing, replacing, relocating, and removing temporary traffic control devices.
Do not use different types of channelizing devices on the same alignment. The types include plastic drums, portable delineators, channelizers, tubular markers, traffic cones, and Type I and Type II barricades.
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12-3.01A(2) Definitions
Category 1 temporary traffic control devices: Small devices weighing less than 100 lb certified as crashworthy by crash testing or crash testing of similar devices. Category 1 temporary traffic control devices include traffic cones, plastic traffic drums, portable delineators, and channelizers.
Category 2 temporary traffic control devices: Small devices weighing less than 100 lb that are not expected to produce significant changes in vehicular velocity but could cause harm to impacting vehicles. Category 2 temporary traffic control devices include barricades and portable sign supports.
Category 3 temporary traffic control devices: Devices weighing 100 lb or more that are expected to produce significant changes in the vehicular velocity of impacting vehicles. These devices include crash cushions, impact attenuator vehicles, temporary barriers, and end treatments for barriers. orange: Orange, red-orange, fluorescent orange, or fluorescent red-orange. useable shoulder area: Any longitudinal paved or unpaved contiguous surface adjacent to the traveled way with:
1. Enough weight-bearing capacity to support temporary traffic control devices, such as flashing arrow signs, PCMSs, and impact attenuator vehicles
2. Slope not greater than 6:1 (horizontal:vertical)
12-3.01A(3) Submittals
At least 5 business days before starting any work using the devices or within 2 business days after the request if the devices are already in use, submit as informational submittals:
1. Self-certification for crashworthiness of Category 1 temporary traffic control devices. Either you or the manufacturer must perform the self-certification. Include:
1.1. Date
1.2. Federal aid number for a federal-aid contract
1.3. Contract number, district, county, route, and post miles of the project limits
1.4. Company name, street address, city, state, and zip code of the certifying vendor
1.5. Printed name, signature, and title of the certifying person
1.6. Types of Category 1 temporary traffic control devices
2. List of proposed Category 2 temporary traffic control devices Obtain a standard form for self-certification from the Engineer.
Submit a sample of the type of portable delineator that you will be using before placing the delineators on the job site.
12-3.01A(4) Quality Assurance
Reserved
12-3.01B Materials
The condition of temporary traffic control devices must comply with the most current edition of the American Traffic Safety Services Association publication Quality Guidelines for Temporary Traffic Control Devices and Features.
Category 2 temporary traffic control devices must be on FHWA's list of acceptable crashworthy Category 2 hardware for work zones. For this list, go to FHWA's Safety Program website.
Category 2 temporary traffic control devices must be labeled with the FHWA acceptance letter code and the name of the manufacturer. The label must be legible and permanently affixed to the temporary traffic control device by the manufacturer.
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Category 3 temporary traffic control devices must be on the Authorized Material List for highway safety features.
Retroreflectivity for the following materials must comply with Table 2A-3, "Minimum Maintained Retroreflectivity Levels," of the California MUTCD and be on the Authorized Material List for signing and delineation materials:
1. Retroreflective sheeting for barricades
2. Retroreflective bands for portable delineators
3. Retroreflective sheeting for construction area signs
4. Retroreflective sheeting for channelizers
5. Reflectors for temporary barrier system
6. Retroreflective cone sleeves
7. White and orange retroreflective stripes for plastic traffic drums The following temporary traffic control devices must be visible from 1,000 feet during the hours of darkness under an illumination of legal high-beam headlights by persons with 20/20 vision or vision corrected to 20/20:
1. Retroreflective bands on portable delineators
2. Retroreflective sheeting on channelizers
3. Retroreflective cone sleeves on traffic cones
12-3.01C Construction
Perform all layout work necessary to place channelizing devices:
1. On the proper alignment
2. Uniformly at the location and spacing described
3. Straight on a tangent alignment
4. On a true arc in a curved alignment
If temporary traffic control devices are damaged, displaced, or stop operating or functioning as described from any cause during the progress of the work, immediately repair, repaint, or replace the components and restore them to their original locations and positions.
If ordered, furnish and place additional temporary traffic control devices. This work is change order work unless the temporary traffic control devices are being furnished and placed for public safety or public convenience.
Level and plumb a portable system.
Delineate the location of a trailer mounted system with a taper consisting of 9 traffic cones placed 25 feet apart, except where the system is placed within a lane closure or behind a barrier or guardrail.
When a portable system is not in use, remove it from the job site, place it behind a barrier or guardrail, or move it to an area at least 15 feet from the edge of the traveled way. 12-3.01D Payment
Measurement and payment for Temporary Traffic Control Devices is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. Refer to schedule of measurement and payment.
12-3.02 TRAFFIC CONES
12-3.02A General
Section 12-3.02 includes specifications for placing traffic cones.
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12-3.02B Materials
A traffic cone must be flexible, orange, and manufactured from commercial-quality material designed for the intended purpose.
The outer section of the portion above the base of the traffic cone must be translucent and fabricated of a highly pigmented, orange, PV compound. The overall height of a traffic cone must be at least 28 inches and the bottom inside diameter of the traffic cone must be at least 10.5 inches.
During the hours of darkness, a traffic cone must have a retroreflective cone sleeve.
Retroreflective cone sleeves must be permanently affixed, double-band, sleeves consisting of 2 white retroreflective bands. The top band must be 6 inches wide and placed a maximum of 4 inches from the top of the cone. The lower band must be 4 inches wide and placed 2 inches below the bottom of the top band. You may use traffic cones with double-band retroreflective cone sleeves during daylight hours. 12-3.02C Construction
Use the same type of retroreflective cone sleeve for all cones used on the project.
Anchor the base of a traffic cone if it does not have enough size and weight to keep the cone in an upright position.
12-3.02D Payment
Measurement and payment for Traffic Cones is included in the applicable unit price for Traffic Control.
Payment will include costs for all work and materials specified herein. 12-3.03 PLASTIC TRAFFIC DRUMS
12-3.03A General
12-3.03A(1) Summary
Section 12-3.03 includes specifications for placing plastic traffic drums. 12-3.03A(2) Definitions
Reserved
12-3.03A(3) Submittals
Submit a certificate of compliance for plastic traffic drums. 12-3.03A(4) Quality Assurance
Reserved
12-3.03B Materials
A plastic traffic drum must comply with the manufacturer's instructions for weight and ballast.
A plastic traffic drum must:
1. Be orange LDPE
2. Be flexible and collapsible upon vehicle impact
3. Have a weighted base to maintain an upright position and prevent displacement by passing traffic
4. Have a height such that the top of the drum is at least 36 inches above the traveled way The weighted base must:
1. Be detachable
2. Be shaped to prevent rolling upon impact
3. Have a 38-inch maximum outside diameter
4. Have a 4-inch maximum height above the ground surface FBD Vanguard Construction, Inc.
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12-3.03C Construction
Use 1 type of plastic traffic drum on the project.
Use the same type and brand of retroreflective sheeting for all plastic traffic drums used on the project.
Do not use sandbags or comparable ballast.
Moving plastic traffic drums from location to location if ordered after initial placement is change order work.
12-3.03D Payment
Measurement and payment for Plastic Traffic Drums is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.04 PORTABLE DELINEATORS
12-3.04A General
Section 12-3.04 includes specifications for placing portable delineators. 12-3.04B Materials
A portable delineator, including its base, must be made of a material that has enough rigidity to remain upright when unattended and must be flexible or collapsible upon impact by a vehicle. The base must be (1) shaped to prevent rolling after impact and (2) anchored or weigh enough to keep the delineator in an upright position. Ballast for a portable delineator must comply with the manufacturer's instructions.
A portable delineator must be a minimum of 36 inches in height. The vertical portion of a portable delineator must be predominantly orange. The post must be not less than 3 inches in width or diameter.
