CONTRACTING REQUIREMENTS
May 2026 00700 - 46 City of Yuba City
General Conditions Septage Hauling and Receiving Station unsubstantiated, or otherwise without just cause, such Termination for Default will be automatically converted to, and treated as, a Termination for Convenience, in accordance with Section 00700-
8.10.B.
B. Termination for Convenience
1. The City may terminate the Contractor's performance under the Contract, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Contract for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
2. Upon receipt of such written notice of termination, the Contractor shall:
Stop work as specified in the written notice;
Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor include lost profits for uncompleted portions of the Work; Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Contractor in performing the Work whether completed or in process; Settle outstanding liabilities and claims with the approval of City; Complete performance of such part of the Work as has not been terminated; and Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work. 1) Upon receipt of City's written notice of termination for convenience, and within a period of 30 to 60 days, as determined by the City at the time of termination, the Contractor shall submit to the Construction Manager a Termination Proposal which shall include, but is not limited to, the Contractor's estimated costs to be incurred by the Contractor as a result of the termination for convenience, and as allowed by the Contract Documents, including all documentation to support such costs; the status of the Work at time of termination; the status of termination of the Contractor’s subcontractor(s) and supplier(s) agreement(s) including the amount of each such agreement, amount paid under each agreement up to the date of termination, and the amount that currently remains due and owing under each agreement for Work completed as of the date of termination, if any; a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Construction Manager; and any other information and/or documentation as required by City.
2) Upon receipt of City's written notice of termination for convenience, the Contractor shall submit to the Construction Manager a request for final payment in accordance with the requirements of the Contract. Such request shall be submitted promptly, but no later than sixty (60) days from the effective date of the termination for convenience. 3) The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Contract at time of termination, including the following:
a) Any actual costs incurred by the Contractor for restocking charges; b) The agreed upon price of protecting the Work in any manner, if any, as directed by the City;
c) The cost of settling and paying claims arising out of the termination of the Work under subcontract agreements or orders with the City's approval, as specified
CONTRACTING REQUIREMENTS
May 2026 00700 - 47 City of Yuba City
General Conditions Septage Hauling and Receiving Station above, exclusive of the amounts paid or payable on account of goods delivered or work furnished by a subcontractor prior to the effective date of the termination; and d) The contract price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Contract Documents, reduced by any sums previously paid to the Contractor.
3. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted by the City against the Contractor, or by any third party against the City which arises out of the Contractor's work.
8.11 CONTRACTOR’S RIGHT TO TERMINATE
A. Upon ten (10) days written notice to the City, the Contractor may terminate this Agreement for any of the following reasons:
1. If the Work has been stopped for a one hundred and eighty (180) consecutive day period due to:
A court order or order of other governmental authorities having jurisdiction; or As a result of the declaration of a national emergency or other governmental act during which, through no act or fault of the Contractor, materials are not available; or The City's failure to pay the Contractor in accordance with the Contract Documents; or
2. If the Work is suspended by the City, without cause attributable to the wrongful acts of Contractor, for one hundred and eighty (180) consecutive days.
B. The Contractor’s exclusive remedy in the event of termination under Section 8.10, Contractor’s Right to Terminate, shall be to recover from City payment on the same terms as provided in Section 8.09.B, Termination for Convenience, resulting from a properly noticed termination for the specific reasons allowed for in this Section 8.10, Contractor’s Right to Stop Work or Terminate.
C. The provisions of this Section 8.10, Contractor’s Right to Stop Work or Terminate, are not intended to preclude Contractor from making a Claim as provided for in the Contract Documents for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Section 8.10, Contractor’s Right to Stop Work or Terminate.
**END ARTICLE 8**
CONTRACTING REQUIREMENTS
May 2026 00700 - 48 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 9 - CHANGES IN THE WORK
9.01 GENERAL
A. City may at any time, without notice to the Sureties, by written Order, make changes in the Work within the general scope of the Contract, including but not limited to additions, deletions or other revisions, changes in the Contract Documents and in the method and manner of performing the Work. Such changes will be ordered through a Field Directive, Field Order or Change Order . A Change Order may be bi-lateral, signed by both the City and Contractor or unilateral signed only by the City.
B. Any change in scope of Work or deviation from Contract Documents including, without limitation, extra Work, or alterations or additions to or deductions from the original Work, shall not invalidate the original Contract, and shall be performed under the terms of the Contract Documents. The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, as outlined in this Section.
C. The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.
D. Only Contractor or City may initiate changes in scope of Work or deviation from Contract Documents.
E. Timeline: Within fifteen (15) Days of receipt of a Request for Proposal (RFP) for a Potential Change Order (PCO) from the City, Contractor must submit in a format acceptable to the City, four (4) copies of Contractor’s proposed cost and time estimates detailing the amount to be added to or deducted from the Contract Sum and Contract Time due to the proposed change. The Contractor’s proposal must include:
1. Detailed estimates and other documentation supporting the proposed cost; and
2. Proposed adjustments of the Contract Time that is known by the Contractor to be directly or indirectly attributable to the proposed Change Order. All requests for adjustment to the Contract Time must be supported by a detailed schedule analysis as specified in Section 01324, Progress Schedule and Reports.
F. Failure to submit cost and time estimate: If Contractor fails to submit the required information and documentation within the 15-Day time limit, City has the right to issue a Unilateral Change Order. The Contract Sum and Contract Time will be changed in accordance with the City’s estimate of cost and time, unless, within fifteen (15) Days following completion of the added Work or with written notice to delete portions of the Work, the Contractor submits to the City written proof that the City’s estimate is in error.
G. If, after the Contractor has submitted their cost and time proposal, the City and the Contractor fail to successfully negotiate and agree on a time and/or cost for the proposed Change Order, the City may issue a Unilateral Change Order to the Contractor and the Contractor must proceed with the changed Work. If the Contractor disputes any portion of the unilateral Change Order, the Contractor must maintain time and materials records as specified in Section 00700-9.02.D, Field Order- Force Account Work. If the Contractor fails to maintain such records or fails to submit such records within fifteen (15) Days following completion of the added Work, City’s estimate will be used for the purpose of final adjustment in Contract Time and Contract Sum.
H. Adjustment of the Contract Sum and/or Contract Time will be determined in accordance with Section 00700- Article 9, Changes in the Work.
I. Contractor’s failure to provide a complete and timely notice of change/delay and/or Change Order request, or to comply with any other requirement of this Article, shall constitute a waiver by Contractor of the right to a contract adjustment on account of such circumstances and a waiver of any right to further recourse or recovery by reason of or related to such change by means of the claims dispute resolution process or by any other legal process otherwise provided for under applicable laws.
CONTRACTING REQUIREMENTS
May 2026 00700 - 49 City of Yuba City
General Conditions Septage Hauling and Receiving Station
9.02 CONTRACT MODIFICATION PROCEDURES AND TIMELINES
A. Field Directive:
1. The Contractor may be issued a Field Directive.
2. If Contractor is satisfied with the Field Directive and does not request change in Contract Sum or Contract Time, then the Field Directive shall be executed without a Change Order.
3. If Contractor believes the Field Directive results in a change to Contract Sum or Contract Time, then Contractor must notify the Construction Manager with seven (7) days following receipt of Field Directive. Contractor shall proceed with executing work described in the Field Directive regardless of time or cost impacts, which are to be evaluated subsequent to or concurrently with field directive work. A proposed change order may be issued for the City’s consideration for any resulting time or cost impacts which are outside of the project scope of work. The Contractor shall within fifteen (15) days from the date of notification provide detailed justification and analysis as well as complete pricing and schedule CPM fragmentary network to support any request for time extension.
4. Should the Contractor proceed with the work affected before receipt of a response from the Construction Manager, any portion of the work which is not done in accordance with the City's interpretation, clarifications, instructions, or decisions shall be subject to removal or replacement and the Contractor shall be responsible for all losses.
5. If the parties are unable to agree on the Field Directive’s impact to the Contract Sum or Contract Time, then Contractor may file a Claim in accordance with Section 00700- Article 11, Protests, Disputes and Claims.
B. Request for Proposal (RFP) for a Potential Change Order (PCO)
1. A request for a proposed cost made to the Contractor by the City to add, delete or change the Work. RFP’s shall not be deemed to be directions to proceed with any addition, deletion or change to the Work.
2. Whenever Contractor is required to prepare a Cost Proposal, and whenever Contractor is entitled to submit a Cost Proposal and elects to do so, Contractor shall prepare and submit to City for consideration. All Cost Proposals must contain a complete breakdown of costs of credits, deducts, and extras; and itemize materials, labor, equipment, special services, taxes, overhead and profit.
All Subcontractor Work shall be so indicated. Individual entries on the Cost Proposal form shall follow the cost items defined in Cost Determination in this Section. The Contractor shall provide all required information requested in the RFP no later than fourteen (14) days after receiving the RFP.
3. Upon receipt of a Cost Proposal with a detailed breakdown as prescribed herein this Section, the Construction Manager will act promptly thereon. If Construction Manager accepts a Cost Proposal, Construction Manager will prepare a Change Order for City and Contractor signatures. If Cost Proposal is not acceptable to Construction Manager because it does not agree with cost and/or time included in Cost Proposal, Construction Manager will submit in a response what it believes to be a reasonable cost and/or adjustment, if any. Except as otherwise provided in this Section, Contractor shall have seven (7) days in which to respond to Construction Manager with a revised Cost Proposal.
4. If the parties do not agree on the price or time for an RFP, City may either issue a Unilateral Change Order pursuant to Section 00700-9.02.C, Unilateral Change Orders, as defined below.
Contractor shall perform the changed Work notwithstanding any claims or disagreements of any nature.
5. When necessity to proceed with a change does not allow the Construction Manager sufficient time to conduct a proper check of a Cost Proposal (or revised Cost Proposal), Construction Manager may order Contractor to proceed on basis to be determined at earliest practical date. In this event, value of change, with corresponding equitable adjustment to Contract, shall not be more than increase or less than decrease proposed.
CONTRACTING REQUIREMENTS
May 2026 00700 - 50 City of Yuba City
General Conditions Septage Hauling and Receiving Station C. Unilateral Change Orders:
1. If at any time City believes in good faith that a timely Bilateral Change Order will not be agreed upon using the procedures in this Article, City may issue a Unilateral Change Order with its recommended cost and/or time adjustment. Upon receipt of the Unilateral Change Order, the Contractor shall promptly proceed with the change of Work involved and concurrently respond to City's Unilateral Change Order within ten (10) calendar days.
2. Contractor's response must be any one of following:
Return Unilateral Change Order signed, thereby accepting City's response, time, and cost.
Submit a (revised if applicable) Cost Proposal with supporting documentation (if applicable, reference original Cost Proposal number followed by letter A, B, etc. for each revision), if City so requests.
Give notice of intent to submit a Claim as described in Section 00700-11.03, Notice of Potential Claim.
3. If the Unilateral Change Order provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods:
Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation.
Unit prices stated in the Contract Documents or subsequently agreed upon.
Cost to be determined in a manner agreed by the City and Contractor.
4. A Unilateral Change Order signed by Contractor indicates the agreement of Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them.
Such agreement shall be effective immediately and shall be recorded as a Change Order.
5. If Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by Construction Manager on the basis of reasonable expenditures and savings of those performing the Work attributable to the change including, in case of an increase in the Contract Sum, an allowance for overhead and profit in accordance with 00700-9.03.B, Mark-Up Allowances. If the parties still do not agree on the price for a Unilateral Change Order, Contractor may file a Claim in accordance with Section 00700-Article 11, Protests, Disputes and Claims. Contractor shall keep and present, in such form as Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this paragraph shall be limited to those provided in Section 00700-9.03, Cost Determination.
6. Pending final determination of cost to City, amounts not in dispute may be included in Applications for Payment.
D. Field Order- Force Account Work
1. If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the work as described in Section 00700-9.03, Cost Determination.
2. Prior to the commencement of force account work, the Contractor shall notify the Construction Manager of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor using a City supplied form or equivalent form approved by the Construction Manager. The reports, if found to be correct, shall be signed by both the Contractor and Construction Manager, or inspector, and a copy of which shall be furnished to the Construction Manager no later than the working day following the performance of said work.
The Daily Extra Work Report sheet shall thereafter be considered the true record of force account work provided. If the Construction Manager, or inspector, do not agree with the labor, equipment and/or materials listed on the Contractor's daily force account report, the Contractor and
CONTRACTING REQUIREMENTS
May 2026 00700 - 51 City of Yuba City
General Conditions Septage Hauling and Receiving Station Construction Manager, or inspector, shall sign-off on the items on which they are in agreement.
The Construction Manager shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice as provided in Section 00700- Article 11, Protests, Disputes and Claims.
3. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations.
4. To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Construction Manager, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Construction Manager after the thirty (30) day period has expired.
5. The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Construction Manager and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by vendor's invoices acceptable to the Construction Manager.
E. Unit Price Work
1. Contractor must include in each unit price an amount considered by Contractor to be adequate to cover all Contractor’s costs plus overhead and profit for each separately identified unit price item.
2. If there is any variance of less that twenty-five percent (25%) between the City’s estimated number of units of Work stated on the Section 00400, Bid Form, Bid Schedule and the actual number of units of authorized Work performed, there shall not be an adjustment of unit prices by reason of overruns or underruns; each unit of authorized Work performed will be paid for at the Contract unit price for that item of Work.
3. If the final quantity of any item of authorized Work varies from the City’s estimated quantity for that item of Work by twenty-five percent (25%) or more, the unit price for that item of work will be adjusted by Change Order.
4. All changes in Contract Sum and Contract Time due to quantity variations in unit price Work accepted by City's Representative are subject to approval by the City Engineer upon completion of the Contract by approval of a final balancing Change Order.
5. See Section 00700-9.04, Increased or Decreased Quantities for further Unit Price requirements.
F. Deleted Work
1. When Work is deleted, the City is entitled to a credit for the deleted Work.
2. The adjustment to the Contract Sum for deleted Work will be computed in accordance with Section 00700-9.02, Contract Modification Procedures and Timelines.
3. If Contractor has ordered acceptable material for the deleted Work before the date of notification of such deletion by City, and if orders for such material cannot be canceled, such material will be paid for by City at Contractor’s actual cost. In such case, the material paid for will become City’s property and City will pay the actual cost of any further handling. If the material is returnable to the vendor and if City so Directs, Contractor must return the material and City will pay the actual costs of returning the material, including reasonable and verifiable handling and restocking charges.
The actual costs or charges to be paid by City to Contractor for deleted materials as provided in this paragraph will be computed in the same manner as if the Work were to be paid for on a Force Account basis as provided in Section 00700-9.02.D, Field Order-Force Account Work with a markup for deleted work as provided in Section 00700-9.03.B.4.
CONTRACTING REQUIREMENTS
May 2026 00700 - 52 City of Yuba City
General Conditions Septage Hauling and Receiving Station G. Differing Site Conditions
1. Contractor must immediately, and in any event no later than twenty-four (24) hours after discovery, and before such conditions are disturbed, notify City in writing of:
Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law Subsurface or latent physical conditions at the Project Site which Contractor asserts differ materially from those indicated in the Contract Documents; or Unknown physical conditions at the Project Site, of an unusual nature, which Contractor asserts differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
2. City will promptly investigate the conditions. If City finds that such conditions do materially differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the Work pursuant to this Contract, whether or not changed as a result of such conditions, an equitable adjustment will be made in accordance with Section 00700- Article 9, Changes in the Work.
3. Contractor shall submit Notices of Hazardous Waste Conditions to resolve problems regarding hazardous materials encountered in the execution of the Work pursuant to Section 00700-9.02.G, Differing Site Conditions, which shall govern.