Retroreflectorization of a portable delineator that has a height of less than 42 inches must be provided by two 3-inch-wide white bands placed a maximum of 2 inches from the top with a maximum of 6 inches between the bands. Retroreflectorization of a portable delineator that has a height of 42 inches or more must be provided by four 4- to 6-inch-wide alternating orange and white stripes with the top stripe being orange.
12-3.04C Construction
Use only 1 type of portable delineator on the project.
12-3.04D Payment
Measurement and payment for Portable Delineators is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.05 CHANNELIZERS
12-3.05A General
Section 12-3.05 includes specifications for placing channelizers. 12-3.05B Materials
A channelizer must be on the Authorized Material List for signing and delineation materials.
Its post must be orange.
A channelizer must be affixed with 3-by-12-inch, retroreflective, white sheeting. 12-3.05C Construction
Install channelizers on clean, dry surfaces.
Cement the channelizer bases to the pavement as specified for cementing pavement markers to the pavement in section 81-3.
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When no longer required for the work, remove the channelizers and the underlying adhesive used to cement the channelizer bases to the pavement.
Do not remove channelizers that are shown to be left in place at the time of work completion. 12-3.05D Payment
Measurement and payment for Portable Delineators is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.06–12-3.09 RESERVED
12-3.10 BARRICADES
12-3.10A General
Section 12-3.10 includes specifications for placing barricades. 12-3.10B Materials
Markings for barricade rails must be alternating orange and white retroreflective stripes.
Orange retroreflective sheeting must match color PR no. 6, Highway Orange, of the FHWA Color Tolerance Chart.
The interface between the rail surface and the retroreflective sheeting must be free of air bubbles or voids.
The predominant color of barricade components other than the rails must be white or unpainted galvanized metal or aluminum.
You may use a Type III barricade as a sign support if the barricade has been successfully crash tested under NCHRP Report 350 criteria or the Manual for Assessing Safety Hardware (MASH) crash testing guidelines as a single unit with an attached sign panel of the size and type to be used.
A sign panel for a construction area sign or marker panel to be mounted on a barricade must comply with section 12-3.11B(2).
Do not imprint an owner identification on the retroreflective face of any rail. 12-3.10C Construction
Place each barricade such that the stripes slope downward in the direction road users are to pass.
Place each sand-filled bag near the ground level on the lower parts of the frame or stays to serve as ballast for the barricades. Do not place ballast on top of barricades or over any retroreflective barricade rail face that is facing traffic.
Do not remove barricades that are shown to be left in place at the time of work completion.
Moving a barricade from location to location is change order work if ordered after initial placement of the barricade.
12-3.10D Payment
Measurement and payment for Barricades is included in the applicable unit price for Traffic Control.
Payment will include costs for all work and materials specified herein.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
362
12-3.11 CONSTRUCTION AREA SIGNS
12-3.11A General
12-3.11A(1) Summary
Section 12-3.11 includes specifications for placing construction area signs.
Construction area signs include general information signs and all temporary signs and object markers required for the direction of traffic within the project limits. 12-3.11A(2) Definitions
background: Dominant sign color.
legend: Letters, numerals, tildes, bars, arrows, route shields, symbols, logos, borders, artwork, and miscellaneous characters that are intended to convey specific meanings on traffic signs. 12-3.11A(3) Submittals
Reserved
12-3.11A(4) Quality Assurance
Reserved
12-3.11B Materials
12-3.11B(1) General
Construction area sign must be the product of a commercial sign manufacturer.
The style, font, size, and spacing of the legend must comply with the Standard Alphabets published in the FHWA's Standard Highway Signs Book.
The sign must be visible from 500 feet and legible from 300 feet at noon on a cloudless day and during the hours of darkness under an illumination of legal low-beam headlights by persons with 20/20 vision or vision corrected to 20/20. A fabric sign panel on a portable sign is not subject to the visibility and legibility requirements for headlight illumination during the hours of darkness.
Construction area warning and guide signs must have a black legend on a retroreflective, fluorescent orange background. W10-1 advance warning sign for highway-rail grade crossings must have a black legend on a retroreflective fluorescent yellow background. 12-3.11B(2) Stationary-Mounted Signs
Stationary-mounted sign must comply with section 82-2.
A temporary sign support of any type placed within 15 feet from the edge of the traveled way must comply with the specifications for a Category 2 temporary traffic control device.
The sign post must be good, sound wood posts with the breakaway feature as shown for a roadside sign.
Fastening hardware and back braces must be commercial-quality materials. 12-3.11B(3) Portable Signs
Each portable sign must consist of a base, standard or framework, and a sign panel. Units delivered to the job site must be capable of being placed into immediate operation.
A sign panel for a portable sign must comply with the specifications for a stationary-mounted sign panel or be fabricated from one of the following materials:
1. Type VI, retroreflective, elastomeric roll-up fabric
2. Nonretroreflective, cotton, drill fabric
3. Nonretroreflective, flexible, industrial, nylon fabric FBD Vanguard Construction, Inc.
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4. Another type of fabric if authorized
Do not use nonretroreflective portable signs during the hours of darkness.
The bottom of the portable sign panel must be at least 1 foot above the edge of the traveled way. 12-3.11B(4) Temporary Object Markers
A temporary object marker must be mounted on a stationary wood or metal post and must comply with section 82.
A marker panel for a Type N (CA), Type P (CA), or Type R (CA) object marker must comply with the specifications for a marker panel for a stationary sign panel in section 12-3.11B(2).
A target plate, post, and the hardware for a Type K (CA) and Type L (CA) temporary object marker must comply with the specifications for these items in section 82. 12-3.11B(5) General Information Signs
12-3.11B(5)(a) General
Reserved
12-3.11B(5)(b) Construction Project Funding Identification Signs Construction project funding identification sign must:
1. Comply with:
1.1. Section 6F.109(CA) of the California MUTCD
1.2. Section 82-2.02E
1.3. Specifications on the Department's Safety Programs website
2. Be 48 by 30 inches for local roadways
3. Be 96 by 60 inches for conventional highways
4. Be 132 by 78 inches for freeways and expressways
12-3.11C Construction
12-3.11C(1) General
Place all construction area signs outside of the traveled way. Do not block a bicycle or pedestrian pathway with a construction area sign.
Place, install, maintain, and remove temporary object markers shown as construction area signs as specified for construction area signs.
Maintain accurate information on construction area signs. Immediately replace or correct signs that convey inaccurate information.
During the progress of work, immediately cover or remove unneeded signs.
Cover each unneeded sign such that the message cannot be seen. Securely fasten the cover to prevent movement from wind.
Check each covered sign daily for damage to the cover and immediately replace any cover if needed.
Clean each construction area sign panel at the time of installation and at least once every 4 months thereafter.
Be prepared to furnish additional construction area sign panels, posts, and mounting hardware or portable sign mounts on short notice due to changing traffic conditions or damage caused by traffic or FBD Vanguard Construction, Inc.
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other conditions. Maintain an inventory of commonly required items at the job site or make arrangements with a supplier who is able to furnish the items daily on short notice.
Replace any damaged construction area sign or repair the sign if authorized.
Remove any sign panel that exhibits irregular luminance, shadowing, or dark blotches at nighttime under vehicular headlight illumination.
12-3.11C(2) Stationary-Mounted Signs
Install stationary-mounted signs as described for the installation of roadside signs except:
1. Back braces and blocks for sign panels are not required for signs 48 inches or smaller in width and diamond-shaped signs 48 by 48 inches or smaller.
2. Bottom of the sign panel must be at least 7 feet above the edge of the traveled way.
3. You may install a construction area sign on an above-ground, temporary platform sign support or on an existing lighting standard or other support if authorized. Do not make holes in a standard to support the sign if it is installed on an existing lighting standard.