4. Contractor has no right to an adjustment in Contract Sum or Contract Time pursuant to this Section 00700- 9.02.G, Differing Site Conditions, unless Contractor submitted the notice required in Section 00700-8.03.A, Notice of Delays, except that City may extend the notification time upon Contractor’s written request in order to obtain additional relevant information.
5. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
6. Contractor has no right to an adjustment in Contract Time or Contract Sum after accepting Final Payment pursuant to this Contract.
H. Contractor Cost Reduction Proposals: See 00700-9.08, Cost Reduction Incentive, below for procedures on Cost Reduction Proposals, also known as Value Engineering Proposals.
I. All Changes
1. Upon request of the Construction Manager, the Contractor shall provide the following information to support the request for change in cost:
Copy of original quotations, purchase orders or invoices to verify costs included in original bid.
Copy of all quotations, purchase orders or actual invoices to support new costs submitted.
Copy of all subcontracts.
Copy of all employee time records and wage rates paid.
Copy of all insurance and bond costs resulting from change.
Copy of all quantity takeoff sheets for materials, labor and equipment.
Certified payroll records.
Certified composite wage rate statements including employees’ base rate and Contractor’s contributions for fringe benefits, subsistence and travel.
CONTRACTING REQUIREMENTS
May 2026 00700 - 53 City of Yuba City
General Conditions Septage Hauling and Receiving Station A list of equipment with manufacturer’s name and model number and the alphanumeric designation used in the Equipment Rental Rates prepared by the California Department of Transportation.
Invoices for all rental equipment.
Other information, as required, to document the labor, equipment and materials used.
2. 0700-9.05, Cost Pricing Data and Access to Records, provides expanded Contractor requirements regarding providing access to cost pricing data and related change records.
3. Correlation of Other Items:
Contractor shall revise Schedule of Values and Application for Payment forms to record each authorized Change Order, Unilateral Change Order, or Field Order as a separate line item and adjust the Contract Sum as shown thereon prior to the next monthly pay period.
Contractor shall revise the Progress Schedules prior to the next monthly pay period to reflect the effects of all authorized Change Order, Unilateral Change Order, or Field Order.
Contractor shall enter changes in Project Record Documents prior to the next monthly pay period.
9.03 COST DETERMINATION
A. Direct Cost Categories: The categories described below are defined to be direct costs. No other type of costs will be allowable as a direct cost. Direct costs shall not include any labor costs or indirect costs pertaining to the Contractor's and subcontractor's managers or superintendents, their office and engineering staffs, the cost of their offices, facilities, vehicles, or anyone not directly employed on such work, nor small tools (as defined in item 3.c below) and supplies. All such items are considered indirect costs which form a part of the Contractor's and subcontractors' overhead expenses. The City reserves the right to furnish such labor, materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such items.
1. Direct Field Labor:
The cost of labor for workers (including forepersons when authorized by the Construction Manager) used in actual and direct performance of the work by the Contractor will be the sum of the following:
1) The actual wages paid plus any employer payments to, or on behalf of workers for fringe benefits including health and welfare, pension, vacation and similar purposes. 2) All payments imposed by State and Federal Laws including, but not limited to, workers’ compensation insurance, and social security payments. The rates used for workers’ compensation insurance shall be actual rates paid by the Contractor for each specific craft and broken down by wage rate if applicable to that craft. 3) Liability insurance burden applied to Contractor's payroll. Contractor shall provide adequate backup information to Construction Manager to verify this burden rate is indicative of the actual rates paid by the Contractor as a percent of labor.
Except as otherwise may be agreed to in writing by the Construction Manager, the actual wages and benefits paid for manual classifications of Contractor's on-site workers will not, in the aggregate, be more than the current applicable wage for each classification as established by the State of California Director of Industrial Relations.
Specifically prohibited from the labor costs are other payroll burden factors such as small tools (as defined in item 3.c below), bonuses of any kind and safety incentives.
Contractor shall include the actual travel and/or subsistence costs, if any, as a separate line item under the labor cost category. Except as otherwise may be agreed to in writing by the Construction Manager, the actual travel and/or subsistence costs will not be more than established in an applicable Master Labor Agreement or the State of California Director of Industrial Relations.
Within fifteen (15) days following Notice to Proceed date, the Contractor shall submit to Construction Manager for approval a breakdown of labor costs as allowed herein for each
CONTRACTING REQUIREMENTS
May 2026 00700 - 54 City of Yuba City
General Conditions Septage Hauling and Receiving Station expected craft used in the Work showing straight time and overtime rates. These rates would be good during defined period for each craft until wages are changed by the either Union Master Labor Agreements, if Contractor is signatory, or the Department of Industrial Relations.
Contractor shall revise Schedule of Values and Application for Payment forms to record each authorized Change Order, Unilateral Change Order, or Field Order as a separate line item and adjust the Contract Sum as shown thereon prior to the next monthly pay period.
Contractor shall revise the Progress Schedules prior to the next monthly pay period to reflect the effects of all authorized Change Order, Unilateral Change Order, or Field Order.
Contractor shall enter changes in Project Record Documents prior to the next monthly pay period.
2. Materials
The cost of all materials, including all factory testing, freight and delivery costs of materials, accepted by the City and used in performing the work will be the cost to the Contractor from the supplier thereof. All discounts for early payment shall accrue to the Contractor unless the City’s payment to Contractor is paid to Contractor before discount payment is due in which case discount savings will be fully credited to City on next progress billing. All rebates and all returns from the sale of surplus materials shall be credited to the Cost of the Work.
For materials used in construction of the Project which may have additional uses on other projects for the Contractor’s benefit, such as dimensional lumber, beams and plywood to form concrete or temporary diversion pipes, the Contractor shall submit a material unit cost to cover use of these types of materials for the approval of the City prior to delivery to the Work Site. This unit cost shall take into account the use of such materials on other past and future projects.
3. Construction Equipment
The cost of construction machinery and equipment for changes shall be based on fair rental cost or equivalent rental cost of owned equipment. Such costs will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the rental rates listed for such equipment in the State of California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates" which is in effect on the date upon which the work is performed.
City-operated equipment rates shall not exceed the rates in the aforesaid Rental Rate publication plus the labor costs as provided in Section 00700-9.03.A.1, Direct Field Labor.
The rental cost allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs and no further allowances will be made for those items, unless specific written agreement to that effect is made. Compensation for idle time of equipment through delays caused by the City will be made consistent with Section 8-
1.09, Right of Way Delays, of the Caltrans Standard Specifications.
Individual items of construction equipment or small tools which have a replacement value of $500 or less shall not be charged to the Change Order work unless it can be demonstrated that the particular item is needed solely for the completion of the Change Order work.
Within fifteen (15) days following Notice to Proceed date, the Contractor shall submit to Construction Manager for approval a list of hourly rates for equipment owned by the Contractor and expected to be used in the Work.
4. Special Services
When the Construction Manager and the Contractor, by agreement, determine that special service or item of extra Work cannot be performed by forces of the Contractor or those of any Subcontractors, service or extra Work item may be performed by a specialist. These types of services will be paid based on an agreed upon current market rate.
B. Mark-up Allowances: The Contractor and subcontractors shall be entitled to compensation for indirect field and home office overhead costs, and profit for Change Order work. This compensation shall be in
CONTRACTING REQUIREMENTS
May 2026 00700 - 55 City of Yuba City
General Conditions Septage Hauling and Receiving Station the form of markup percentages applied to the direct cost of the Change Order work, as further described below. The maximum markup which will be allowed for the Contractor's combined overhead and profit will be:
1. For work by its own organization, the Contractor may add up to the following percentages:
Direct Cost Category All Work
except by Force Account
All Force Account Work
Direct Field Labor 25% 20%
Materials 10% 10%
Construction Equipment 15% 15%
Special Services 5% 5%
2. For all such work performed by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in B.1 above to its actual net increase in costs for combined overhead and profit. The Contractor may add up to five percent (5%) of the subcontractor's total for its combined overhead and profit. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor.
3. For all such work done by subtier-subcontractors, such sub-subcontractors may add the same percentages as the Contractor as listed in B.1 above to its actual net increase in costs for combined overhead and profit. The subcontractor may then add up to five percent (5%) of the sub-subcontractor's total for its combined overhead and profit. The Contractor may add up to five percent (5%) of the subcontractor's total for its combined overhead and profit. No further compensation will be allowed for the subcontractors' and Contractor's administration of the work performed by the subtier-subcontractor. No additional mark-ups will be allowed for further tiered subcontracts.
4. For Deleted Work: When work is deleted, the City is entitled to a credit for the deleted work. The credit must include direct labor, materials, equipment, and special services as defined above plus overhead and profit of the Contractor and Subcontractor, as applicable to deleted Work. Deleted overhead and profit shall be computed as five percent (5%) of the direct labor, materials, equipment, and special services as defined above. For example, if a $10,000 direct cost item of Work is deleted, the credit to the City would be $10,500. The Contractor shall not be entitled to nor claim for anticipated profits on work that may be deleted.
5. For combinations of Added and Delete Work: The costs before markups of added and deleted Work must be separately estimated. If the difference between such costs results in an increase, the markups for added Work will be applied to such difference. If the difference in such costs results in a decrease, the markups for deleted Work will be applied to such difference.
6. To the total of the actual costs and fees allowed herein for both Added and Deleted work, not more than two and one half percent (2.5%) shall be added for additional bond and builder’s risk insurance. The compensable percentage for additional bonds and insurance shall be based on the Contractor's actual costs, as substantiated through documentation submitted to the Construction Manager.
7. The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, small tools, incidentals and any other general expenses. The above fixed fees represent the maximum limits which will be allowed, and they include but are not limited to the Contractor's and all subcontractors' indirect field and home office expenses and all other costs for cost proposal preparation, schedule analysis and preparation, operation and maintenance manual documentation, and record documents and change order administration.
9.04 INCREASED OR DECREASED QUANTITIES
A. General:
1. Increases or decreases in the quantity of a Contract unit price bid item of work will be determined by comparing the total pay quantity of such item of work with the Bid Schedule quantity.
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2. If the total pay quantity of any item of work required under the Contract varies from the Section 00400, Bid Form, Bid Schedule quantity by twenty-five percent (25%) or less, payment will be made for the quantity of work of said item performed at the Contract unit prices therefor, unless eligible for adjustment pursuant to Section 9.04, Increased or Decreased Quantities.
3. If the total pay quantity of any item of work required under the Contract varies from the Bid Schedule quantity by more than twenty-five percent (25%), in the absence of an executed Contract change order specifying the compensation to be paid, the compensation payable to the Contractor will be determined in accordance with 9.04.E, Changes in the Character of the Work.
B. Increases of More Than 25 Percent:
1. Should the total pay quantity of any item of work required under the Contract exceed the Bid Schedule quantity by more than twenty-five percent (25%), the work in excess of 125 percent of the Bid Schedule quantity will be paid for by adjusting the Contract unit price, as hereinafter provided. At the option of the Construction Manager, payment for the work involved in such excess will be made on the basis of force account as provided by Section 00700-9.02.D, Field OrderForce Account Work.
2. Such adjustment of the Contract unit price will be the difference between the Contract unit prices and the actual unit costs, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs will be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Bid Schedule quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the Construction Manager in the same manner as if the work were to be paid for on a force account basis as provided in Section 00700-9.02.D, Field Order-Force Account Work, or such adjustment will be as agreed to by the Contractor and the Construction Manager.
3. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Bid Schedule quantity is less than $5,000 at the applicable Contract unit price, the Construction Manager reserves the right to make no adjustment in said price if it so elects, except that an adjustment will be further considered if requested in writing by the Contractor.
C. Decreases of More Than 25 Percent:
1. Should the total pay quantity of any item of work required under the Contract be less than seventyfive percent (75%) of the Bid Schedule quantity, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the revised quantity will be paid for by adjusting the Contract unit price as hereinafter provided. At the option of the Construction Manager, payment for the quantity of the work of such item performed will be made on the basis of force account as provided in Section 00700-9.02.D, Field Order-Force Account Work. However, in no case shall the payment for such work be less than that which would be made at the Contract unit price.
2. Such adjustment of the Contract unit price will be the difference between the Contract unit price and the actual unit cost of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Construction Manager in the same manner as if the work were to be paid for on a force account basis as provided in Section 00700-9.02.D, Field Order-Force Account Work; or such adjustment will be as agreed to by the Contractor and the Construction Manager.
3. The payment for the total pay quantity of such item of work will in no case exceed the payment which would have been made for the performance of seventy-five percent (75%) of the Bid Schedule of the quantity for such item at the original Contract unit price.
D. Eliminated Items Covered by Unit Prices:
1. In the event that a part of the Work is to be eliminated in its entirety and such Work is covered by unit price(s) contained in the Bid and/or Contract Documents, the price of the eliminated Work item shall be based on the applicable unit price(s). The unit price includes compensation for all Contractor’s field and home office overhead costs and no further mark-ups will be allowed.
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2. Should any Contract item of the Work be eliminated in its entirety, in the absence of an executed Contract change order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated Contract item if incurred prior to the date of notification in writing by the Construction Manager of such elimination.
3. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Construction Manager, and if orders for such material cannot be canceled, it will be paid for at the actual cost. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the Construction Manager so directs, the material shall be returned and the Contractor will be paid for the actual costs of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for by the City. In addition for payment for actual material and handling charges, the Contractor shall be paid five percent (5%) for the eliminated Work item in consideration of the applicable Contractor's overhead costs.
E. Changes in Character of Work:
1. If an ordered change in the Plans and Specifications materially changes the character of work of a Contract unit price bid item from that on which the Contractor based its Bid price, and if the change increases or decreases the actual unit cost of such changed item as compared to the actual or estimated actual unit cost of performing the work of said item in accordance with the Plans and Specifications 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:
2. The basis of such adjustment in compensation will be the difference between the actual unit cost 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 determined by the Construction Manager in the same manner as if the work were to be paid for on a force account basis as provided in Section 00700-9.02.D, Field Order-Force Account Work; or such adjustment will be agreed to by the Contractor and the Construction Manager. Any such adjustment will apply only to the portion of the work of said item actually changed in character. At the option of the Construction Manager, the work of said item or portion of item which is changed in character will be paid for by force account as provided in Section 00700-9.02.D, Field Order-Force Account Work.
3. If the compensation for an item of work is adjusted under this Section, the costs recognized in determining such adjustment shall be excluded from consideration in making an adjustment for such item of work under the provisions in this Section 9.04.B, Increases of More Than 25 Percent, and 9.04.C, Decreases of More Than 25 Percent.
9.05 COST PRICING DATA AND ACCESS TO RECORDS
A. All cost and pricing data submitted by the Contractor with respect to any change, prospective or executed, or any claim for extra compensation shall be a true, complete, accurate and current representation of actual cost and pricing of the work. The Construction Manager may require a formal certification as to cost and pricing data submitted by the Contractor.
B. The Construction Manager shall have access, upon reasonable notice during normal business hours, to any books, documents, accounting records, papers, project correspondence, project files, scheduling information and other relevant records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as changes and claimed extra work, and the Contract for the purpose of making audit, examination, excerpts and transcriptions and in order to verify or evaluate any change, prospective or executed, or any claim for which compensation has been requested or notice of potential claim has been tendered.
C. Such books, documents, and other records mentioned above shall include, but are not limited to all those reasonably necessary to determine the accurate amount of direct and indirect costs, job Site, and delay and impact costs, however characterized, and shall include the original Bid and all documents related to the Bid and its preparation, as well as, the as-planned construction schedule and all related documents.