4. Post embedment must be at least 2.5 feet if the post hole is backfilled around the post with commercial-quality concrete. The concrete must contain at least 295 pounds of cementitious material per cubic yard.
The Engineer determines the post size and number of posts if the type of sign installation is not shown.
Excavate each post hole by hand methods without the use of power equipment. You may use power equipment where you determine that subsurface utilities are not present in the area of the proposed post hole if authorized. The post-hole diameter must be at least 4 inches greater than the longest crosssectional dimension of the post if it is backfilled with commercial-quality concrete.
Furnishing, installing, maintaining, moving, and removing any additional construction area signs if ordered is change order work.
12-3.11C(3) General Information Signs
12-3.11C(3)(a) General
Reserved
12-3.11C(3)(b) Construction Project Funding Identification Signs Do not add information to a construction project funding identification sign unless authorized.
Install construction project funding identification signs before starting major work activities visible to highway users.
Mount construction project funding identification signs on a wood posts under section 82-3. 12-3.11D Payment
Measurement and payment for Construction Area Signs is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.12 TELESCOPING FLAG TREES
12-3.12A General
Section 12-3.12 includes specifications for placing telescoping flag trees. 12-3.12B Materials
Telescoping flag trees must be manufactured from commercial-quality material designed for the intended purpose and capable of maintaining an upright position at all times while in use.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
365
12-3.12C Construction
Not Used
12-3.12D Payment
Measurement and payment for Telescoping Flag Trees is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.13–12-3.19 RESERVED
12-3.20 TEMPORARY BARRIER SYSTEMS
12-3.20A General
12-3.20A(1) Summary
Section 12-3.20 includes specifications for placing, maintaining, repairing, and removing temporary barrier systems.
Temporary barrier system consists of:
1. New or undamaged used interconnected barrier segments
2. Segment connection hardware
3. Stakes and anchor bolts
12-3.20A(2) Definitions
clear area width: Minimum width throughout the length of the barrier system that must be maintained clear of obstructions, objects, and work resources during non-working hours. The width is measured perpendicular from the non-traffic side toe.
set back distance: Space measured between the closest toe of temporary barrier and the edge of traveled way for both directions of traffic.
12-3.20A(3) Submittals
Submit as informational submittal for each type of temporary barrier system:
1. Certificate of compliance
2. Manufacturer's installation instructions except for Type K temporary railing Submit a signed manufacturer's replacement evaluation report within 10 days of damage to a temporary steel barrier system.
12-3.20A(4) Quality Assurance
12-3.20A(4)(a) General
Except for Type K temporary railing, temporary barrier systems must:
1. Be on the Authorized Materials List for highway safety features
2. Comply with MASH Test Level 3 requirements
3. Comply with the manufacturer's drawings shown on the Department's Division of Safety Programs website and the manufacturer's installation instructions If a discrepancy exists, governing ranking in descending order is:
1. These specifications
2. Manufacturer's drawings
3. Manufacturer's installation instructions
12-3.20A(4)(b) Quality Control
Replace damaged temporary concrete barrier segments with exposed reinforcing steel or concrete spalls 1-1/2 inches in depth and 4 inches in width or greater.
FBD Vanguard Construction, Inc.
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Replace damaged temporary steel barrier segments with permanent bends, tearing, or buckling as described in the signed manufacturer's replacement evaluation report.
Realign temporary barrier system within 2 days of impact or displacement when displaced more than 3 inches.
12-3.20B Materials
12-3.20B(1) General
Temporary barrier segment must:
1. Be a minimum 31-1/2 inches in height
2. Have at least two lifting holes
3. Be designed to be used with temporary traffic screen when required Temporary barrier segment may have your name or logo on each barrier segment. The name or logo must be no more than 4 inches in height and must be located no more than 12 inches above the bottom of the barrier segment.
12-3.20B(2) Temporary Concrete Barriers
12-3.20B(2)(a) General
Temporary concrete barrier segment must:
1. Be precast concrete with a minimum 4,000-psi compressive strength. 2 Have reinforcement steel that complies with section 52.
3. Have a finished surface that complies with section 51-1.03F(2).
4. Comply with the requirements for precast concrete.
5. Include the manufacturer's name, lot number, and month and year of manufacture stamped on the top of each barrier segment except for Type K temporary railing. The stamped information must be:
5.1. No more than 6 inches in height.
5.2. No more than 12 inches in length.
5.3. From 3/16 to 1/4 inch in depth.
5.4. Centered on the top width of the barrier segment.
Segment connection hardware must be one of the following:
1. Steel bar loops and connecting pins
2. "J" hook steel plates
Steel bar loops must comply with ASTM A36/A36M.
Connecting pins must comply with ASTM A307. A round bar of the same diameter may be substituted for the connecting pins. The round bar must:
1. Comply with ASTM A36/A36M
2. Have a minimum length of 26 inches
3. Have a 3-inch-diameter, 3/8-inch-thick plate welded on the upper end using a 3/16-inch fillet weld "J" hook steel plates must be a minimum 18 inches in height. 12-3.20B(2)(b) Temporary Concrete Barrier with "J" Hooks The steel stakes must be 1-1/2 inches in diameter and 48 inches long.
Anchor hardware must include:
1. 1-inch-diameter, 6-inch-long anchor bolt insert
2. 1-inch-diameter hex head bolt with a minimum length of 11 inches plus thickness of asphalt overlay
3. 3-by-3-by-3/8-inch plate washer
4. Retainer ring
12-3.20B(2)(c) Type K Temporary Railing
Reserved
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
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12-3.20B(2)(d)–12-3.20B(2)(g) Reserved
12-3.20B(3) Temporary Steel Barriers
Temporary steel barriers segment must:
1. Be galvanized steel.
2. Comply with ASTM A36.
3. Have a joint connection.
4. Include permanent identification information with no more than 6 inches in height and 12 inches in length and centered on the top width of the segment. The identification information must include:
4.1. Manufacturer's name
4.2. Serial number
4.3. Lot number
4.4. Month and year of manufacture
12-3.20B(4)–12-3.20B(9) Reserved
12-3.20B(10) Temporary Terminal Sections
Reserved
12-3.20C Construction
12-3.20C(1) General
Clean temporary barrier segments at time of installation and at least every 6 months thereafter.
Install the temporary barrier system based on the requirements shown in the following table:
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Minimum Clear Area Width
Barrier Configuration
Height
differentials 3
feet or less
(ft)
Height
differentials
greater than 3 ft
up to 8 feet
(ft)
Edge of
deck or
height
differentials
greater than
8 feet
(ft)
Fixed
objects,
falsework
members,
or
temporary
supportsa
(ft)
12'-6" temporary
concrete barrier
with "J" hooks
Freestanding 3 4 8 7
3 stakes
per segment
traffic side
1 1 2 3
2 anchor bolts
per segment
traffic side
1 1 2 3
20-foot temporary
concrete barrier
with "J" hooks
Freestanding 3 4 8 7
4 stakes
per segment
traffic side
1 1 2 3
3 anchor bolts
per segment
traffic side
1 1 2 3
50-foot temporary
steel barrier
Staked or
anchored at
both ends only
6 7 9 10
Staked or
anchored every
250 feet
5 6 8 9
Staked or
anchored every
33 feet
1 1 3 4
20-foot Type K
temporary railing
Freestanding 2 3 8 7
2 stakes or 2
anchor bolts
per segment
traffic side
1 1 3 4
4 stakes or 4
anchor bolts
per segment
N/A N/A 3 3
aThe minimum clear area width to a falsework or temporary support footing can be 2 feet less than the clear area width shown. Measure clear area width to the footing edge closest to traffic.
Stake down temporary barrier system when placed on an asphalt concrete surface.
Anchor down temporary barrier system when placed on a concrete surface. For bridge decks, confirm the anchor will not penetrate closer than 1-1/2 inches from the bottom of the deck before placement. When temporary barrier is not shown, request the Engineer to verify the bridge deck thickness.
For installations on concrete surfaces, drill holes and bond threaded rods or dowels under section 51-1.
Do not drill the top of supporting beams or girders, bridge expansion joints, or drains.
Install stakes and anchor bolts so the heads do not project above the top of the temporary barrier pocket profile.
FBD Vanguard Construction, Inc.
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Install a reflector on the top or face of barrier segments placed within 10 feet of a traffic lane. Space reflectors at approximately 20-foot intervals. Apply adhesive for mounting the reflector under the reflector manufacturer's instructions.
Install a Type P marker panel complying with section 82 at each end of temporary barrier system placed adjacent to a two-lane, two-way highway and at the end facing traffic for temporary barrier installed adjacent to a one-way roadbed. If the temporary barrier is placed on a skew, install the marker at the end of the skew nearest the traveled way.
Maintain a minimum height of 31-1/2 inches above surface for temporary barrier. For paving activities adjacent to temporary barrier, do not pave within 2 feet of the barrier segments unless authorized. For paving under the temporary barrier, remove and reset the barrier.
Remove stakes and anchor bolts so that minimal damage is done to surface.
After removing the temporary barrier system:
1. Restore the area to its previous condition or construct it to its planned condition if temporary excavation or embankment was used to accommodate the temporary barrier.
2. Remove all threaded rods or dowels to a depth of at least 1 inch below the top of a concrete surface.
Fill the resulting holes with mortar under section 51-1 except cure the mortar by the water method or by the curing compound method using curing compound no. 6.
3. Repair a damaged asphalt surface by providing a clean, smooth edge around the damaged area.
Repair any heaving caused by stake removal to provide a uniform surface. Remove loose debris and use compressed air to clean out the stake hole. Comply with manufacturer's requirements except fill the stake hole with grout to existing pavement elevation under section 51-1.
If the Engineer orders a lateral move of a temporary barrier system and repositioning is not shown, the lateral move is change order work except for work area access, clear area width compliance, or because of your means and methods to perform the work.
12-3.20C(2) Temporary Concrete Barriers
12-3.20C(2)(a) General
Before placing temporary concrete barrier on the job site and after each described relocation, paint the exposed surfaces of the segments with white paint complying with specifications for acrylic emulsion paint for exterior masonry.
Place and maintain the abutting ends of segments in alignment without substantial offset from each other.
Install temporary barrier system with the last segment extending a minimum of 60 feet past the length of the protected area.
12-3.20C(2)(b) Temporary Concrete Barrier with "J" Hooks Install a minimum 200 feet of temporary concrete barrier with "J" hooks.
Place the temporary barrier system on a concrete or asphalt concrete surface. The asphalt concrete surface must have a minimum 2 inches of asphalt concrete over 6 inches of compacted subbase.
Install two parallel temporary barrier systems, one for each direction of travel, when placed between twoway traffic. Maintain the minimum clear area as shown in the table titled "Minimum Clear Area Width" between the two systems. Maintain a minimum 1-foot set back distance. 12-3.20C(2)(c) Type K Temporary Railing
Do not install Type K temporary railing on projects advertised after December 31, 2026.
Install a minimum 160 feet of Type K temporary railing.
FBD Vanguard Construction, Inc.
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Excavate and backfill under section 19-3.
Do not compact earth fill placed behind Type K temporary railing in a curved layout.
Place Type K temporary railing on a firm, stable surface. Grade the area to provide a uniform bearing surface throughout the entire length of the system.
Anchor or stake down each end segment and every other segment with four stakes as shown when placed between two-way traffic. Maintain a minimum 1-foot set back distance. 12-3.20C(2)(d)–12-3.20C(2)(g) Reserved
12-3.20C(3) Temporary Steel Barriers
12-3.20C(3)(a) General
Reserved
12-3.20C(3)(b) 50-Foot Temporary Steel Barriers
Use 50-foot temporary steel barriers with or without rubber pads.
Install a minimum 250 feet of 50-foot temporary steel barrier. The last segment must extend a minimum 25 feet past the length of the protected area.
Place the temporary barrier system on a concrete or asphalt concrete surface. Do not place the system on a dirt or earth surface.
Anchor or stake down the first and last segment of the temporary barrier system.
Maintain a minimum radius of 800 feet for segments placed on a curved layout. For tighter curves down to a 250-foot radius, contact the manufacturer before installation and provide manufacturer's written recommendation for the installation.
Maintain a minimum 2-foot set back distance on both sides of a temporary barrier system used with traffic on both sides of the barrier. Install the temporary barrier system under the manufacturer's instructions. 12-3.20C(3)(c)–12-3.20C(3)(h) Reserved
12-3.20C(4)–12-3.20C(9) Reserved
12-3.20C(10) Temporary Terminal Sections
Reserved
12-3.20D Payment
Measurement and payment for Temporary Barrier Systems is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.21 TEMPORARY TRAFFIC SCREENS
12-3.21A General
Section 12-3.21 includes specifications for installing temporary traffic screens. 12-3.21B Materials
Temporary traffic screen panels must be one of the following:
1. CDX grade or better plywood
2. Weather-resistant strand board
3. Plastic
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Plastic temporary traffic screen panels must be on the Authorized Material List for temporary traffic screen.
Wale boards for use with plywood or strand board must be Douglas fir, rough sawn, construction grade or better.
Pipe screen supports must be schedule 40, galvanized steel pipe.
Nuts, bolts, and washers must be cadmium plated.
Screws must be black or cadmium-plated flat head, cross-slotted, with full-thread length. 12-3.21C Construction
Install and anchor temporary traffic screens to the top of the temporary barrier system. The temporary traffic screen must have 3-foot-long openings spaced at 200-foot intervals.
A lateral move of temporary barrier system with attached temporary traffic screen is change order work if ordered and repositioning is not shown.
12-3.21D Payment
Measurement and payment for Temporary Traffic Screen is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.22 TEMPORARY CRASH CUSHION MODULES
12-3.22A General
Section 12-3.22 includes specifications for placing sand-filled temporary crash cushion modules in groupings or arrays.
If activities expose traffic to a fixed obstacle, protect the traffic from the obstacle with a sand-filled temporary crash cushion. The crash cushion must be in place before opening traffic lanes adjacent to the obstacle.
12-3.22B Materials
Each sand-filled temporary crash cushion module must be manufactured after March 31, 1997 and be on the Authorized Material List for highway safety features.
The color of each module must be standard yellow with black lids as furnished by the manufacturer. Each module must be free from structural flaws and objectionable surface defects.
For a module requiring a seal, the top edge of the seal must be securely fastened to the wall of the module by a continuous strip of heavy-duty tape.
Fill each module with sand under the manufacturer's instructions and to the sand capacity in pounds for each module shown. Sand for filling the modules must be clean, commercial-quality, washed concrete sand. When sand is placed in a module, the sand must contain no more than 7 percent water when tested under California Test 226.
12-3.22C Construction
Use the same type of crash cushion module for a single grouping or array.
Temporary crash cushion arrays must not encroach on the traveled way.
Secure the sand-filled modules in place before starting an activity requiring a temporary crash cushion.
FBD Vanguard Construction, Inc.
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Maintain sand-filled temporary crash cushions in place at each location, including times when work is not actively in progress. You may remove the crash cushions during the work shift for access to the work if the exposed fixed obstacle is 15 feet or more from the nearest lane carrying traffic. Reset the crash cushion before the end of the work shift.
Immediately repair sand-filled temporary crash cushion modules damaged due to your activities. Remove and replace any module damaged beyond repair. Repair and replacement of temporary crash cushion modules damaged by traffic is change order work.