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General Conditions Septage Hauling and Receiving Station D. Such access shall include the right to examine and audit such records and make excerpts, transcriptions, and photocopies at the City's cost.
9.06 TIME EXTENSIONS FOR CHANGE ORDERS
A. If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements of this Section 00700 and Section 01324, Progress Schedule and Reports.
9.07 CONTRACTOR’S ACCEPTANCE OF CHANGE ORDERS
A. Contractor’s written acceptance of a Change Order constitutes final and binding agreement to the provisions thereof and a waiver of all Claims in connection therewith, whether direct, indirect or consequential. Pursuant to California Public Contract Code §7100, Contractor may specifically exclude individual Change Order items from operation of the Contractor’s written acceptance of the Change Order and waiver of all Claims in connection therewith. A general statement that the Contractor reserves their right to Claim additional time and/or money at a future date for all Work associated with the Change Order is not permitted.
B. If Contractor disagrees with any terms or conditions of a Change Order, Contractor must sign it with the statement “Signed Under Protest” and attach a written statement detailing the basis of the disagreement.
C. The written statement detailing the basis of the disagreement must specifically identify each item to be excluded from the Contractor’s waiver and state why the Contractor is unable to determine the time and/or money due from the City for the items excluded from the Contractor’s release.
9.08 CONSTRUCTION COST REDUCTION INCENTIVE (VALUE ENGINEERING PROPOSAL) A. General
1. The cost-reduction incentive program provides a mechanism by which the Contractor can be motivated to use his construction expertise to improve contract performance and thereby create an overall reduction in the total cost of the Contract. The Contractor and its subcontractors may participate in the cost-reduction program; however, participation of the subcontractors shall be through the Contractor. In addition, the sharing arrangement between the Contractor and the subcontractor must be mutually agreed upon by the Contractor and its subcontractor, and written evidence of such agreement will be submitted along with the submittal of the cost-reduction proposal.
2. No cost reduction proposals shall be submitted for which the City's share in the participation of the proposals is not greater than $5,000.
3. Cost-reduction proposals shall comply with the following conditions:
The proposed change shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to, service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.
The proposed change will not cause undue interruption of the Contract work, nor shall the proposed change be allowed to extend the Contract completion date of the project unless an extension provides a specific project benefit.
The proposed change shall be in compliance with all local permits and regulations and code requirements as set forth in the contract documents.
The proposed change shall not involve payment of royalties by the City to the Contractor.
B. Proposal Submittal:
1. The cost-reduction proposal shall generally conform to Section 01330, Submittal Procedures. The cost-reduction proposals shall contain as a minimum the following information:
Name of individuals associated with the development and preparation of the cost-reduction proposal.
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General Conditions Septage Hauling and Receiving Station A detailed description and duly signed plans and specifications showing work as presently designed and the proposed changes. Clear identification of all advantages and disadvantages for each change proposed.
A summary of estimated costs which shall include but not be limited to the following:
1) Project construction costs before and after the cost-reduction proposal. This shall be a detailed estimate identifying the following items:
a) Quantities of material and equipment.
b) Unit prices of materials and equipment.
c) Labor hours and rates for installation.
d) Equipment hours and rates for installation.
e) Subcontractors and prime contractor markups.
f) Other estimate items necessary to evaluate the proposal. 2) Operation and maintenance costs before and after the cost-reduction proposal. 3) Costs for implementing the cost-reduction proposal not included in item 1 above. 4) Other costs as required to meet all local permits, regulations, and code requirements as set forth in the contract documents.
5) Time required for execution of the proposed change.
A preliminary schedule indicating the general time impacts for implementing the proposed change. Also indicate the date that the cost-reduction proposal needs to be approved for implementation.
2. If the City advises the Contractor that the proposed change will be reviewed for more detailed consideration and approval, a detailed procedure and schedule for implementing the proposed change shall be submitted. This detailed procedure and schedule shall include all necessary Contract amendments. This submittal shall also include a copy of the current Contractor's schedule showing all changes which would occur if the cost-reduction proposal were accepted.
3. The provisions of Section 00700-9.08, Construction Cost Reduction Incentive, shall not be construed to require the City or Engineer to consider any cost-reduction proposal which may be submitted. The City will not be liable to the Contractor for failure to accept or act upon any costreduction proposal submitted pursuant to this Section nor for any delays to the work attributable to any such proposal. The City shall not be responsible or liable for payment of any of the Contractor's costs associated with a non-accepted proposal.
4. If a cost-reduction proposal is similar to a change in the Contract Documents under consideration by the City at the time said proposal is submitted, or if such a proposal is based upon or similar to standard specifications, standard special provisions, or standard plans adopted by the City after the advertisement for the Contract, the City will not accept such proposal, and the City reserves the right to made such changes without cost-reduction compensation to the Contractor under the provisions of this Section.
5. The Contractor shall continue to perform the work in accordance with the requirements of the contract until an executed change order, incorporating the cost-reduction proposal has been issued. If an executed change order has not been issued by the date upon which the Contractor's cost-reduction proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost-reduction proposal shall be deemed rejected.
6. The City shall be the sole judge of the acceptability of the cost-reduction proposal and the estimated net savings in construction costs from the adoption of all or any part of such proposal.
In determining the estimated net savings, the right is reserved to disregard the contract bid prices if in the judgment of the City, such prices do not represent a fair measure of the value of work to be performed or to be deleted.
7. The City reserves the right, where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a cost-reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall
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General Conditions Septage Hauling and Receiving Station indicate its acceptance thereof in writing, and such acceptance shall constitute full authority for the City to deduct amounts payable to the City from any monies due or may become due to the Contractor under the Contract.
C. Acceptance:
1. If the Contractor's cost-reduction proposal is accepted in whole or in part, such acceptance will be by a Contract change order, which shall specifically state that it is executed pursuant to 00700- Article 9, Changes in the Work. Such change order shall incorporate the changes in the Plans and Specifications, which are necessary to be put into effect and shall include any conditions upon which the City's approval thereof is based, if the approval of the City is conditional. The change order shall also set forth estimated net savings in construction costs attributable to the costreduction proposal effectuated by the change order and shall further provide that the Contractor be paid fifty percent (50%) of said estimated net savings amount. The Contractor's cost of preparing the cost-reduction proposal and the City's costs of investigating a cost-reduction proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs.
2. Acceptance of the cost-reduction proposal and performance of the work thereunder shall not extend the time of completion of the contract, unless specifically provided for in the contract change order authorizing the use of the cost-reduction proposal.
3. The amount specified to be paid to the Contractor in the change order which effectuates a costreduction proposal shall constitute full compensation to the Contractor for the cost-reduction proposal and the performance of the work thereof pursuant to the said change order.
4. The City expressly reserves the rights to adopt a cost-reduction proposal for general use on contracts administered by the City when it determines that said proposal is suitable for the application to other contracts. When an accepted cost-reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation pursuant to this Section, and in that case, only as to those contracts awarded to this same Contractor prior to submission of the accepted cost-reduction proposal and as to which such costreduction proposal is also submitted and accepted. Cost-reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this Section, if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the City. **END ARTICLE 9**
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General Conditions Septage Hauling and Receiving Station ARTICLE 10 - PAYMENTS
10.01 BASIS OF PAYMENT
A. General:
1. The Contractor shall accept the compensation, as herein provided, 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, also for all expenses incurred in consequence of the suspension or discontinuance of the Work as herein specified; and for completing the Work according to the Contract Documents. 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.
2. No compensation will be made in case of loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
3. Full compensation for conforming to all of the provisions of the Contract Documents shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
B. Payment for Patents and Patent Infringement:
1. All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the Work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, its officers, agents, employees, the Construction Manager, and Design Engineers, together with all their officials, officers, volunteers, agents, and employees harmless from and any and all suits and claims including claims for attorney’s fees, expert’s fees and costs brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract.
Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the Project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the Project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this Project.
C. Payment of Taxes:
1. The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with its performance of this Contract, whether before or after acceptance of the work, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, including any taxes or assessments levied or increased during the performance period of the work. No separate allowance will be made therefor, and all costs in connection therewith shall be included in the total amount of the Contract price.
10.02 PARTIAL PAYMENTS
A. General:
1. In consideration of the faithful performance of the Work prosecuted in accordance with the Contract Documents, the City will pay the Contractor for all such work installed on the basis of unit prices and/or percentage completion of lump sum Bid Items. Amounts earned for lump sum work will be based on accepted Cost Breakdown (See Technical Specifications).
2. Payments will be made by the City to the Contractor on estimates duly certified and approved by the Construction Manager, based on the Lump Sum or unit price value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the Site by the Contractor and not yet incorporated into the work
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General Conditions Septage Hauling and Receiving Station accompanied by an approved invoice). Payments will not be made for temporary construction unless specifically provided for in the Contract Documents.
3. Partial payments will be made monthly based on work accomplished as of a day mutually agreed to by the City and the Contractor.
4. The Contractor shall submit a completed and signed progress payment request form with its estimate of the work completed during the prior month and the work completed to date in a format corresponding to the unit price schedule and accepted cost breakdown. Additionally, the Contractor shall submit a detailed statement of the Contractor's request for payment of acceptable materials and equipment on hand in compliance with Section 00700-10.03, Partial Payments - Inclusion of Materials on Hand. Each payment request shall list each Change Order executed prior to date of submission, including the Change Order Number.
5. Contractor shall certify each payment request stating that the Contractor has met all requirements of the Contract Documents for all amounts included in the payment request and that all work included in the payment request has been performed in accordance with the Contract Documents.
6. Upon receipt of Contractor's requests for payment, the City shall act in accordance with the following:
The Construction Manager shall review the submitted estimates, as soon as practicable after receipt for the purpose of determining that the estimates are a proper request for payment, and shall prepare a certified estimate of the total amount of work done and acceptable materials and equipment on hand.
Any request for payment 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 for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper.
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 (7) day return requirement set forth in subdivision (b) above.
B. If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. The Construction Manager will adjust or correct the payment request, and will be available to meet and discuss the partial payment request prior to its resubmittal(s). When the Contractor's estimate of amount earned conforms with the Construction Manager's evaluation, the Contractor shall submit to the Construction Manager a properly completed and signed progress payment request. The Construction Manager will submit the recommended progress payment request for the City's approval and processing. Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Section 00700-10.04, Right to Withhold Amounts.
C. No such estimate or payment shall be required to be made, when in the judgment of the Construction Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Construction Manager's judgment the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000).
D. Subject to the provisions of this Section, the City shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. In accordance with California Public Contract Code §20104.50, if the City fails to pay an undisputed request for payment 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 §685.010 of the California Code of Civil Procedure.
E. Each progress payment request and the final payment request shall be deemed “proper” only if it is submitted on the form approved by the City, with all of the requested information completely and accurately provided by the Contractor.
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10.03 PARTIAL PAYMENTS- INCLUSION OF MATERIALS ON HAND
A. Materials, as used herein, shall be considered to be those items which are fabricated and manufactured material and equipment. Only those materials for which the Contractor can transfer clear title to the City will be qualified for partial payment. The Contractor may request payment of seventy-five (75) percent of the actual net cost of these materials. The request for partial payment will be subject to retention as provided elsewhere in the Contract Documents.
B. To receive partial payment for materials and equipment not incorporated in the Work, it shall be necessary for the Contractor to submit to the Construction Manager a list of such materials, at least seven (7) days prior to submitting the monthly estimate of amount earned for work completed. At the Construction Manager's sole discretion, it may approve items for which partial payment is to be made subject to the following:
1. Equipment and materials will only be eligible if given conditional or final acceptance by the Design Engineer and are in apparent compliance with favorably reviewed shop drawings.
2. Eligible equipment or materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Construction Manager and in accordance with the accepted Operation and Maintenance Manuals, at the job Site or at a bonded warehouse in the vicinity, a maximum of 30 miles, of the Work. In addition to the requirements noted herein, equipment or materials stored offsite are subject to the following:
Contractor will immediately, permanently, and prominently label all of the materials with the following notice: “THIS MATERIAL IS THE PROPERTY OF THE CITY”.
Contractor will, concurrent with payment, execute and deliver to the City a Bill of Sale.
Contractor warrants to the City that no third party has a lien against any of the Materials, and that Contractor has full power and authority to convey clear title to the Materials to the City by Bill of Sale. If the City so requests, Contractor will cooperate in the filing of a UCC-1 notification or other documentation placing notice of the City’s title in applicable state records.
Contractor to store all of the Materials in a climate controlled and secured facility protected from adverse weather conditions in accordance with the Operations and Maintenance Manuals. The City has the right to inspect and approve the proposed facility.
Contractor shall provide access to the facility when requested by the City.
All warranty periods for the Materials will commence as described in the Contract Documents.
Risk of loss as to the Material shall remain with the Contractor until Substantial Completion of the Work under the Contract.
Contractor shall keep the Material fully insured for the benefit to the City, and provide the City with a satisfactory certificate of insurance showing such coverage.
Any Material warranties under the Contract shall commence only upon Substantial Completion or beneficial occupancy as provided in the Contract.
The City reserves the right that if the above conditions are not met by the Contractor, the City shall adjust future monthly progress payments to reduce previously-paid materials on hand to zero or an amount the City deems appropriate.
The Contractor is responsible for the risk of damage, theft, vandalism, or loss.
C. Effect of Payment: Payment will be made by City based on the Construction Manager’s observations at the Site and the data comprising the progress payment request. Payment will not be a representation that the City has:
1. made exhaustive or continuous on-site inspections to check the quality or quantity of Work;
2. reviewed construction means, methods, techniques, sequences or procedures;
3. reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by City to substantiate Contractor’s right to payment;
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4. made examination to ascertain how or for what purpose Contractor has used money previously paid on account of the Contract Sum; or
5. accepted all or part of the Work.
10.04 RIGHT TO WITHHOLD AMOUNTS
A. Retention: The City will withhold from each of the partial payments and retain as part security, five percent (5%), of the amount earned until the final payment in accordance with Public Contract Code §7201.
B. Other Withholds: In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover:
1. For defective work not remedied.
2. A reasonable doubt that the Contract can be completed for the balance then unpaid.
3. Damage to another contractor or third party, or to property.
4. Failure of the Contractor to maintain Project Record Documents current as required in the Technical Specifications.
5. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance.
6. Failure to submit, revise, resubmit or otherwise conform to the requirements herein for preparing and maintaining a construction schedule as required in Section 01324, Progress Schedules and Reports.
7. Failure to make proper submissions, as specified herein.
8. Payments due the City from the Contractor.
9. Reduction of Contract Amount because of modifications.
10. The Contractor's neglect or unsatisfactory prosecution of the Work including additional engineering and administrative costs related to construction and/or shop drawing errors and the failure to clean up.
11. Provisions of law that enable or require the City to withhold such payments in whole or in part.
12. Stop Notice claims filed by Contractor’s subcontractors, of any tier, or its material suppliers.
13. Failure to comply with environmental or other regulatory requirements.
14. Liquidated damages.
C. When the above reasons for withhold amounts are removed, payment will be made to the Contractor for amount withheld because of them.
D. The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, City shall be deemed the agent of Contractor, and any payment so made by City shall be considered as a payment made under the Contract by City to Contractor and City shall not be liable to Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. City will render to Contractor a proper accounting of such funds disbursed in behalf of Contractor.
10.05 STOP NOTICES
A. City will comply with California Civil Code 9000 et seq. regarding Stop Notices.
B. All Preliminary and Stop Notices must be sent to the City’s Project Representative, named in the Section 00510, Agreement.
10.06 SECURITY SUBSTITUTION FOR RETENTION
A. Pursuant to Public Contract Code §22300 (the provisions of which are hereby incorporated herein by reference) the Contractor may substitute securities for any moneys withheld by the City as retention
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General Conditions Septage Hauling and Receiving Station under Sections 00700-10.02, Partial Payments, or 00700-10.09, Final Inspection and Payment, to ensure performance under the contract; however, substitution of securities shall not be allowed hereunder if financing for this Contract has been provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), or where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay those moneys to Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor.
B. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract.
C. Securities eligible for investment include those listed in §16430 of the California Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit that are secured by securities listed in §16430 of the Government Code or that contain terms and conditions that provide assurances of financial integrity substantially equivalent to that of securities listed in said §16430, or any other security of like financial integrity mutually agreed to by Contractor and City. The City reserves the right to determine the acceptability of eligible securities proposed by Contractor for substitution of moneys withheld as retention. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
D. If Contractor elects to receive interest on moneys withheld in retention by City, Contractor shall, at the request of any subcontractor, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. If Contractor elects to receive interest on any moneys withheld in retention by City, then the subcontractor shall receive the identical rate of interest received by Contractor on any retention moneys withheld from the subcontractor by Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor.
E. The provisions of the immediately preceding paragraph shall apply only to those subcontractors performing more than five (5%) percent of Contractor’s total bid. Contractor shall not require any subcontractor to waive any provision of this Section pertaining to the rights of subcontractors.
F. The escrow agreement used hereunder shall be null, void, and unenforceable unless it is substantially similar to the form included in Public Contract Code §22300 which is reproduced in Section 00580, Sample Escrow Agreement, for Security Deposits in Lieu of Retention.
G. Specific securities proposed for investment shall be submitted to the City for determination of acceptability. Standby letters of credit are not eligible for investment.
10.07 WARRANTY OF TITLE
A. No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the City free from any claims, liens, security interests, or charges. The Contractor further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon, provided that this shall not preclude the Contractor from installing metering devices and other equipment of utility companies or of
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General Conditions Septage Hauling and Receiving Station municipalities, the title of which is commonly retained by the utility company or the municipality. In the event of the installation of any such metering device or equipment, the Contractor shall advise the City as to the legal City thereof.
B. Nothing contained in this paragraph, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the City. The provisions of this Paragraph shall be inserted in all subcontracts and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the work when no formal Contract is entered into for such materials.
10.08 SUBSTANTIAL COMPLETION
A. When the Contractor considers that the Work or portion of the Work as defined in the Technical Specifications is substantially complete, the Contractor shall notify the Construction Manager accompanied with the Contractor’s Certification of Completion letter. Upon receipt of the notification, the Construction Manager, the City, the Design Engineer, and/or their authorized representatives will make inspection, to determine if the Work and administrative requirements are sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the Construction Manager shall notify the Contractor in writing of such items by issuing a Corrective Work Item List.
B. Upon the completion of such corrective work, the Contractor shall so notify the Construction Manager in writing. The Construction Manager, the City, and/or the Design Engineer shall inspect the Work to determine its acceptability for Substantial Completion and for determination of other items which do not meet the terms of the Contract. Upon verification that the Work is substantially complete the Construction Manager shall prepare a Certificate of Substantial Completion and the Punch List. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, commencement of warranties required by the Contract Documents, and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the Punch List or remaining work or administrative requirements accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate. By such acknowledgment, the City has the right to retain, in accordance with applicable law, withheld monies due the Contractor to pay the City's actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the Punch List within the time period provided in the Certificate of Substantial Completion, which costs the City may deduct from amounts due or that may become due the Contractor under the Contract.
10.09 FINAL INSPECTION AND PAYMENT
A. After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the Construction Manager. The letter, pursuant to California Public Contract Code §7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, its officers, employees, the Construction Manager, the Design Engineer, and their duly authorized agents, from all claim of and/or liability to the Contract arising by virtue of the Contract related to undisputed contract amounts. Disputed Contract claims in stated amounts previously filed as provided in Section 00700-Article 11, Protests, Disputes and Claims, may be specifically excluded by the Contractor from the operation of the release.
B. Following receipt of all required submittals and the Construction Manager's written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance.
C. Within ten (10) days of the acceptance by the City of the completed work embraced in the Contract, the City will cause to be recorded in the office of the County Recorder a Notice of Completion.
D. Within sixty (60) days after the date of the completion of the Project pursuant to Public Contract Code section 7107, the City will pay the Contractor in lawful money such sums of money as may be due the Contractor and are undisputed including all sums retained but excluding such sums as have previously
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General Conditions Septage Hauling and Receiving Station been paid the Contractor. This payment will constitute the final payment to the Contractor under this Contract. Prior to receipt of such payment, the Contractor shall send City a "conditional waiver and release upon final payment" properly executed in accordance with California Civil Code §8132.
E. The City will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor and as may be needed to cover outstanding stop notices. This payment will constitute the final payment to the Contractor under this Contract.
F. In the event of a dispute between the City and the Contractor, the City may in accordance with California Public Contract Code §7107 withhold from the final payment an amount of 150 percent of the disputed amount.
**END ARTICLE 10**
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May 2026 00700 - 68 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 11 - PROTESTS, DISPUTES AND CLAIMS
11.01 PROTESTS
A. If Contractor contends that it was directed by the Construction Manager to perform Work outside the requirements of the Contract Documents, or if Contractor considers any direction, instruction or decision of Construction Manager to be incorrect or improper, Contractor must immediately notify City’s Representative in writing within five (5) days of such directive, instruction, or decision before proceeding with such Work.
B. If Contractor proceeds with such Work without complying with the requirements of Section 00700-
11.01.A above, providing advance written notification, Contractor will be deemed to have assented that the Work is within the Contract’s requirements, and Contractor will have forfeited any right to a protest or Claim.
11.02 DISPUTES
A. A Dispute is a written disagreement submitted by the Contractor seeking adjustment of Contract terms, payment of money, extension of Contract Time or other relief with respect to the terms of the Contract.
B. A Dispute is not a Claim.
C. Each Dispute must involve only one issue to be decided by the City.
D. Dispute documentation must be complete when submitted.
E. The evaluation of the Contractor's position will be based on City's records and the Dispute documentation submitted by Contractor.
F. Contractor must furnish Dispute documentation in the following format:
1. Introduction and Issue Identification.
2. Background.
3. Chronology.
4. Contractor's Position (Reason for City's potential liability).
5. Supporting documentation of merit.
6. Supporting documentation of damages.
7. Schedules (if appropriate).
8. Productivity exhibits (if appropriate).
G. Supporting documentation of merit must be cited by reference, photocopies, or explained. Supporting documentation may include, but not be limited to General Conditions, General Requirements, Technical Specifications, Drawings, correspondence, conference notes, Shop Drawings and other Submittals, Submittal logs, survey books, inspection reports, delivery schedules, test reports, daily reports, subcontracts, fragmentary Critical Path method schedules, photographs, technical reports, Requests for Information, field instructions, and other related records necessary to support the merit of Contractor's position.
H. Supporting documentation of damages must be cited, photocopied, or explained. Supporting documentation may include but not be limited to any or all documents related to the preparation and submission of the Bid; Subcontractor, Supplier or vendor files and cost records; certified payroll reports, materials, equipment, and construction equipment and services costs; purchase orders; invoices; project as-planned and as-built costs; Subcontractor and Supplier payment documentation; quantity reports; other related records; general ledger and any other accounting materials necessary to support the Contractor's position.
I. The City may elect to enter into discussions and/or negotiations with the Contractor for the purpose of resolving the Dispute. Negotiations on Disputed Work are for settlement purposes only and are not binding.
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General Conditions Septage Hauling and Receiving Station J. City’s Representative will decide Disputes and Claims. The Contractor will be furnished with a written copy of the City’s decision.
11.03 NOTICE OF POTENTIAL CLAIM
A. Contractor is not entitled to additional compensation for any cause unless Contractor submits to the Construction Manager a written notice of the potential Claim as hereinafter specified.
B. The written notice of potential Claim must set forth the reasons for which Contractor believes additional compensation and/or time will or may be due, the nature of the costs and/or time involved, and, insofar as possible, the amount of the potential Claim. The said notice as above required must have been submitted to Construction Manager before Contractor performs the Work giving rise to the potential Claim for additional compensation and/or time, if based on an act or failure to act by City, or in all other cases within fourteen (14) Days after the happening of the event, thing or occurrence giving rise to the potential Claim.
C. Compliance with the foregoing shall not be a prerequisite to any Claim that is based on differences in measurement or errors of computations as to Contract quantities.
11.04 CONTEMPORANEOUS DOCUMENTATION
A. Contractor must contemporaneously generate full and complete records of the cost and time incurred to perform Disputed Work.
B. Beginning with the first day on which any Disputed Work is performed, and each following Day, Contractor must maintain detailed hourly records of labor, construction equipment, and services, and itemized records of materials and equipment used each Day in the performance of the Disputed Work.
Such records must be of a form acceptable to Construction Manager, must be signed by Contractor, and are subject to verification by Construction Manager.
11.05 CLAIMS
A. A Claim is a separate unresolved Dispute by the Contractor for:
1. a Contract Time extension;
2. 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
3. an amount the payment of which is disputed by the City.
B. If a Dispute or Disputes have not been resolved to the satisfaction of the Contractor, the Contractor may submit a Claim along with detailed documentation supporting the Claim.
C. A single Claim may include multiple issues. However, each issue in a Claim must be separately identified and supported.
D. Contractor must submit certified copies of the Claim documentation. Certification must be provided in accordance with Section 00700-11.05.J below.
E. All Claim documentation must be complete when submitted.
F. Each issue to be decided by the City must be clearly identified in the Claim. Issues not clearly identified and included in the certified Claim will not be considered.
G. The evaluation of the Contractor's Claim will be based on City's records and the certified Claim documentation submitted by Contractor.
H. Claim Documentation: Claim documentation must conform to generally accepted auditing standards and must be in the following format:
1. Introduction.
2. General Background Discussion.
3. Summary of Issues and Damages.
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General Conditions Septage Hauling and Receiving Station
4. Issues:
Index of Issues.
For Each Issue (Begin each issue on a new page).
1) Background.
2) Chronology.
3) Contractor's Position (Reason for City's potential liability). 4) Supporting Documentation of Merit.
5) Supporting Documentation of Damages.
6) Schedules (if appropriate).
7) Productivity exhibits (if appropriate).
5. Supporting documentation of merit must be cited by reference, photocopies, or explained.
Supporting documentation may include, but not be limited to General Conditions, General Requirements, Technical Specifications, Drawings, correspondence, conference notes, Shop Drawings and other Submittals, Submittal Logs, survey books, inspection reports, delivery schedules, test reports, daily reports, subcontracts, fragmentary Critical Path method schedules, photographs, technical reports, Requests for Information, field instructions, and other related records necessary to support the merit of Contractor's position.
6. Supporting documentation of damages must be cited, photocopied, or explained. Supporting documentation may include but not be limited to any or all documents related to the preparation and submission of the Bid; Subcontractor, Supplier or vendor files and cost records; certified payroll reports, materials, equipment, and construction equipment and services costs; purchase orders; invoices; project as-planned and as-built costs; Subcontractor and Supplier payment documentation; quantity reports; other related records; general ledger and any other accounting materials necessary to support the Contractor's position.
I. Submission of Claim Costs: Within thirty (30) days after incurring the last cost of work for which the Contractor contends it is due additional compensation is incurred, but if costs are incurred over a span of more than thirty (30) days, then within fifteen (15) days after the thirtieth day and every month thereafter, the Contractor shall submit to the Construction Manager, as best the Contractor is able, its costs incurred for the claimed matter. Claims shall be made in itemized detail, and should the Construction Manager be dissatisfied with the format or detail of presentation, upon request for more or different information, the Contractor will promptly comply, to the satisfaction of the Construction Manager. If the additional costs are not fully ascertainable, they shall be estimated with as much accuracy as possible in the circumstances. The Construction Manager shall have the right as provided in Section 00700-9.05, Cost Pricing Date and Access to Records, to review the Contractor’s records pertaining to a submitted claim. In case the claim is found to be just, it shall be allowed and paid for as provided in Section 00700-Article 9, Changes in the Work.
J. Each original copy of the Claim must include the following certification, signed in the same manner as the Agreement was signed:
1. Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code §12650 et seq., the undersigned, Name:
Title:
Company:
hereby certifies that this Claim is made in good faith, is a true statement of the actual costs incurred and time sought, is fully supported pursuant to the Contract between parties, that the supporting documentation is accurate and complete to the best of my knowledge and belief, and that the amount requested accurately reflects the Contract adjustments for which City is responsible.
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General Conditions Septage Hauling and Receiving Station Dated: Signed:
Subscribed and sworn before me this ______ day of ________ 20__ Commission Expires
(Notary Public)
K. Failure to submit the notarized certification will be sufficient cause for rejecting the Claim submission.
L. If Contractor is unable to support any part of a certified Claim and it is determined that such inability is attributable to falsity of such certification or misrepresentation of fact or fraud by Contractor, Contractor shall be liable to City for three (3) times the amount of damages which City sustains, plus the cost of civil action, and may be liable to City for a civil penalty of up to Ten Thousand Dollars ($10,000) for each false claim.
11.06 PROCESSING OF CLAIMS
A. General: This Contract provides for three types of Contract Claims, which will be processed and resolved under different subsections. Any claim for money or damages of $375,000 or less or for a time extension (i.e., any claim subject to California Public Contract Code §20104) shall be processed and resolved in accordance with Section 00700-11.06.B below. Any claim for money or damages of more than $375,000 (i.e., any claim not subject to Public Contract Code §20104) shall be processed and resolved in accordance with Section 00700-11.06.C below. Any Contract Claim sent to City by registered mail or certified mail with return receipt requested (i.e., any claim subject to Public Contract Code §9204) shall be processed and resolved pursuant to Section 00700-11.06.D.
B. Claims for $375,000 or Less or for Time Extension and Not Sent by Registered or Certified Mail.
1. Application: This subsection applies to all claims (not sent by registered or certified mail) for $375,000 or less in value, including any claim for a time extension or for a time extension that includes claimed delay damages of $375,000 or less.
2. City Response to Contract Claim: The Construction Manager shall respond in writing to the Contract Claim within sixty (60) days of receipt of the claim (or within forty-five (45) days of receipt for claims of less than $50,000), or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subsection, upon mutual agreement of the Construction Manager and the Contractor. The Construction Manager’s written response to the claim, as further documented, shall be submitted to the Contractor within thirty (30) days after receipt (or fifteen (15) days after receipt for claims of less than $50,000) of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. The City shall not fail to pay money as to any portion of a Contact Claim that is undisputed except as otherwise provided in the Contract Documents.
3. Meet and Confer: If the Contractor disputes the Construction Manager’s written response, or the Construction Manager fails to respond within the time prescribed, the Contractor may notify the City, in writing, either within fifteen (15) days of receipt of the Construction Manager’s response or within fifteen (15) days of the Construction Manager’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such a demand, the City shall schedule a meet and confer conference within thirty (30) days for the parties to consider settlement of the dispute. If the Contractor fails to timely demand a meet and confer conference within the applicable 15-day period, then the Contractor shall be deemed not to dispute the Construction Manager’s written response to the Contract Claim and the Construction Manager’s decision on the Contract Claim shall be final, conclusive and binding, and the Contractor shall be deemed to have waived all its rights to further protest, judicial or otherwise.