You may place sand-filled temporary crash cushion modules on movable pallets or frames complying with the dimensions shown. The pallets or frames must provide a full-bearing base beneath the modules. Do not move the modules and supporting pallets or frames by sliding or skidding along the pavement or bridge deck.
Attach a Type R or Type P marker panel to the front of the temporary crash cushion if the closest point of the crash cushion array is within 12 feet of the traveled way. Firmly fasten the marker panel to the crash cushion with commercial quality hardware or by other authorized methods. Attach the Type R marker panel such that the top of the panel is 1 inch below the module lid. Attach the Type P marker panel such that the bottom of the panel rests upon the pallet or roadway surface if pallets are not used.
A lateral move of a temporary crash cushion module is change order work if ordered and the repositioning is not shown.
Remove sand-filled temporary crash cushion modules, including sand, pallets or frames, and marker panels, at Contract acceptance. Do not install sand-filled temporary crash cushion modules in the permanent work.
12-3.22D Payment
Measurement and payment for Temporary Crash Cushion Modules is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.23 IMPACT ATTENUATOR VEHICLES
12-3.23A General
12-3.23A(1) Summary
Section 12-3.23 includes specifications for using impact attenuator vehicles. 12-3.23A(2) Definitions
impact attenuator vehicle: Deployed impact attenuator mounted to a truck or deployed impact attenuator mounted to a trailer and towed by a truck.
12-3.23A(3) Submittals
Submit a certificate of compliance for each impact attenuator. 12-3.23A(4) Quality Assurance
Reserved
12-3.23B Materials
12-3.23B(1) General
Each impact attenuator vehicle includes:
1. Truck
2. Impact attenuator
3. Type II flashing arrow sign or PCMS
4. Flashing or rotating amber light
5. Two-way communication system
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12-3.23B(2) Impact Attenuators
Each impact attenuator must:
1. Be on the Authorized Material List for highway safety features.
2. Comply with MASH test level 3 or NCHRP 350 test level 3 up to December 31, 2026, where the posted speed limit is 50 mph or more.
3. Comply with MASH test level 2 or 3 or NCHRP 350 test level 2 or 3 up to December 31, 2026, where the posted speed limit is 45 mph or less.
4. Be individually identified with the manufacturer's name, address, attenuator model number, and serial number. The name and number must be a minimum 1/2-inch high, located on the street side on the lower left front corner.
5. Have an inverted V-chevron pattern placed across the entire rear of the attenuator and composed of alternating 4-inch-wide, nonreflective black stripes and 4-inch-wide, yellow retroreflective stripes sloping at 45 degrees.
12-3.23B(3) Trucks
Each truck must comply with:
1. Veh Code Div 12
2. Vehicle weight limits as shown in the Authorized Materials List for highway safety features and the impact attenuator manufacturer's instructions except the vehicle weight must be greater than 22,000 pounds when used with a stationary impact attenuator vehicle
3. Impact attenuator manufacturer's mounting requirements A PCMS used as a flashing arrow sign must comply with the specifications for an arrow board in the California MUTCD.
12-3.23C Construction
12-3.23C(1) General
Secure objects, including equipment, tools, and ballast, on impact attenuator vehicles to prevent their loosening upon impact by an errant vehicle.
Do not use a damaged attenuator. Replace any damaged attenuator.
Do not place an impact attenuator vehicle within the buffer space.
Position the front of the impact attenuator vehicle at a distance upstream from the moving work vehicle as shown in the following table:
Impact Attenuator Vehicle Minimum Upstream Placement
Posted speed limit (mph) Distance (ft)
<45 100
45–55 150
>55 175
Monitor the placement and use of the impact attenuator vehicle on a regular basis and adjust the position to match changing field conditions as construction progresses. 12-3.23C(2) Stationary Impact Attenuator Vehicles
Section 12-3.23C(2) applies if a bid item for stationary impact attenuator vehicles is shown on the Bid Item List.
Use a stationary impact attenuator vehicle to protect workers on foot within the work area when the posted speed limit is 55 mph or greater and workers are not protected by a longitudinal barrier system.
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Place the stationary impact attenuator vehicle between the longitudinal buffer space and the work area without intruding into the buffer space. Position the front of the stationary impact attenuator vehicle at a distance upstream of the work area as shown in the following table:
Impact Attenuator Vehicle Placement
Posted speed limit (mph) Distance (ft)
<45 75
45–55 100
>55 150
Place the transmission in park and set the parking brake or follow the impact attenuator manufacturer's instructions.
12-3.23D Payment
Measurement and payment for Impact Attenuator Vehicles is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.24–12-3.29 RESERVED
12-3.30 FLASHING ARROW SIGNS
12-3.30A General
Section 12-3.30 includes specifications for placing flashing arrow signs. 12-3.30B Materials
A flashing arrow sign must comply with the requirements shown in the following table:
Flashing Arrow Sign Requirements
Type Panel size
(min, in)
Number of panel lights
(min)
Legibility distancea
(min, mi)
I 48 x 96 15 1
II 36 x 72 13 3/4 aThe legibility distance is the distance that a flashing arrow sign must be legible at noon on a cloudless day and during the hours of darkness by persons with 20/20 vision or vision corrected to 20/20.
A flashing arrow sign must be finished with commercial-quality nonreflective black enamel and must be equipped with yellow or amber lamps that form arrows or arrowheads. Each lamp must be equipped with a visor and the lamps must be controlled by an electronic circuit that provides from 30 to 45 complete operating cycles per minute for each of the displays and modes specified. The control must be capable of dimming the lamps by reducing the voltage to 50 ± 5 percent for nighttime use. Type I signs must have both manual and automatic photoelectric-dimming controls. Dimming in both modes must be continuously variable over the entire dimming range.
A flashing arrow sign must be capable of operating in the following display modes:
1. Pass left display
2. Pass right display
3. Simultaneous display
4. Caution display or alternating diamond
A flashing arrow sign must be capable of operating in the flashing arrow mode or the sequential mode.
In the flashing arrow mode, all lamps forming the arrowhead and shaft must flash on and off simultaneously.
In the sequential mode, either arrowheads or arrows must flash sequentially in the direction indicated.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
375
In the simultaneous display mode, the lamps forming both the right and left arrowheads and the lamps forming the arrow shaft or center 3 lamps for Type I signs must flash simultaneously. For Type II signs, the lamps forming the right and left arrowhead, but not the center lamp, may be illuminated continuously; the lamps forming the shaft and the center lamp of the arrowheads must flash on and off simultaneously.
In the caution display mode, a combination of lamps not resembling any other display or mode must flash.
Each flashing arrow sign must be:
1. Mounted on a truck or trailer
2. Capable of operating when the vehicle is moving
3. Capable of being placed and maintained in operation at locations described A Type II flashing arrow sign must be controllable by the operator of the vehicle while the vehicle is in motion.
The bottom of the flashing arrow sign must be a minimum of 7 feet above the roadway when mounted.
The trailer for a flashing arrow sign must be equipped with (1) devices to level and plumb the sign and (2) a supply of electrical energy capable of operating the sign. 12-3.30C Construction
Not Used
12-3.30D Payment
Measurement and payment for Flashing Arrow Signs is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.31 PORTABLE FLASHING BEACONS
12-3.31A General
Section 12-3.31 includes specifications for placing, maintaining, and removing portable flashing beacons. 12-3.31B Materials
Each portable flashing beacon must have:
1. Standard and base
2. Signal section
3. Flasher unit
4. Battery power source
The components must be assembled to form a complete, self-contained, portable flashing beacon that can be delivered to the job site and placed into immediate operation.
The portable flashing beacon must be weatherproof and operate a minimum of 150 hours between battery recharging and routine maintenance.
The signal section must be yellow and comply with section 86-1.02R(4)(b), except it must be rated for 25 W at 12 V.
The flash rate for the flashing unit must comply with chapter 4L, "Flashing Beacons," of the California MUTCD.