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General Conditions Septage Hauling and Receiving Station
4. Government Code Claim: Following the meet and confer conference, if the Contract Claim or any portion remains in dispute, the Contractor may file a Government Code Claim as provided in Government Code title 1, division 3.6, part 3, chapters 1 (commencing with section 900) and 2 (commencing with section 910). The running of the period of time within which Contractor must file a Government Code Claim shall be tolled from the time the Contractor submits a timely Contract Claim pursuant to 00700-11.03 through 11.05 above until the time that the Contract Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. The City shall respond to any Government Code Claim in accordance with the Government Claims Act.
5. Lawsuit: If the claim is not resolved pursuant to Section 00700-11.06.B.4 above, the Contractor may file a lawsuit on the claim within the limitations period provided by the Government Claims Act. If the Contractor fails to timely file a lawsuit within the limitations period of the Government Claims Act, then the City’s response to the Government Code Claim shall be final, conclusive and binding on the Contractor, and the Contractor thereafter shall be barred from filing a lawsuit on the claim.
6. Mediation: If the Contractor timely files a lawsuit, then within sixty (60) days, but no earlier than thirty (30) days, following the filing of responsive pleadings, the court shall submit the matter to non-binding mediation (unless waived by mutual stipulation of both parties). The mediation process shall provide for the selection within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. The mediator’s fees and expenses shall be split and paid equally between the parties. The court may, upon request by any party, order any witnesses to participate in the mediation process.
7. Arbitration: If the matter remains in dispute following the mediation or if the parties waive the mediation, then the case shall be submitted to judicial arbitration pursuant to Code of Civil Procedure part 3, title 3, chapter 2.5 (commencing with section 1141.10), notwithstanding section 1141.11 of that code. The Civil Discovery Act of 1986 (Code of Civil Procedure part 4, title 3, chapter 3, article 3 (commencing with section 2016)) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. The arbitrator shall be experienced in public works construction law. The arbitrator’s fees and expenses shall be split and paid equally by the parties, except where the arbitrator, for good cause, determines a different division. The court may, upon request by any party, order any witnesses to participate in the arbitration process. Any party who, after receiving an arbitration award, requests a trial de novo but does not obtain a more favorable judgment shall (in addition to payment of any costs and fees under Code of Civil Procedure part 3, title 3, chapter 2.5 (commencing with section 1141.10)) pay the attorney's fees of the other party arising out of the trial de novo.
8. Interest: In any lawsuit filed under this subsection, City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the lawsuit is filed in court.
C. Claims for More Than $375,000 and Not Sent by Registered or Certified Mail:
1. Application. This subsection applies to all claims (not sent by registered or certified mail) that exceed $375,000 in value, including any claim for a time extension that includes claimed delay damages exceeding $375,000.
2. City Response to Contract Claim. The Construction Manager shall respond in writing to the Contract Claim within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim that the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subsection, upon mutual agreement of the Construction Manager and the Contractor. The Construction Manager’s written response to the claim, as further documented, shall be submitted to the Contractor within thirty (30) days after receipt of the further documentation. If the Contractor fails to timely dispute the
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General Conditions Septage Hauling and Receiving Station Construction Manager’s decision on the matter in accordance with Section 00700-11.06.C.3 below, then the Contractor shall be deemed not to dispute the Construction Manager’s written response to the Contract Claim and the Construction Manager’s decision shall be final, conclusive and binding, and the Contractor shall be deemed to have waived all its rights to further protest, judicial or otherwise.
3. Government Code Claim. If the Contractor disputes the Construction Manager’s written response to the Contract Claim, the Contractor may file a Government Code Claim as provided in Government Code title 1, division 3.6, part 3, chapters 1 (commencing with section 900) and 2 (commencing with section 910). City shall respond to any Government Code Claim in accordance with the California Government Claims Act.
4. Lawsuit. If the claim is not resolved pursuant to 00700-11.06.C.3 above, the Contractor may file a lawsuit on the claim within the limitations period provided by the Government Claims Act. If the Contractor fails to timely file a lawsuit within the limitations period of the Government Claims Act, then the City’s response to the Government Code Claim shall be final, conclusive and binding on the Contractor, and the Contractor thereafter shall be barred from filing a lawsuit on the claim.
5. Judicial Reference. If the Contractor timely files a lawsuit, the case shall be submitted to judicial reference pursuant to California Code of Civil Procedure sections 638 and 640 through 645.1 (or any successor statute) and California Rules of Court title 3, division 9 (commencing with section
3.900). As authorized by Code of Civil Procedure section 638, a referee will consider and decide all factual and legal issues in the action. Each party acknowledges that it will not have any right to a jury trial or to have any judicial officer besides the referee hear or decide the action. When Contractor initiates the superior court lawsuit, it will, at the same time it files the complaint in the action, also file a motion for appointment of a single referee.
Appointment of a referee shall be by mutual agreement within thirty (30) days between the parties, and if unsuccessful, then by the court and will be governed by Code of Civil Procedure §640, and subject to objection by either party as provided by Code of Civil Procedure §641. The referee must be a retired judge or a licensed attorney with at least ten years substantive experience in public works construction matters.
The parties shall be entitled to discovery and the referee shall oversee discovery and may enforce all discovery orders in the same manner as a superior court judge. The referee shall have the authority to consider and rule on appropriate pre-hearing and post-hearing motions in the same manner as a superior court judge. The referee will have the authority to set a briefing and hearing schedule for any such motion or for a hearing on the merits.
The referee’s statement of decision shall include findings of fact and conclusions of law. The statement of decision will stand as the decision of the superior court and, upon filing of the statement with the clerk of the court, judgment may be entered pursuant to Code of Civil Procedure §644, subsection (a). The parties will have rights to appeal the final judgment so entered.
Each party will pay half of the costs of the referee and the administrative fees of the reference proceeding, and each party will bear its own costs, expenses and attorney fees for the reference proceeding.
D. Claims Subject to California Public Contract Code §9204
1. This subsection applies to all Contract Claims sent by registered or certified mail with return receipt requested. The Contract Claim will be processed and resolved pursuant to Public Contract Code §9204, which is summarized here:
City Review of Claim. Within forty-five (45) days after receiving a complete Contract Claim, City shall review the claim and provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. City will pay any undisputed portion of the claim within sixty (60) days from the date of the written statement. If City fails to timely issue a written statement, then the claim shall be deemed rejected in its entirety.
Meet and Confer Conference. If the Contractor disputes the City’s written statement or if the Contract Claim is deemed rejected, the Contractor may demand and the parties will conduct an informal conference to meet and confer regarding settlement in accordance with §9204,
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General Conditions Septage Hauling and Receiving Station subsection (d)(2)(A). Within ten (10) business days following the conclusion of the meet and confer conference, City shall provide Contractor a written statement identifying the portion (if any) of the claim remaining in dispute and any undisputed portion will be paid by City within sixty (60) days after this written statement.
Non-Binding Mediation. Any remaining disputed portion of the claim shall be submitted to nonbinding mediation in accordance with §9204, subsection (d)(2)(B).
Interest. Any amount not paid in a timely manner as required by this subsection shall bear interest at a rate of 7 percent per annum until paid.
The foregoing is a summary of §9204. In the event of any conflict between the summary and §9204, the statute will govern.
2. Lawsuit and Reference: If mediation is unsuccessful and all or parts of the Contract Claim remain in dispute, then the Contractor may pursue a lawsuit (with judicial reference) in accordance with the procedures set forth at 00700-11.06.C.4 through 11.06.C.5. Any lawsuit under this section
11.06.C.5 will be subject to judicial reference in the same manner as under 11.06.C.4.
E. Contract Work Pending Claim Resolution: Unless otherwise directed in writing by the Construction Manager, pending resolution of a claim under this Article 11, the Contractor shall continue to diligently prosecute the Work in accordance with the Contract Documents and the instructions of the Construction Manager.
F. Records of Disputed Work: In proceeding with a disputed portion of the Work, the Contractor shall keep accurate daily records of all costs, including a summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services that are used. Such information shall be submitted to the Construction Manager on a daily basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work. Failure to comply with this paragraph shall constitute a waiver of the Contractor’s claim for additional compensation or a time extension as to that day.
G. Claim Meetings: From time to time the Contractor may request or the Construction Manager may call a special meeting to discuss outstanding claims should it deem this a means of possible help in the resolution of the claim. The Contractor shall cooperate and attend prepared to discuss its claims, and make available the personnel, subcontractors and suppliers necessary for resolution, of the claim. In addition, the Contractor shall timely provide all documents relevant to the claim which may reasonably be requested by the Construction Manager.
H. Tort Claims: The provisions of this Article 11 apply only to contract-based claims and they shall not apply to tort claims, and nothing in this Article 11 is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Government Code title 1, division 3.6, part 3, chapters 1 (commencing with section 900) and 2 (commencing with section 910).
11.07 UNSUCCESSFUL NEGOTIATIONS
A. Unsuccessful negotiations to resolve Claims or Disputes are for settlement purposes only and are not binding.
**END ARTICLE 11**
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General Conditions Septage Hauling and Receiving Station ARTICLE 12 - PROTECTION OF PERSONS AND PROPERTY
12.01 SAFETY PROVISIONS
A. Contractor's Safety Responsibility:
1. The Contractor shall be solely and completely responsible for conditions of the jobsite, 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 U.S.
Department of Labor (OSHA), the California Occupational Safety and Health Act (Cal/OSHA), and all other applicable Federal, State, County, and local laws, ordinances, codes, including but not limited to the requirements set forth below, and any regulations that may be detailed in other parts of these Contract Documents. In the event of conflicting requirements, the most stringent requirement as it pertains to the Contractor’s safety responsibility, shall be followed by the Contractor.
2. THE CONTRACTOR IS HEREBY INFORMED THAT WORK ON THIS PROJECT COULD BE PHYSICALLY DANGEROUS TO WORKERS. NO WORK SHALL PROCEED UNTIL EACH
WORKER AND SUBCONTRACTOR UNDERSTANDS THE SCOPE OF THE WORK AND ALL SAFETY RULES AND WORK PROCEDURES TO BE FOLLOWED. THE CONTRACTOR SHALL
NOT ALLOW A NEW EMPLOYEE OR NEW SUBCONTRACTOR TO BEGIN WORK ON CITY PROJECTS WITHOUT A PROPER SAFETY ORIENTATION. THE CONTRACTOR SHALL
CAREFULLY INSTRUCT ALL PERSONNEL WORKING ON THIS PROJECT REGARDING
THESE DANGERS INCLUDING, BUT NOT LIMITED TO, CONFINED SPACES, POTENTIALLY
EXPLOSIVE ATMOSPHERES, HANDLING OF CHEMICALS, AND POSSIBLE EXPOSURE TO PATHOGENS. THE CONVEYANCE AND TREATMENT OF RAW SEWAGE AND ITS BYPRODUCTS CAN INTRODUCE PATHOGENIC ORGANISMS, WHICH MAY CAUSE DISEASES
SUCH AS SALMONELLOSIS, TYPHOID FEVER, PARATYPHOID FEVER, BACILLARY
DYSENTERY, CHOLERA, INFECTIOUS HEPATITIS, POLIO, AMOEBIC DYSENTERY, GIARDIASIS, CRYPTOSPORIDIOSIS, AND OTHERS.
3. THE CONTRACTOR IS ADVISED THAT THE WORK MAY TAKE LONGER AND MAY REQUIRE SPECIAL EQUIPMENT IN ORDER TO PROPERLY CONFORM TO SAFETY REQUIREMENTS.
THE CONTRACTOR SHALL PROVIDE PERSONAL HYGIENE, SAFETY, AND PERSONAL
PROTECTIVE SUPPLIES, EQUIPMENT AND TRAINING AS ARE NECESSARY TO PREVENT INJURY TO PERSONNEL AND DAMAGE TO PROPERTY. SPECIAL CARE SHALL BE EXERCISED RELATIVE TO WORK UNDERGROUND.
4. No provision of the Contract Documents shall act to make the City, the Construction Manager, Design Engineer or any other party than the Contractor responsible for safety. The Contractor agrees that for purposes of California Labor Code §6400 and related provisions of law the Contractor, the Contractor's privities and any other entities acting pursuant to this contract will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities acting pursuant to this contract and that neither the City nor the Construction Manager, Design Engineer or their respective officers, officials, employees, agents or volunteers or other authorized representatives will be responsible for having hazards corrected and /or removed at the location(s) where the work is to be performed.
5. The Contractor agrees that neither the City nor the Construction Manager, Design Engineer or their respective officers, officials, employees, agents or volunteers or other authorized representatives will be responsible for taking steps to protect the Contractor's employees from such hazards, or for instructing the Contractor's employees to recognize such hazards or to avoid the associated dangers. The Contractor agrees that with respect to the work to be performed under this contract and the location(s) where such work is to be performed, the Contractor will be responsible for not creating hazards, and for having hazards corrected and/or removed.
6. The Contractor agrees that through the safety obligations contained in this contract and the Contractor's own inspection of the Site(s) where the contract work is to be performed, the Contractor is aware and has been notified of the hazards to which the Contractor's employees may be exposed in the performance of contract work. The Contractor has taken and/or will take
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General Conditions Septage Hauling and Receiving Station appropriate, feasible steps to protect the Contractor's employees from such hazards, and has instructed and/or will instruct its employees to recognize such hazards and how to avoid the associated dangers.
7. The Contractor agrees that neither the City nor the Construction Manager, Design Engineer or their respective officers, officials, employees, agents, or volunteers or other authorized representatives will be “employers” pursuant to California Labor Code §6400 and related provisions of law with respect to the Contractor, the Contractor's privities or other entities acting pursuant to this contract.
8. The Contractor shall indemnify, defend, and hold City and Construction Manager, Design Engineer and their respective officers, officials, employees, agents and volunteers or other authorized representatives harmless to the full extent permitted by law concerning liability related to the Contractor’s safety obligations in accordance with Section 00700- Article 13, Insurance and Indemnification.
If death, serious or minor injuries, or serious or minor damages are caused, the accident shall be reported immediately by telephone or messenger to both the Construction Manager and the City.
In addition, the Contractor shall furnish the Construction Manager with a copy of the Employer's Report of Injury immediately following any incident requiring the filing of said report during the prosecution of the Work under this Contract whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall also furnish the Construction Manager with a copy of the Employer's Report of Injury involving any subcontractors on this Project. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the Work being performed under this Contract. The City reserves the right to jointly participate in the investigative process with Contractor or conduct its own independent investigation.
9. If a 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 Construction Manager, giving full details of the claim.
B. Safety Program
1. The Contractor shall establish, implement, and maintain a written Injury and Illness Prevention Program as required by Cal/OSHA Title 8, §1509 and California Labor Code §6401.7. Before beginning the Work, the Contractor shall prepare and submit with the Construction Manager a written Site-Specific Contractor Safety Program (SSCSP) that provides for the implementation of all of the Contractor's safety responsibilities in connection with the Work at the Project Site, and the coordination of that program and its associated procedures and precautions with the safety programs, precautions and procedures of each of its subcontractors and other Contractors performing work at the Project Site. The SSCSP shall address the elements required by Cal/OSHA Title 8, §1509 and Labor Code §6401.7 and contain all the necessary elements for the Contractor to administer its program on the Project Site including the following information:
An organization chart and accompanying narrative that describes the responsibility for employee and public safety of those individuals who control each phase of the operations.
The chart shall also show the Contractor's internal lines of communication (including subcontractors) for the program. The policies and procedures to be followed by all personnel shall be included.
The designation of a Competent Person.
Specific procedures for communication between the Contractor and City on safety matters.
The Contractor shall designate one person with whom official contact can be made by the City on safety matters.
A specific process for employees and subcontractors to become thoroughly familiar with the potential hazards of the work and applicable federal and state regulations.
Specific safety procedures and guidelines for conduct of the Work. 1) The existence, submittal, or review of, and/or comment upon the Contractor's Injury and Illness Prevention Program and project-specific safety manual shall not in any way modify the responsibilities of the Contractor for safety for the entire Project or shift any of the
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General Conditions Septage Hauling and Receiving Station responsibilities to the City. Such review and comment shall not be construed as limiting in any manner the Contractor's obligation to undertake any action that may be necessary or required to establish and maintain safe working conditions at the Site. 2) In addition, the City may require the submittal of Injury and Illness Prevention Programs and project-specific safety manuals from certain subcontractors at the discretion of the City. The existence, submittal, or review of, or comment upon a subcontractor's Injury and Illness Prevention Program or project-specific safety manual shall not in any way modify the responsibilities of the Contractor for safety for the entire Project or shift any of the responsibilities to the City.
3) The City's review, comment upon, or inspection of the Contractor's or subcontractor's performance shall not in any way modify the responsibilities of the Contractor or subcontractor for the adequacy of the Contractor's or subcontractor's work methods, equipment, bracing or scaffolding, or safety measures in, on, or near the construction Site. 4) The City reserves the right to stop work if the Construction Manager or City Engineer believes that there is an imminent danger to persons or property. Even though the City reserves such rights, the exercise of such rights is at the City's sole discretion, and such reservations will not be construed as an obligation of the City to monitor or enforce the Contractor's Program. The City's exercise of these rights shall not provide a basis for delay damages, extra compensation, and/or additional compensation to complete the work.
2. The Contractor shall maintain a Drug-Free workplace policy within the Project Site for the safety of its employees, the City’s, Construction Manager’s, and Design Engineer’s employees and the public. The Drug-Free workplace policy shall be posted on the Construction Site. The Contractor shall notify the Construction Manager of any criminal drug statute violation occurring on the Site not later than five (5) days after the Contractor becomes aware of such violation.
3. The Contractor shall develop its SSCSP to ensure safe work practices while working in an environment where partially treated sewage may be present. The contractor shall adhere to OSHA mandated and Cal/OSHA mandated construction safety requirements including confined space entry requirements.
4. The Contractor's compliance with requirements for safety and/or the Construction Manager's review of the SSCSP shall not relieve or decrease the liability of the Contractor for safety. The Construction Manager's review of the SSCSP is only to determine if the above listed elements are included in the program.
C. Safety Supervisor:
1. The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the SSCSP. The Contractor shall notify the Construction Manager in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor and furnish the safety supervisor's resume to the Construction Manager.
2. The Contractor will, through and with its Safety Supervisor, ensure that all of its employees and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the Project Site and for developing and implementing safety training classes for all job personnel. The City shall have the authority to require removal of the Contractor's Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor's sole responsibility for performing this work safely, nor shall it impose any obligation upon the City to ensure the Contractor performs its work safely.
D. Safety and Protection:
1. The Contractor shall take all necessary precautions to prevent damage, injury, and loss to:
2. All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby;
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3. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and
4. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, wetlands, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction, even if not shown on the Contract Drawings.
5. The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground facilities and utility districts when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor, and the Contractor shall be responsible for any direct or indirect costs resulting from such damage, injury or loss.
E. Excavation Safety:
1. In accordance with the provisions of §6705 of the California Labor Code, the Contractor shall submit, in advance of excavation of any trench or trenches five (5) feet or more in depth, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plans vary from the shoring system standards set forth in the Construction Safety Orders of the Division of Industrial Safety in Title 8, Subchapter 4, Article 6, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, bracing, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose a tort liability on the City, the Design Engineer, the Construction Manager, nor any of their officers, officials, employees, agents, consultants or volunteers. The City's review of the Contractor's excavation plan is only for general conformance to the Construction Safety Orders.
2. Prior to commencing any excavation, the Contractor shall designate in writing to the Construction Manager the "competent person(s)" with the authority and responsibilities designated in the Construction Safety Orders.
F. Safety Emergencies:
1. In emergencies affecting the safety or protection of persons or the Work or property at the Project Site or adjacent thereto, the Contractor, without special instruction or authorization from the Construction Manager, is obligated to act to prevent threatened damage, injury, or loss. The Contractor shall give the Construction Manager prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.
G. Safety Violations:
1. Should the Contractor fail to correct an unsafe condition, the City shall have the right to notify the Contractor through the Construction Manager that an unsafe condition may exist and must be corrected or the work in question can be stopped in accordance with Section 00700-8.09, Suspension of Work, until the condition is corrected to the satisfaction of the City. No extension of time or additional compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the City shall not relieve the Contractor of its sole responsibility and liability for safety and the correction of any unsafe conditions.
2. The City shall have the authority to require the removal from the project of any worker and the foreman and/or superintendent in responsible charge of the work where safety violations occur.
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May 2026 00700 - 79 City of Yuba City
General Conditions Septage Hauling and Receiving Station H. Equipment Safety Provisions:
1. The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by safety codes, this shall be provided. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph.
I. Confined Spaces:
1. The Project requires work in confined spaces and requires compliance with Cal/OSHA and Federal OSHA requirements. Confined spaces for the purposes of this Section shall be as defined by the Division of Industrial Safety. Notwithstanding any classifications relative to the Tunnel Safety Orders, work within confined spaces of this project is subject to the definitions and applicable provisions of Section 1950 et. seq., Title 8, Division 1, Chapter 4, Subchapter 4, Article 37 of California Code of Regulations.
2. Entry into existing “permit” confined spaces as defined by OSHA shall be allowed only in compliance with a confined space entry permit program by the Contractor that meets the requirements of Cal/OSHA Sections 1953-1962. While the City (Host Employer) has identified certain existing facilities as confined spaces, other confined spaces may exist on the Project. It shall be the responsibility of the Contractor (Controlling Contractor) to notify the City of unidentified confined spaces, reference Cal/OSHA Section 1952(h) for permit space entry communication and coordination requirements.
3. Sources of ignition, including smoking, shall be prohibited in any confined space, including open cut trenches of any depth.
4. It is anticipated that the Contractor may encounter hazardous conditions within these confined spaces which include, but are not limited to the following:
Exposure to hydrogen sulfide, methane, carbon dioxide and other gases and vapors commonly found in municipal sewers which could have or has the potential of having Immediate Danger to Life or Health Conditions (IDLH).
Exposure to atmosphere containing insufficient oxygen to support human life.
Exposure to combustible, flammable, and/or explosive atmosphere.
Exposure to sewage which may contain bacteriological, chemical, and other constituents harmful to humans.
Work in conditions where engulfment or entrapment may occur.
Work in environments which may be slippery and/or have uneven work surfaces.
Work in structures which have limited and/or restricted access and egress.
Work in structures where workers may trip, slip, and/or fall several feet.
J. Construction Activity Permits:
1. The Contractor must submit a copy of its respective current DOSH permit before beginning work on any the following construction activities:
2. Construction of trenches or excavations which are five feet or deeper and into which a person is required to descend.
3. Construction of any building, structure, scaffolding or falsework more than three stories high or the equivalent height (36 feet).
4. Demolition of any building or structure, or dismantling of scaffolding or falsework more than three stories high or the equivalent height (36 feet).
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5. Erection or dismantling of vertical shoring systems more than three stories high, or the equivalent height (36 feet).
12.02 PUBLIC ACCESS, SAFETY AND CONVENIENCE
A. In accordance with the provisions of §6500 of the Labor Code the Contractor shall conduct its work so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Construction Manager and the proper governmental authority. Fire hydrants on or adjacent to the Work shall be accessible to firefighting equipment at all times. Temporary provisions shall be made by the Contractor to ensure the use of sidewalks, private and public driveways, and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend City from any and all liability, including attorneys’ fees and costs of litigation, arising from any failure to comply with this Section by Contractor or its privities.
B. The Contractor shall, at all times, provide for "Public Convenience and Safety", as described in the City’s Standard Specifications, OSHA and State of California Safety regulations.
C. The Contractor shall schedule and conduct the work so as to minimize the inconvenience to the public, as well as to City employees at any City facilities and adjoining areas impacted by the work. Any phase of the work which requires disruption of utilities, shall be scheduled three (3) days in advance with the affected parties.
D. The design of the facilities included in this Project has been based on the concept that the structures are not accessible to and usable by the handicapped and the general public. Consequently, stairs, landings, platforms, railings, ladders, exits, and the like, for treatment facilities were designed to conform only to the requirements for industrial use by authorized persons.
E. The Contractor shall have complete responsibility for the work and protection thereof and for preventing injuries to persons and damage to the work, property, and utilities on or about the work until completion and final acceptance thereof. The Contractor shall in no way be relieved of its responsibility by any right of the Engineer to give permission or directions relating to any part of the work, by any such permission or directions given, or by failure of the Engineer to give such permission or directions.
F. The Contractor is prohibited from using a wireless telephone while driving on City business and/or City property unless the vehicle has been equipped with a stationary, hands-free device to enable conversations without the use of one or both of the driver’s hands. When operating any vehicle that requires a Class A or B license or a special use certification, the use of cellular phones, radios, or any other communication device, while on City property, is prohibited.
G. Refer to Division 1- General Requirements, for any further requirements on safety procedures to be followed in and about public roadways.
H. The Contractor shall provide and maintain all necessary safety equipment, such as fences, barriers, signs, lights, walkways, guards, and fire-prevention and fire-fighting equipment, and shall take such other action as is required to fulfill its obligations under this Section.
I. Contractor shall make use of slating and screening in any fencing around the job Site or staging area to keep areas reasonably hidden from view.
J. The Contractor shall so conduct its operations as not to close or obstruct any portion of any railroad, highway, road, or other property until permits therefor have been obtained from the governmental or other authorities having jurisdiction thereof. If any of the above are required to be kept open and are damaged or rendered unsafe by the Contractor's operations, the Contractor shall, at its expense, make such repairs and provide such temporary guards, bridges, lights, and other signals as necessary or required for public safety and as will be acceptable to the governmental or other authorities having jurisdiction thereof. Fences that interfere with any work may, upon prior written approval of the City, be removed by the Contractor but must then be restored to their original condition prior to final acceptance.
Such removing and restoring shall be by and at the expense of the Contractor.
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General Conditions Septage Hauling and Receiving Station K. Unless otherwise specifically provided in the Contract, the Contractor shall not do any work that would affect any pipeline, telephone, telegraphic, or electric transmission line, irrigation ditch, or other structure, nor enter upon the rights-of-way or lands appurtenant thereto, until notified by the owners that the City has obtained proper authority therefor from the owners thereof.
L. Thereafter and before such work begins, the Contractor shall give said owners convenient access and reasonable cooperation in their removing, shoring, supporting, or otherwise protecting such lines, ditches, and structures, and for replacing same.
M. Care shall be exercised by the Contractor to prevent damage to adjacent walks, streets, culverts, and gutters; where equipment will pass over these obstructions, suitable planking shall be placed.
N. The Contractor shall not be entitled to any extension of time or any extra compensation on account of any postponement, interference, or delay caused by any such line, ditch, or structure being on or adjacent to the Site of work, except as provided in this Section 00700-9.02.G, Differing Site Conditions.
O. The Contractor shall preserve and protect all cultivated and planted areas, and vegetation such as trees, plants, shrubs, and grass on or adjacent to the premises, which, as determined by the Engineer, do not reasonably interfere with the performance of work. The Contractor will be held responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including without limitation, damage arising from the performance of its work through operation of equipment or stockpiling of materials. All costs in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by the Contractor.
P. Adequate warning and construction signs shall be maintained at the construction Site for the safety of the public. Additional signs for the convenience of the public shall be maintained as directed by the City.
Q. The Contractor shall maintain sufficient safeguards against occurrence of accidents, injuries, or damage to any person or property and shall be responsible for same if such occurs. The Contractor shall also maintain adequate protection of its work and materials from destruction and loss and shall protect the City's property from damage arising in connection with this contract, and shall make good any such damage, destruction or loss.
R. Contractor must pave pedestrian openings through falsework or provide full width continuous wood walks and keep all walkways clear. Contractor must protect pedestrians from falling objects and water runoff. Overhead protection for pedestrians must extend not less than four (4) feet beyond the edge of a structure.
S. Contractor's equipment must enter and leave the Project area via access routes designated or accepted in writing by City, and move in the direction of public traffic at all times. All movements on or across public traveled ways must not endanger public traffic.
T. Contractor must immediately remove any spillage, debris, dirt, or mud resulting from hauling operations along or across any public traveled way.
12.03 PROTECTION AND RESTORATION OF PROPERTY
A. California Civil Code §832 provides requirements relating to notification of adjacent property owners (30 Day notification required) and protection of adjacent property when performing excavation that may adversely impact the lateral and subjacent support to adjoining land or structures. In addition to these requirements and any other requirements imposed by law, Contractor must shore up, brace, underpin, and protect as may be necessary, all foundations and other parts of all existing structures adjacent to and adjoining the Site of the Work which are in any way affected by the excavations or other operations connected with the Work pursuant to this Contract. Whenever any notice is required to be furnished by City or Contractor to any adjoining or adjacent landowner or other party before commencement of any Work pursuant to this Contract, Contractor must provide such notice. Contractor shall indemnify and hold City harmless from any damages for which City may become liable in consequence of such injury or damage to adjoining or adjacent structures and premises.
B. Contractor shall immediately repair, at Contractor’s sole cost and expense, any damage arising from or in consequence of the performance of the Contract, to improvements or property, whether above or
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General Conditions Septage Hauling and Receiving Station below the ground, private or public, within or adjacent to the Project. If, in City's opinion, City's best interests require such repair to be made before execution of any part of the Work included in this Contract, City will so notify Contractor who will delay or discontinue the performance of that part of the Work until the necessary repair has been made. Such delay shall not be considered unavoidable, and no extension of the Contract Time shall be allowed.
C. When Ordered by City to make any repair, Contractor shall start work thereon within four (4) hours and must prosecute the same with diligence to completion. Upon Contractor's failure to comply with such Order, or upon Contractor's failure to make immediate Emergency repairs which are necessary in the best interests of City or the public, City may cause such repairs to be made and deduct the costs thereof from any money due, or that may become due Contractor.
D. In an Emergency affecting the safety of life or property, including adjoining property, Contractor is authorized to act at its discretion, without special instructions or authorization from City, to prevent such threatened loss or injury, and Contractor must act whether or not instructed by City. Contractor must maintain adequate protection against damage to life and property involved in Project and on property adjacent thereto until Acceptance and must Provide all necessary guards, barricades, night lights, facilities, tools, equipment, materials and other needed or required protective devices.
E. Contractor will until Acceptance maintain adequate protection of all its Work and work performed by others pursuant to the Contract Documents from damage, loss, or defacement. Contractor must repair or replace any such damage and remove any damaged or defaced material or equipment from the premises at no extra cost to City except as may be due directly to errors in the Contract Documents or caused by City.
F. The Contractor must ensure the limits of Work to be free of graffiti or other similar defacements during the entire Contract Time; if such defacement occurs, the Contractor must promptly remove, repair, or correct the affected area(s). The Contractor must protect all exposed finished surfaces within the limits of Work (both temporary and final), with anti-graffiti coatings, and maintain such protection continuously during the entire Contract Time.
12.04 PRESERVATION OF CULTURAL RESOURCES
A. Pursuant to the National Historic Preservation Act of 1966, State laws and County ordinances, the following procedures are implemented to ensure historic preservation and fair compensation to Contractor for construction delays that may occur due to cultural resources discoveries.