The standard must be adjustable to allow variable mounting of the signal section from 6 to 10 feet, from the bottom of the base to the center of the lens, and be capable of being secured at the desired height.
The standard must be securely attached to the base and have a length of multiconductor, neoprenejacketed cable long enough for the full vertical height.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
376
The base must be (1) large enough to accommodate at least two 12 V automotive-type storage batteries and (2) a shape and weight such that the beacon will not roll if struck by a vehicle or pushed over. 12-3.31C Construction
Remove portable flashing beacons from the traveled way at the end of each night's work. You may store the flashing beacon at selected central locations within the highway where designated by the Engineer.
Moving portable flashing beacons from location to location if ordered after initial placement is change order work.
12-3.31D Payment
Measurement and payment for Portable Flashing Beacons is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.32 PORTABLE CHANGEABLE MESSAGE SIGNS
12-3.32A General
12-3.32A(1) Summary
Section 12-3.32A includes specifications for placing, maintaining, and removing portable changeable message signs.
12-3.32A(2) Definitions
Reserved
12-3.32A(3) Submittals
If requested, submit a certificate of compliance for each PCMS.
Submit your cell phone number before starting the first activity that requires a PCMS. 12-3.32A(4) Quality Assurance
Reserved
12-3.32B Materials
Each PCMS consists of a sign panel, a controller unit, a power supply, and a structural support system.
The PCMS must:
1. Be assembled to form a complete self-contained unit that can be delivered to the job site and placed into immediate operation.
2. Operate at an ambient air temperature from -4 to 158 degrees F.
3. Not be affected by mobile radio transmissions other than those required to control the PCMS.
4. Be capable of displaying a 3-line message with at least 7 characters per line.
5. Provide a complete alphanumeric selection.
6. Be internally or externally illuminated during the hours of darkness, when non-illuminated pixels are used.
7. Have a dimming control that automatically adjusts the character light intensity to provide optimum character visibility and legibility under all ambient lighting conditions. The dimming control must have a minimum 3 manual dimming modes of different intensities.
A message with 18-inch high characters or 12-inch high characters must be visible from a distance of 1,500 feet and legible from a distance of at least 750 feet at noon on a cloudless day and during the night by persons with 20/20 vision or vision corrected to 20/20.
A message with 10-inch high characters must be legible from a distance of at least 650 feet at noon on a cloudless day and during the night by persons with 20/20 vision or vision corrected to 20/20.
The controller must:
1. Be an all solid-state unit.
2. Include at least 5 preprogrammed messages.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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3. Have a user adjustable display rate.
4. Have a user adjustable flashing-off time.
5. Include a screen to review the messages before being displayed on the sign.
6. Include a keyboard message entry system. The keyboard must be equipped with a security lockout feature.
7. Have nonvolatile memory to store an infinite number of user created messages.
8. Be installed at a location that allows the user to perform all the functions from a single position. 12-3.32C Construction
Use a PCMS with characters:
1. At least 18 inches in height where the useable shoulder area is 15 feet wide or more
2. At least 12 inches in height where the useable shoulder area is less than 15 feet wide
3. At least 10 inches in height if the PCMS is:
3.1. Mounted on a service patrol truck or incident response vehicle
3.2. Used for traffic control where the posted speed limit is less than 40 mph Place a PCMS as far from the traveled way as practicable where it is legible to approaching traffic without encroaching on the traveled way. Where the vertical roadway curvature restricts the sight distance of approaching traffic, place the sign on or before the crest of the curvature where it is most visible to the approaching traffic. Where the horizontal roadway curvature restricts the sight distance of approaching traffic, place the sign at or before the curve where it is most visible to approaching traffic. Where practicable, place the sign behind guardrail or temporary barrier system.
If multiple signs are needed, place each sign on the same side of the road at least 1,000 feet apart on freeways and expressways and at least 500 feet apart on other types of highways.
Operate the PCMS under the manufacturer's instructions. Activate the security lockout feature at all times.
When in operation, place the bottom of a PCMS at least 7 feet above the roadway in areas where pedestrians are anticipated and 5 feet above the roadway elsewhere. Place the top of the PCMS no more than 14.5 feet above the roadway.
If more than one PCMS is simultaneously visible to traffic, only one sign may display a sequential message at any time. Do not use dynamic message displays, such as animation, rapid flashing, dissolving, exploding, scrolling, horizontal movement, or vertical movement of messages. The message must be centered within each line of the display.
You may use an additional PCMS if more than 2 phases are needed to display a message.
Display only messages shown or ordered.
Repeat the entire message continuously in not more than 2 phases of at least 3 seconds per phase. The sum of the display times for both of the phases must be a maximum of 8 seconds. If more than 2 phases are needed to display a message, use an additional PCMS.
You must be available by cell phone during activities that require a sign. Be prepared to immediately change the displayed message if ordered. You may operate the sign with a 24-hour timer control or remote control if authorized.
Keep the PCMS clean to provide maximum visibility.
After the initial placement, move a sign from location to location as ordered.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
378
12-3.32D Payment
Measurement and payment for Portable Changable Message Signs is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.33 PORTABLE SIGNAL SYSTEMS
12-3.33A General
12-3.33A(1) Summary
Section 12-3.33 includes specifications for installing, maintaining, and removing portable signal systems.
A portable signal system includes:
1. Portable signals
2. Portable lighting
3. Portable flashing beacons
The components of a portable signal system are shown.
12-3.33A(2) Definitions
Reserved
12-3.33A(3) Submittals
Submit a certificate of compliance for each portable signal system.
Submit a 24-hour contact phone number before starting the activity that requires the portable signal system.
12-3.33A(4) Quality Assurance
Assign an on-site portable signal system coordinator. The coordinator must be available to service, maintain, adjust timing parameters, and relocate system components as necessary. The coordinator must be accessible 24 hours a day while the system is in operation.
Replace or repair damaged or malfunctioning portable signal system units within 12 hours of notification of a system failure.
12-3.33B Materials
The portable signal system must:
1. Comply with Part 4 of the California MUTCD
2. Be a complete system that can be delivered to the job site and placed into immediate operation
3. Withstand a minimum 90-mph wind speed under AASHTO (2001) Standard Specification for Highway Signs, Luminaires and Traffic Signals
4. Have a minimum one-mile communication range between portable signals, not line of sight
5. Provide local and remote system control, monitoring, and diagnostics through a dedicated controller
6. Prevent unauthorized users or electronic devices from gaining access to the portable signal system using an industry authentication and encryption standard level of security
7. Operate in either fixed time, traffic actuated, or manual mode
8. Operate at an ambient air temperature from -40 to 130 degrees F
9. Have secured wireless communication between the portable signal
10. Have a fail-safe device that monitors for malfunctions and prevents the system from displaying conflicting indications
11. Display a steady red indication in all signal heads when a conflict or communication failure is detected
12. Continuously monitor and automatically send email or text alerts to designated personnel for:
12.1. Signal malfunctions
12.2. Conflicting indications
12.3. Communication failures between signal units
12.4. Power, voltage, and battery low levels
13. Use radar or video detection
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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A trailer must:
1. Be equipped with stabilizing and leveling devices
2. Be less than 7 feet wide
A portable signal consists:
1. Two or more signal heads.
2. Adjustable overhead mast arm. The mast arm must have a minimum 8 feet separation between signal heads center to center.
3. Adjustable shaft.
4. Controller unit.
5. Communication device.
6. Redundant conflict monitoring device.
7. Primary and back-up power sources.
Portable signals must:
1. Be self-contained and trailer mounted
2. Be programmable as primary or secondary devices
3. Automatically switch between the primary and the back-up power source in the event of a power failure
The signal heads must:
1. Comply with section 86-1.02R
2. Have 12-inch signal sections
3. Be arranged vertically
4. Be mounted one on the shaft and one on the mast arm
The controller unit must:
1. Be an all-solid-state unit
2. Have user adjustable timing parameters for each direction of travel, including bicycles and pedestrians
3. Include a minimum 7-inch LCD color graphic touch screen to review the timing parameters
4. Include a timing entry device equipped with a security lockout feature
5. Have nonvolatile memory to store a library of user created traffic control scenarios Wireless communication devices must be FCC approved Part 15 certified.