B. In the event potentially historical, architectural, archaeological or cultural resources (hereinafter "resources") are discovered during subsurface excavations at the Project Site, the following procedures apply:
C. City will issue a "Cultural Resources – Suspend Work Order" Directing Contractor to temporarily suspend all operations at the location of such potential resources.
D. Such "Cultural Resources – Suspend Work Order" will be effective until such time as a qualified Consultant can assess the value of such resources and make recommendations. Any "Cultural Resources – Suspend Work Order" will contain the following:
1. A description of the potential resource, its location, and the area where Contractor's Work is suspended;
2. A description of what part or all of Contractor's Work is suspended;
3. Instructions regarding suspension of orders by Contractor for materials and services;
4. Guidance regarding action to be taken by Subcontractors;
5. Estimated duration of the temporary suspension.
E. If the Consultant determines that the potential find is indeed a cultural resource, City will, as expeditiously as possible, advise Contractor in writing of the action to be taken regarding the find, and the anticipated time frame and extent of any Work suspension.
F. Adjustment of Contract Time and Contract Sum
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1. If, in the Notice Inviting Bids, the Work Site was deemed "Archaeologically Sensitive", then the Contract Time(s) includes five (5) work days of temporary suspension for cultural resources finds and there will be no payment for such suspension or any inefficiencies related thereto, up to a maximum cumulative duration of five (5) work days delay to the Critical Path(s) of the Official Progress Schedule. If such suspension occurs, the first five (5) work days of the Critical Path delay will be treated as an excusable non-compensable delay and the Contract Time will be extended in accordance with Section 00700-8.04, Time Extensions.
2. If a cultural discovery at an Archaeologically Sensitive Site results in a cumulative Critical Path delay that exceeds five (5) work days, then Contractor will be entitled to an adjustment of the Contract for the Critical Path delay in excess of five (5) work days. The Critical Path delay in excess of five (5) work days will be treated as an excusable compensable delay and the Contract Time will be extended in accordance with Section 00700-8.04, Time Extensions.
3. If a cultural resource discovery was unforeseen (i.e. if the Work Site was not deemed "Archaeologically Sensitive" in the Notice Inviting Bids), Contractor may be entitled to an adjustment of the Contract in accordance with Section 00700-8.04, Time Extensions.
4. If, as a result of a temporary suspension, City agrees that Contractor sustains a loss which could not have been avoided by judicious handling of its forces or equipment, or by redirection of forces or equipment to perform other Work on the Contract, Contractor will be paid for idle time of equipment and labor by Force Account as provided in Section 00700-9.02.D, Field Order- Force Account Work.
G. Documentation:
1. Beginning with the first Day of suspension, and for each following Day, Contractor must maintain detailed hourly records of the labor and equipment idled by such suspension, plus substantiation as to why such labor and equipment could not be used on other parts of the Work if such were the case. Such records must be of a form acceptable to City, signed by Contractor, and are subject to verification by City.
2. Failure by Contractor to furnish the aforesaid records constitutes a waiver of Contractor's right to an adjustment in the Contract Sum.
**END ARTICLE 12**
CONTRACTING REQUIREMENTS
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General Conditions Septage Hauling and Receiving Station ARTICLE 13 - INSURANCE AND INDEMNIFICATION
13.01 INSURANCE
Contractor shall maintain, at its own expense, all the insurance required by this article and submit coverage verification for approval by the City prior to the City’s execution of the Agreement.
The Agreement will not be executed by the City, and the Contractor shall not commence Work, until such insurance has been approved by the City. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the Final Completion thereof. In addition, the commercial general liability insurance shall be maintained for a minimum of three (3) years after Final Completion of the Work. The City’s issuance of the Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required herein.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII or equivalent and that are admitted to and authorized to do business and in good standing in California, unless otherwise approved by the City. In the case of workers’ compensation and employer’s liability insurance, coverage provided by the California State Compensation Insurance Fund is acceptable.
Each insurance policy required by the this article shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City by the insurance carrier. Should the insurance carrier refuse to provide this notice, the Contractor shall be obligated to provide to the City thirty (30) days prior written notice of any insurance coverage being suspended, voided, reduced or canceled by either party, or any reduction in coverage or in limits.
The Contractor shall include all costs for insurance in its Total Bid Price.
Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from its operations under the Contract Documents. For any claims related to Contractor's Work, as opposed to work City has contracted to parties other than Contractor, the Contractor’s insurance coverage shall be primary insurance as respects the City, Construction Manager, Engineer, Funding Agencies and their directors, officers, elected officials, employees, agents, consultants, attorneys, divisions, related agencies and entities, successors and assigns, contractors and representatives, and volunteers. For any claims related to Contractor's Work, any insurance or self-insurance maintained by the City, Construction Manager, Engineer, Funding Agencies and their directors, elected officials, officers, officials, employees, agents, consultants, attorneys, divisions, related agencies and entities, successors and assigns, contractors and representatives, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.
All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, Construction Manager, Engineer, Funding Agencies, and their directors, officers, elected officials, employees, agents, attorneys, divisions, related agencies and entities, successors and assigns, contractors and representatives, and volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, Construction Manager, Engineer, Funding Agencies, and their directors, officers, elected officials, employees, agents, attorneys, divisions, related agencies and entities, successors and assigns, contractors and representatives, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.
Any failure of the Contractor to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, Construction Manager, Engineer, Funding Agencies and their directors, elected officials, officers, officials, employees, agents, consultants, attorneys, divisions, related agencies and entities, successors and assigns, contractors and representatives, or volunteers.
CONTRACTING REQUIREMENTS
May 2026 00700 - 85 City of Yuba City
General Conditions Septage Hauling and Receiving Station The Contractor shall take out, pay for, and maintain throughout the duration of the Contract and for such additional periods as more specifically required herein the following insurance against claims for injuries to persons or damages to property which may be caused by the performance of the Work hereunder by the Contractor, the Contractor’s agents, representatives, employees or subcontractors, or from operations under the Agreement.
A. Commercial General Liability and Automobile Liability Insurance – This insurance shall protect the Contractor from claims for bodily injury, personal injury and property damage which may be caused by the performance of the Work hereunder by the Contractor, the Contractor’s agents, representatives, employees or subcontractors, or from operations under the Contract Documents. The commercial general liability insurance shall be maintained for three (3) years after Final Completion of the Work and shall provide coverage on an occurrence basis.
1. Additional Insureds – The commercial general liability and automobile policies of insurance shall include as additional insureds or be endorsed to contain the following provisions: the City, Construction Manager, Engineer, Funding Agencies and their directors, elected officials, officers, officials, employees, agents, consultants and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor and or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City, Construction Manager, Engineer, Funding Agency, Design Engineer, and their directors, elected officials, officers, officials, employees, agents, consultants, attorneys, divisions, related agencies and entities, successors and assigns, contractors and representatives, or volunteers and coverage provided to such additional insured. This policy shall provide coverage to each of the said additional insureds with respect to said work. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
2. Minimum Amount of Coverage (General Contractor) – Commercial General Liability (CGL):
Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. Any self-insured retentions must be declared to and approved by the City.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3. Minimum Amount of Coverage for all Listed Subcontractors included in Section 00430 - The Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein: The bodily injury, personal injury and property damage liability of the Commercial General Liability insurance shall provide coverage in the following minimum limits of liability: $2,000,000 on account of any one occurrence for bodily injury and property damage, $4,000,000 personal and advertising injury limit with an annual general aggregate limit of not less than $4,000,000, and $2,000,000 products and completed operations aggregate, combined single limit. The Automobile Liability insurance policy shall provide minimum limits of $1,000,000 per accident as a combined single limit arising out of the ownership, maintenance, or use of any owned or non-owned vehicles. These minimum amounts of insurance coverage do not preclude the Contractor from requiring higher limits or additional insurance coverage as it deems necessary.
4. Minimum Amount of Coverage for Subcontractors NOT included in Section 00430 - The Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated
CONTRACTING REQUIREMENTS
May 2026 00700 - 86 City of Yuba City
General Conditions Septage Hauling and Receiving Station herein. The bodily injury, personal injury and property damage liability of the Commercial General Liability insurance shall provide coverage in the following minimum limits of liability: $2,000,000 on account of any one occurrence for bodily injury and property damage, $1,000,000 personal and advertising injury limit with an annual general aggregate limit of not less than $2,000,000, and $1,000,000 products and completed operations aggregate, combined single limit. The Automobile Liability insurance policy shall provide minimum limits of $1,000,000 per accident as a combined single limit arising out of the ownership, maintenance, or use of any owned or non-owned vehicles.
These minimum amounts of insurance coverage do not preclude the Contractor from requiring higher limits or additional insurance coverage as it deems necessary.
5. Subcontractors – The bodily injury and property damage liability insurance shall not be deemed to require the Contractor to have its subcontractors named as additional insureds in the Contractor’s policy, but the policy shall protect the Contractor from contingent liability which may arise from operations of its subcontractors.
6. Included Coverage – The above commercial general liability insurance shall be at least as broad as the most current ISO CGL Form 00 01 including, but not limited to, also include the following coverages:
• Premises – Operations.
• Independent Contractors.
• Products - Completed Operations.
• Personal Injury - False Arrest, Libel, Wrongful Eviction, etc. • Advertising Injury.
• Broad Form Property Damage - Including, Completed Operations. • Separation of Insureds/Cross-Liability Provision.
• Duty to Defend all Insureds.
• Deletion of any Limitation on Coverage for Bodily Injury or Property Damage Arising out of Subsidence or Soil or Earth Movement.
• Additional Insured Coverage Not Limited to Vicarious Liability – Insurance coverage for additional insureds shall be for all covered acts and occurrences, whether or not they arise out of, or result from, the Contractor’s own acts or omissions in performing the Work. • Separate Aggregate – A provision that the annual general aggregate shall apply separately to each project for which Contractor provides services away from premises owned by or rented to Contractor.
• XCU – Explosion, Collapse, Underground Damage.
• Blanket Contractual Liability – Provisions or endorsements shall state that the insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Agreement, including, without limitation, insurable liabilities set forth in the indemnity articles of the Contract Documents.
7. Umbrella Policy – The Contractor may use an umbrella or excess policy to meet the limits requirement of Article 13.01.A.2, and listed subcontractors may use an umbrella or excess policy to meet the limit of requirements of Article 13.01.A.3. However, any such umbrella/excess policy must be approved by the City and maintain an A.M. Best Rating of no less than A:VII.
B. Workers’ Compensation Insurance – In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers’ Compensation Insurance. In accordance with California Labor Code Section 1861, the Contractor shall sign and include Section 00560, Workers Compensation Insurance Certificate, with the Contract. If the Contractor, in the sole discretion of the City, satisfies the City of its responsibility and capacity under
CONTRACTING REQUIREMENTS
May 2026 00700 - 87 City of Yuba City
General Conditions Septage Hauling and Receiving Station the applicable Workers’ Compensation Laws, if any, to act as self-insurer, the Contractor may so act, and in such case, the insurance required by this article need not be provided.
The Contractor is advised of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and shall comply with such provisions and have employers’ liability limits of $1,000,000 per accident and per employee, and in the aggregate for injury by disease, before commencing the performance of the Work of this Agreement.
Before the Notice to Proceed with the Work under this Contract is issued, the Contractor shall submit written evidence that the Contractor has obtained for the period of the contract workers’ compensation and employer’s liability insurance as required for all persons whom it employs or may employ in carrying out the Work under this Agreement. Such evidence of coverage shall be accompanied by an endorsement from the insurer agreeing to waive all rights of subrogation against the City, Construction Manager, Engineer, Funding Agencies and their directors, elected officials, officers, officials, employees, agents, consultants, attorneys, divisions, related agencies and entities, successors and assigns, contractors and representatives, and volunteers which might arise by reason of any payment under the policy. This insurance shall be in accordance with the requirements of the most current and applicable State Workers’ Compensation Insurance Laws.
C. Professional Liability Insurance – All submittals required of the Contractor which are to be prepared by a licensed California engineer shall be prepared only by a licensed engineer who is covered by a professional liability insurance policy issued by a California-admitted carrier or a carrier authorized to do business in California with a Best's rating of A:VII or better, with an limit per claim of at least $2,000,000, and a $4,000,000 in the aggregate for errors and omissions. Such insurance shall be maintained in effect by said engineer at all times while performing Work on the Project and for at least three (3) years after Final Completion of the Project. Contractor shall submit an insurance certificate for such engineer prior to beginning Work for approval by the City.
D. Builder's Risk Insurance – Until the completion and final acceptance by City of all the Work under and implied by this Contract, the Work shall be under the Contractor’s responsible care and charge. The Contractor shall rebuild, repair, restore, and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by causes of any nature whatsoever. Contractor shall provide "Special Form" Builder's Risk Insurance on the replacement cost basis as listed below:
Amount of Coverage - Equal to the full replacement cost of the Work on a completed value basis, without deduction for depreciation and shall also provide coverage for “soft costs” such as but not limited to design and engineering fees and inspection costs caused by an insured peril, up to a maximum total for all soft costs of $250,000. The builder’s risk insurance may contain sub-limits not less than the following:
• Debris removal - $250,000.
• Pollution Clean-up cost - $25,000.
Additional Insureds/Loss Payees - This insurance shall name the City, Engineer, Construction Manager, the Funding Agencies and Contractor as insureds/loss payees, as their interests may appear. Builder’s risk insurance policies shall contain the following provisions:
1. The City, Engineer, Design Engineer, Construction Manager, Contractor and subcontractors of every tier shall be named as insureds.
2. Each insured shall waive all rights of subrogation against each of the other insureds.
Included Coverage – The above builder’s risk insurance shall include the following coverages:
1. Including, but not by way of limitation, for all damages of loss to the Work and to appurtenances, to materials and equipment to be incorporated into the Project while the same are in transit, stored on or off the Site, to construction plant and temporary structures.
2. Such insurance shall cover, but shall not be limited to, the perils of fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, smoke damage, damage by aircraft or vehicles, vandalism and malicious mischief, theft, collapse, and flood.
3. The policy shall cover the costs of debris removal, including demolition as may be made
CONTRACTING REQUIREMENTS
May 2026 00700 - 88 City of Yuba City
General Conditions Septage Hauling and Receiving Station reasonably necessary by the application of any law, ordinance, or regulation.
4. Start-up & testing, and machinery breakdown including electrical arching.
5. Consequential losses due to delay in completing the Work. The builder’s risk insurance limit for consequential losses is $1,000,000.
6. The policy shall provide the City the right to occupy the premises without termination of the policy until Final Completion of the Project.
Deductibles - Builder’s risk insurance may have a deductible clause not to exceed the amounts below. Contractor shall be responsible for paying any and all deductible costs.
All Other Perils - $50,000.
Application of Loss Proceeds - In the event of a covered loss, proceeds of builder’s risk insurance shall be applied first to reimburse actual costs of demolition, debris removal, reconstruction, and repair or replacement incurred in the discharge of the Contractor’s obligations of repair or replacement under this Contract. Insurance proceeds shall be deposited in a separate account in a local bank satisfactory to the City and shall be withdrawn only with the City’s written approval to reimburse such actual costs as the builder’s risk carrier has agreed to reimburse. The City shall have no liability for failure of the builder’s risk carrier to pay for any particular cost of repairs. In the event of the termination of the Contractor for default, the Contractor shall forfeit all rights to builder’s risk insurance proceeds and City may expend such proceeds to complete the Project as if they were unpaid contract monies.