The portable signal system must operate on a continuous, 24-hour basis and must operate for a minimum 10 days when the primary power fails.
Portable lighting must:
1. Comply with 8 CA Regs § 1523
2. Be provided at each portable signal
3. Be controlled using a photoelectric unit
4. Be part of the signal unit or on a separate trailer
12-3.33C Construction
Provide a portable signal system for reversible traffic control.
Notify the Engineer at least 7 days prior to the use of the portable signal system.
The traffic operations office from the district in which the work is located will provide the timing parameters.
Place the signal unit trailer as far from the traveled way as practicable where it is visible to approaching traffic without encroaching onto the traveled way.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
380
Position signal heads and any attachments mounted on the mast arm over the road surface from 17 to 19 feet from the bottom of the signal head to the top of the road surface.
Position signal heads mounted on the trailer at a minimum height of 10 feet but not more than 19 feet from the bottom of the signal head to the top of the ground surface.
Operate the portable signal system under the manufacturer's instructions. Have a qualified vendor representative on site during the initial set up.
The portable signal system coordinator must enter the initial timing parameters and adjust the timing parameters as needed.
Activate the security lockout feature at all times.
Program portable signals to display a steady red indication in all signal heads upon startup.
Keep signal heads clean to provide maximum visibility.
If the portable signal system operation fails, provide flaggers to control traffic until the system is back in operation.
12-3.33D Payment
Measurement and payment for Portable Signal Systems is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.34 TEMPORARY FLASHING BEACON SYSTEMS
12-3.34A General
Section 12-3.34 includes specifications for installing, maintaining, and removing temporary flashing beacon systems.
A temporary flashing beacon system must comply with section 87-20. 12-3.34B Materials
The sign panels installed on a temporary flashing beacon system must comply with section 12-3.11. 12-3.34C Construction
Not Used
12-3.34D Payment
Not Used
12-3.35 AUTOMATED WORK ZONE INFORMATION SYSTEMS
12-3.35A General
12-3.35A(1) Summary
Section 12-3.35 includes specifications for installing automated work zone information systems. 12-3.35A(2) Definitions
Reserved
12-3.35A(3) Submittals
Reserved
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
381
12-3.35A(4) Quality Assurance
Assign an on-site system coordinator. The coordinator must be available locally to service, maintain, and relocate system components as necessary. The coordinator must be accessible 24–7 while the system is deployed. If the system fails to perform as specified, perform any necessary remedial work and replace any failed components within 24 hours of notification of a system or component failure. 12-3.35B Materials
12-3.35B(1) General
The AWIS must be a proven system that has been successfully deployed and operated in actual work zones or congested areas.
The system must acquire traffic data throughout the work zone and automatically display predetermined information to motorists without operator intervention after system initialization.
Real-time information must be displayed to motorists using a PCMS. The sign must comply with section 12-3.32.
The system must be controlled either locally or remotely by a dedicated controller or computer.
Authorized users must be able to both locally and remotely override motorist information messages.
Traffic sensors must not require adjustments after the initial deployment. 12-3.35B(2) General System Function Requirements
The general system functions of the AWIS must be capable of:
1. Preventing any unauthorized users or systems from gaining access to the PCMSs through an industry authentication and encryption standard level of security.
2. Providing current operational status locally and remotely. Operational status must include current traffic data and messages, communications system, and power status.
3. Delivering notifications either by telephone, voice, or text messages to alert support staff of trouble conditions.
4. Generating trouble alerts for conditions such as (1) low roadside equipment power or voltage, (2) system communications failure, (3) low speed traffic detected, and (4) excessive delay detected.
5. Adjusting the thresholds of reduced speed and congestion-induced delay at which the system initiates a trouble alert.
6. Allowing programming of the hours during which the trouble condition alerting subsystem initiates notification to authorized users.
7. Measuring periodically and automatically the power levels of all equipment. Alert support staff, locally and remotely via a telephone message, in time to provide supplemental power before the system ceases to operate.
8. Displaying preprogrammed messages based on the time of day and day of week. 12-3.35B(3) Motorist Information Message Requirements
The AWIS must be capable of:
1. Displaying predetermined speed, delay, diversion, and closure messages to motorists when useradjustable thresholds are exceeded.
2. Updating its speed and delay advisory messages at least once per minute. The actual message updates must be consistent with traffic conditions.
3. Selecting messages for each PCMS independently, based on the traffic conditions downstream of the sign.
4. Recording motorist information messages in a comma-separated values file with time and date stamps, including message overrides with user ID.
5. Displaying default messages when traffic conditions, system algorithms, and user parameters do not dictate that an advisory message should be displayed.
6. Displaying separate, independent, default messages on each PCMS.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
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7. Analyzing traffic parameters in work zones in which there are multiple speed limits.
The following parameters for the selection and presentation of information messages must be adjustable by the user:
1. Message update frequency
2. Minimum delay necessary to trigger a delay advisory message
3. Persistence of delay before a delay message is displayed
4. Level of delay required to trigger a diversion message
5. Change in delay needed to cause a delay advisory message update
6. Change in downstream speed at which a speed advisory message update occurs 12-3.35B(4) System Communication Requirements
The wireless communications subsystem of the AWIS must:
1. Operate independently of the public cellular phone system for receiving data to ensure reliable communications
2. Communicate independent of the line of sight or distance
3. Incorporate an error detection and correction mechanism to ensure the integrity of all traffic condition data and motorist information messages
4. Configure automatically during system initialization 12-3.35B(5) Traffic Data Acquisition Requirements
The AWIS must collect accurate traffic data using a speed measurement technique with an accuracy of ±5 mph, allowing specific information messages. The system must collect data during reduced visibility conditions, including precipitation, fog, darkness, excessive dust, and road debris.
The system must (1) archive the data with time and date stamps and (2) aggregate the data in operatordefinable time increments, accessible 24–7 to the Engineer in a comma-separated values file. 12-3.35B(6) User Interface
The system must have a user interface to control the AWIS PCMS communications. The interface must be (1) software compatible with a Windows environment or (2) a web service accessed by a web browser.
Provide any software on a CD or other Engineer-authorized data-storage device for installation at the Department's Transportation Management Center.
The user interface must, at a minimum, provide the user with a list of AWIS PCMSs in the field, location information for each AWIS PCMS, and a real-time on-board display of the message in the field. Control options must, at a minimum, provide the user the ability to change the on-board messages and flash rate. 12-3.35C Construction
Obtain authorization for the message content and the threshold used for triggering the message before displaying any message on a PCMS.
Provide complete setup and support for the AWIS PCMS communications. 12-3.35D Payment
Measurement and payment for Automated Work Zone Information Systems is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.36 PORTABLE TRANSVERSE RUMBLE STRIPS
Reserved
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
383
12-3.37 PORTABLE RADAR SPEED FEEDBACK SIGN SYSTEMS
12-3.37A General
Section 12-3.37 includes specifications for placing, maintaining, and removing portable radar speed feedback sign systems.
12-3.37B Materials
A portable radar speed feedback sign system must comply with the requirements for a temporary radar speed feedback sign system, except it must be trailer mounted. 12-3.37C Construction
Not Used
12-3.37D Payment
Measurement and payment for Portable Radar Speed Feedback Sign Systems is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein.
12-3.38 AUTOMATED FLAGGER ASSISTANCE DEVICES
12-3.38A General
12-3.38A(1) Summary
Section 12-3.38 includes specifications for placing, maintaining, and removing automated flagger assistance devices (AFADs).
12-3.38A(2) Definitions
automated flagger assistance devices: Devices that enable a flagger to be positioned out of the lane of traffic and are used to control motorists through work zones. They are designed to be remotely operated either by a single flagger at one end of the work zone or at a central location, or by separate flaggers near the devices.
12-3.38A(3) Submittals
Submit a copy of the manufacturer's operating instructions for the automated flagger assistance devices. 12-3.38A(4) Quality Assurance
Reserved
12-3.38B Materials
The automated flagger assistance device must comply with the California MUTCD, Section 6E.04, and Section 6E.06, "Red/Yellow Lens Automated Flagger Assistance Devices." The device must:
1. Be equipped with a gate arm, which must not extend into the opposing lane
2. Alternately display a steadily illuminated circular red lens and a flashing circular yellow lens to control traffic
3. Have a fail-safe device that prevents the operator from inadvertently actuating a simultaneous flashing circular yellow lens at both ends of the work zone
4. Have a device that monitors for malfunctions and prevents the display of conflicting indication
5. Have a 24-by-30-inch R10-6 STOP HERE ON RED sign mounted on the trailer The device must continuously monitor the wireless communication links and verify transmission and reception of data between the devices. If communication is lost, the devices must immediately display the circular red/stop indication and lower the gate arms.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
384
12-3.38C Construction
The devices must:
1. Be placed where a flagger station is shown with an unobstructed view from the operator
2. Be placed outside of the traveled lane
3. Be attended by the operator when in use
4. Have a minimum of 9 cones placed on a taper in advance of the device and along the edge of shoulder or edge of the traveled way at 25-foot intervals to a point not less than 25 feet past the device
5. Be clearly visible to approaching traffic and illuminated during the hours of darkness If any device unit becomes inoperative, do one of the following:
1. Replace the unit with the same type and model.
2. Revert to human flagging operations.
3. Terminate all construction activities requiring the use of the devices.
Incorporate the devices into the traffic control using one of the following methods:
1. Method 1: Place one device at each end of the closure.
2. Method 2: Place one device at one end of the closure and a flagger at the opposite end of the closure.
Use two operators for both methods, except you may use a single operator if:
1. Operator has an unobstructed view of the devices
2. Operator has an unobstructed view of approaching traffic in both directions
3. Second flagger is on-site to assist with manual flagging should the device malfunction, or to direct traffic when drivers fail to comply with the devices
When AFADs are in operation:
1. Use portable transverse rumble strips at your discretion
2. Do not use the 48-inch-by-48-inch C9A (CA) sign
3. Do not use the gate cones
12-3.38D Payment
Measurement and payment for Automated Flagger Assistance Devices is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein. 12-3.39 TEMPORARY RADAR SPEED FEEDBACK SIGN SYSTEMS
12-3.39A General
Section 12-3.39 includes specifications for placing, maintaining, and removing temporary radar speed feedback sign systems.
12-3.39B Materials
A temporary radar speed feedback sign system must comply with the requirements under section 87-20. 12-3.39C Construction
Place the system:
1. As far from the traveled way as practicable where it is visible and legible to approaching traffic. Where practicable, place the sign behind a barrier or guardrail.
2. At or before the crest of roadway vertical curvatures that restrict sight distance.
3. At or before the curve of horizontal roadway curvatures that restrict sight distance.
Install a G20-5aP WORK ZONE plaque.
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
385
12-3.39D Payment
Measurement and payment for Temporary Radar Speed Feedback Sign Systems is included in the applicable unit price for Traffic Control. Payment will include costs for all work and materials specified herein.
12-3.40 VARIABLE SPEED LIMIT SIGN SYSTEM
12-3.40A General
12-3.40A(1) Summary
Section 12-3.40 includes specifications for placing, maintaining, and removing variable speed limit sign systems.
12-3.40A(2) Definitions
Reserved
12-3.40A(3) Submittals
Submit as an informational submittal a weekly variable speed limit sign system log report by Tuesday of the following week.
12-3.40A(4) Quality Assurance
Reserved
12-3.40B Materials
12-3.40B(1) General
A variable speed limit sign system consists of:
1. Signs
2. Two flashing beacons
3. Power source
The variable speed limit sign system must:
1. Display the speed limit characters without animation.
2. Automatically adjust the digital display intensity to provide optimum character visibility and legibility under all ambient lighting conditions using a photocell.
3. Create and maintain an electronic log report of the local and remote activities and system failures.
The report must include:
3.1. Date and time
3.2. Location description, county, route, direction, post mile or station, and GPS position
3.3. Speeds shown on the digital display
3.4. ON or OFF status of flashing beacons
3.5. System failure description including:
3.5.1. Cause of failure
3.5.2. List of equipment that failed
3.5.3. Work performed to correct the failure
3.5.4. Duration of failure
3.6. Name and unique user ID for user operating or repairing the system
4. Include local and remote control of digital display legend and flashing beacons.
5. Have a scheduling feature to allow for local or remote pre-programming of the digital display legend and flashing beacons at specific times and dates.
6. Send a real-time text or email message to the designated personnel for the following types of alerts:
6.1. Equipment alerts including low power, loss of power, and loss of communication
6.2. Traffic alerts including flashing beacons ON or Off activations and digital display legend changes
Signs must comply with section 82-2.
The variable speed limit sign includes a digital display as part of the R2-1 sign. The R2-1 sign must be:
FBD Vanguard Construction, Inc.
CPE26-073 SRR Driveway Installation
20 Calendar Days
386
1. 48 by 60 inches for freeways and expressways
2. 36 by 48 inches for conventional highways
The variable speed limit sign systems must include a G20-5aP sign above the R2-1 sign. The G20-5aP sign must have characters:
1. 8 inches in height for freeways and expressways
2. 6 inches in height for conventional highways
The digital display must:
1. Be LED white legend on a black background.
2. Have two numerical characters. Each character must be:
2.1. Based on a minimum 5 x 7 character ratio
2.2. At least 18 inches in height for freeways and expressways
2.3. At least 14 inches in height for conventional highways
3. Have a minimum 30 degrees cone of visibility, ±15 degrees from the centerline.
The flashing beacons must:
1. Be yellow and comply with section 86-1.02R(4), except they may be rated for 12 V.
2. Operate in the alternating flashing mode. The flash rate for the flashing unit must comply with chapter 4L, "Flashing Beacons," of the California MUTCD.
3. Be securely mounted to assembly.
4. Be positioned vertically, one at a distance no more than 12 inches above the edge of the top sign and one at a distance no more than 12 inches below the edge of the bottom sign.
The power source must be either a generator or photovoltaic system and must include batteries to maintain the system's communication and operation for 10 continuous days without external power or recharge.
12-3.40B(2) Portable Variable Speed Limit Sign Systems
A portable variable speed limit sign system must be trailer mounted. 12-3.40B(3) Temporary Variable Speed Limit Sign Systems A temporary variable speed limit sign system must be post mounted under section 82-3. 12-3.40C Construction
Place the variable speed limit sign system:
1. As far from the traveled way as practicable where it is visible and legible to approaching traffic. Where practicable, place the sign behind a barrier or guardrail.
2. At or before the crest of roadway vertical curvatures that restrict sight distance.
3. At or before the curve of horizontal roadway curvatures that restrict sight distance.
4. With the bottom of the R2-1 sign a minimum of 7 feet above the roadway.
Delineate trailers with a taper consisting of 9 traffic cones placed 25 feet apart except when placed behind a barrier. Set up and level the portable system.
Activate the flashing beacons and set the digital display to the reduced speed limit only when workers are present within the construction work zone and no more than 15 minutes before workers arrive in the work zone. Do not display unauthorized speed limits.