E. Contractor’s Pollution Liability Insurance. The Contractor shall obtain Pollution Liability Insurance. This insurance shall cover liability for bodily injury, property damage, and environmental damage resulting from pollution and related cleanup costs incurred, all arising out of any Work to be performed under the Agreement, including liability for and defense of lawsuits and regulatory actions. Coverage shall be provided for both Work performed on Site, as well as during the transport of hazardous materials.
Coverage shall apply to sudden as well as gradual pollution conditions, including without limitation conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants, including asbestos. The liability limits shall be not less than:
• Each occurrence or claim: $2,000,000.
• General Aggregate: $2,000,000.
If the coverage required is written on a claims-made coverage form:
• The retroactive date must be shown, and this date must be before the award date of the Agreement.
• Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after final payment.
• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement award date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after Final Payment. • A copy of the claims reporting requirements must be submitted to the City for review.
F. Proof of Coverage – Before execution of the Contract, the Contractor shall furnish the City with certificate(s) evidencing issuance of all insurance mentioned herein, copies of the policy declaration or information page(s) and additional insured endorsements. The certificate(s) and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The endorsements are to be on endorsement forms acceptable to the City. The certificate(s), policy declaration or information page(s), and endorsements are to be received and approved by the City before Work commences. Except for the waiver of subrogation rights endorsements, as required herein, no other endorsements are required for workers compensation or excess liability insurance. Such certificates of insurance shall provide that the insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or limits except after thirty (30) days prior written notice has been given to the City. The Contractor shall also provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
CONTRACTING REQUIREMENTS
May 2026 00700 - 89 City of Yuba City
General Conditions Septage Hauling and Receiving Station For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to the City of Yuba City 1201 Civic Center Boulevard, Yuba City, CA, 95993.
Any self-insured retentions must be declared to and approved by the City. At the option of the City, either:
• The insurer shall reduce or eliminate such self-insured retentions as respects the City, Construction Manager, Engineer, Funding Agencies and their directors, elected officials, officers, officials, employees, agents, consultants, attorneys, divisions, related agencies and entities, successors and assigns, contractors and representatives, and volunteers; or • The Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
In the event of the breach of any provision of this article, or in the event of any notices received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provisions of this Agreement to the contrary, declare a material breach of this Agreement and suspend all further work pursuant to this Agreement until Contractor has provided evidence that its insurance coverage meets the requirements of the Contract Documents.
G. Third Party Insurance Requirements - The Work, as contemplated by the Contract Documents does specifically require an encroachment permit(s) from other public agencies, railroads, and/or utilities.
Contractor shall ensure that the insurance it obtains in accordance therewith complies with all requirements mandated by each permitting agency from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Party(ies)"). To the extent there is a conflict between the Third Party(ies)'s Insurance Requirements and those set forth by the City herein, the requirement(s) providing the more protective coverage for both the City and the Third Party(ies) shall control and be purchased and maintained by Contractor.
Contractor shall be responsible to determine what insurance requirements exist as a condition precedent to obtaining permit(s) for the Work, if any. Contractor shall be solely responsible for any delay(s) arising from its failure and/or its subcontractors' failure to timely obtain all required insurance.
All required third party insurance shall be submitted to the City at the same time Contractor submits all other contractually required insurance, which is no later than ten (10) days after Notice of Intent to Award, unless otherwise agreed to in writing by the City prior to this deadline.
H. Insurance During Guarantee Period - For all work the Contractor or its subcontractors perform during the guarantee period, workers compensation and commercial general liability insurance in the amounts and format required herein shall remain in force and be maintained for three (3) years after Final Completion of the Work.
The Contractor shall be responsible for paying any and all deductible costs for claims against its workers compensation and commercial general liability insurance.
13.02 GENERAL INDEMNIFICATION OBLIGATIONS
A. The Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, at the Contractor’s expense, the City, and their directors, elected officials, officers, officials, employees, agents, consultants, design engineers, Funding Agencies and each of them (collectively the “Indemnified Parties”), from and against any and all liability, loss, damage, claims, actions, causes of action, expenses and costs (including, without limitation, reasonable City staff attorney fees and outside attorney fees, and costs and fees of litigation) (collectively, “Liability”) of every nature to the extent caused by Contractor’s negligent performance of the Work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except that such obligation to defend and indemnify does not apply to the extent such Liability was caused by the active negligence, sole negligence or willful misconduct of the Indemnified Parties. Such indemnification by the Contractor shall include, but not be limited to, the following:
1. Liability or claims resulting directly or indirectly from the negligence or carelessness of the Contractor, its subcontractors, employees, or agents in the performance of the Work, or in
CONTRACTING REQUIREMENTS
May 2026 00700 - 90 City of Yuba City
General Conditions Septage Hauling and Receiving Station guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the Contractor, its employees, or agents;
2. Liability or claims arising directly or indirectly from Contractor’s negligent acts that cause bodily injury, occupational sickness or disease, or death of the Contractor’s, or supplier’s own employees, or agents engaged in the Work resulting in actions brought against the Indemnified Parties;
3. Liability or claims arising directly or indirectly from or based on the violation of any laws or regulations, whether by the Contractor, its subcontractors, employees, or agents;
4. Liability or claims arising directly or indirectly from the negligent or legally unauthorized use or manufacture by the Contractor, its subcontractors, employees, or agents in the performance of this Agreement of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specified stipulated in this Agreement.
5. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the City or any other parties by the Contractor, its subcontractors, employees, or agents;
6. Liability or claims arising directly or indirectly from the willful misconduct of the Contractor, its subcontractors, employees, or agents;
7. Liability or claims arising directly or indirectly from any breach of the obligations assumed in this Agreement by the Contractor;
8. Liability or claims arising directly or indirectly from, relating to, or resulting from a hazardous condition created by the Contractor, subcontractors, suppliers, or any of their employees or agents due to Contractor’s negligence or breach of any obligation in this Agreement;
9. Liability or claims arising directly, or indirectly, or consequentially out of any action, legal or equitable, brought against the Indemnified Parties, their consultants, subconsultants, and the directors, officers, elected officials, employees, agents and volunteers of each or any of them, to the extent caused by the Contractor’s negligent or improper use of any premises acquired by permits, rights of way, or easements, the Site, or any land or area contiguous hereto or its performance of the Work thereon;
10. Liability arising directly or indirectly from exposure to hazards in violation of the California Labor Code that may be asserted by any person or entity, including, but not limited to, the Contractor, arising out of or in connection with the negligent activities of the Contractor, its agents, employees or privities pursuant to this Agreement, whether or not there is concurrent negligence on the part of the Indemnified Parties;
11. Liability or claims arising out of the Contractor's performance of the Work.
B. The Contractor shall reimburse the Indemnified Parties for all costs and expenses, (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other consultants and professionals and court costs of appeal) incurred by said Indemnified Parties arising out of or in enforcing the provisions of this article.
C. The indemnification obligation under this Article 13.02 shall not be limited in any way by any limitation on the amount or type of insurance carried by Contractor or by the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor or other person or organization under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
D. Pursuant to California Public Contract Code Section 9201, City shall timely notify Contractor of receipt of any third-party claim relating to this Contract.
E. The Contractor’s obligations pursuant to this provision will survive the expiration or earlier termination of this Agreement.
F. The Contractor hereby agrees at its expense promptly to assume the defense of and to defend, with counsel acceptable to the City, against any indemnified Claim, suit or other proceeding brought thereon, and promptly to pay any and all costs, charges, attorney’s fees, and other expenses and any and all
CONTRACTING REQUIREMENTS
May 2026 00700 - 91 City of Yuba City
General Conditions Septage Hauling and Receiving Station judgments that may be incurred against the City, and each elected officials, officers, representatives, agents, consultants, design engineers or employees, or any of them to the extent arising from any negligent act, error, or omission, or from any willful misconduct of the Contractor in the performance of the Contractor's obligations under this Agreement.
G. The only limitations on this provision shall be those imposed by Civil Code section 2782.
13.03 HAZARDOUS SUBSTANCE INDEMNIFICATIONS OBLIGATIONS
Neither the Contractor nor its subcontractors or suppliers shall use, generate, manufacture, store or dispose of on, under or about the Site, or transport to, from, along or across the Site, any flammable, explosive radioactive material, toxic substance, hazardous waste, hazardous material, hazardous substance, or the equivalent, as those terms may now or in the future be defined by common practice or by any federal, state or local statute, ordinance or regulation or any governmental body or agency (hereinafter “Hazardous Substance”).
A. Without limiting any remedies the City may have, in the event any disposal, release, discharge or spill of a Hazardous Substance or other contamination occurs within the Site at any time during, or as a result of, the Contractor’s use of the Site, except such spills or contamination to the extent directly caused by the sole negligence or willful misconduct of the City, its contractors, officers, representatives, agents, consultants, design engineers or employees, the Contractor shall immediately notify City and take all action to mitigate the effects of such disposal, release, discharge, spill or contamination. The Contractor shall at the Contractor’s own expense, unless otherwise directed by the City, remediate such disposal, release, discharge of spill or contamination in compliance with all applicable laws, rules and regulations. The City shall have the option to perform the remediation itself or through any contractor if the Contractor fails to do so. The Contractor shall cooperate with the City to complete the remediation and shall reimburse the City for all costs and expenses incurred in connection with the remediation.
B. In the event that the Contractor observes any material that the Contractor believes or has reason to believe may be a Hazardous Substance or encounters any unknown physical condition of any unusual nature within the Site, other than disposals, releases, discharges, spills or contamination covered in paragraph A, above, the Contractor shall, without disturbing the condition, immediately cease all use of the Site and notify the City. The City shall investigate the condition and take any clean-up or other remedial action City deems necessary in its sole discretion.
C. In the event the City or its contractor elects to perform remediation work, the Contractor shall upon notice from the City, cease use of the Site as directed in the notice. The City will notify the Contractor when the condition has been resolved, at which time, but not before, the Contractor may resume its use of the Site.
D. The Contractor agrees to assume liability for and to defend and hold harmless the Indemnified Parties from and against all injuries or death to any person and damage to any property, and all related expense, including without limitation attorneys’ fees, investigators’ fees, administrative charges, litigation expenses and any judgments, fines, penalties or other charges assessed against Indemnified Parties, resulting from the Contractor’s failure to comply with this article and any laws, rules or regulations concerning the subject matter hereof. The provisions of this article shall survive the expiration and termination of this Agreement.
The obligations and liabilities arising under the Article 13.03, HAZARDOUS SUBSTANCE INDEMNIFICATIONS OBLIGATIONS, shall be in addition to and independent of those obligations and/or liabilities arising under the other provisions of this Agreement and shall in no way limit, alter, reduce or eliminate the effect of such other provisions.
E.
**END ARTICLE 13**
CONTRACTING REQUIREMENTS
May 2026 00700 - 92 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 14 - UNCOVERING AND CORRECTION WORK
14.01 GENERAL
A. The Contractor must notify the Construction Manager two (2) days prior to covering any Work.
B. If a portion of the Work is covered prior to Construction Manager’s review, it must, if requested in writing by the Construction Manager, be uncovered for Construction Manager observation and replaced at the Contractor's expense without change in the Contract Time.
14.02 CORRECTION OF WORK AND CORRECTIVE ACTION PLANS
A. The Contractor must promptly correct Work rejected by Construction Manager or Work failing to conform to the requirements of the Contract Documents, whether or not Fabricated, Installed or completed, even if such non-conforming Work was previously inspected or approved by the City or the Construction Manager. The Contractor bears the costs of correcting such rejected Work, including additional testing and inspections required, and compensation for City provided services and expenses made necessary thereby.
B. The Contractor may take one of two actions to remediate Work that does not conform to the Contract Documents:
1. Contractor may, at his own expense, remove defective Work and install Work that complies with the Contract Documents;
2. Contractor may develop and submit to Construction Manager, as a Submittal (not an RFI), a Corrective Action Plan (CAP). The CAP describes possible solution(s) to address the defective Work including “work-arounds” that would leave the defective Work in place. To facilitate the City’s review and possible acceptance of the CAP the Contractor may employ the services of a licensed Engineer or Architect to develop, sign and stamp the CAP for submission to the City.
Alternatively, the Contract may submit a CAP that is more general in description and substance and leave it to the Design Engineer to evaluate and develop a formal solution.
The Contractor shall compensate the Design Engineer for costs incurred via City issuance of a deductive change order to the Contract.
3. In the event the City determines that a practical solution is not available that would enable the defective Work to be left in place, then the Contractor must remove the defective Work and build per the Contract Documents.
C. Notwithstanding Section 00700-14.02.A, in the event of an Emergency constituting an immediate hazard to the health or safety of City’s employees, agents, representatives, property, or licensees, City may undertake, at the Contractor's expense and without prior notice, all work necessary to correct such hazardous condition(s) when it was caused by work of the Contractor not being in accordance with requirements of the Contract Documents.
D. The Contractor must remove from the Project Site portions of the Work that are not in accordance with the requirements of the Contract Documents, and are neither corrected by the Contractor nor accepted by the City.
E. If the Contractor fails to correct nonconforming Work, as per Section 00700-14.02.A, or fails to remove nonconforming work, as per Section 00700-14.02.C, City may correct or remove the nonconforming Work per Section 00700-14.02.E.
F. If the Contractor does not submit a Corrective Action Plan or proceed with correction or removal of nonconforming Work, within such time fixed by the Contract Documents or written notice from Construction Manager, the City may remove and store the salvable materials, articles and/or equipment at the Contractor's expense. If the Contractor does not pay all costs of such removal and storage within fourteen (14) Days after written notice, City may, upon fourteen (14) additional Days written notice, sell such materials articles and/or equipment at an auction or private sale, and shall account for the proceeds thereof, after deducting costs and damages that would have been borne by the Contractor, including compensation for City services and expenses made necessary thereby. If the proceeds of a sale do not cover all costs that the Contractor would have borne, the Contract Sum will be reduced by
CONTRACTING REQUIREMENTS
May 2026 00700 - 93 City of Yuba City
General Conditions Septage Hauling and Receiving Station the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor must pay the difference to City.
G. The Contractor bears the cost of correcting destroyed or damaged Work, which is caused by the Contractor’s correction, or removal of Work that is not in accordance with requirements of the Contract Documents, including work performed by City or separate contractors that is damaged or destroyed by the Contractor during the Contract Time or Guarantee period.
H. Nothing contained in this Section 00700-14.02, Correction of the Work and Correction Action Plans, establishes a period of limitation with respect to other obligations that the Contractor might have in the Contract Documents. Establishment of the Warranty/Guarantee period(s), as described in Section 00700-15.12, Warranties & Guarantees, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with requirements of the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work.
14.03 ACCEPTANCE OF NONCONFORMING WORK
A. If City prefers to accept any or all of the Work that is not in accordance with requirements of the Contract Documents, City may do so instead of requiring its correction and/or removal, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not Final Payment to the Contractor has been made.
**END ARTICLE 14**
CONTRACTING REQUIREMENTS
May 2026 00700 - 94 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 15 - FINAL COMPLETION AND ACCEPTANCE
15.01 USE BEFORE ACCEPTANCE
A. City has the right to utilize or place into service any item of equipment or other usable portion of the Work before Final Acceptance of the entire Project. Whenever City plans to exercise said right, City’s Representative will notify Contractor in writing, identifying the specific portion or portions of the Work to be so utilized or otherwise placed into service, hereinafter referred to as "Use Before Acceptance".
B. Until the City’s Representative issues such written notification, Contractor is responsible for all care and maintenance of all items or portions of the Work.
C. Upon City's issuance of written notice of Use Before Acceptance, City accepts responsibility for the protection and maintenance of all such items or portions of the Work described in the written notice, excepting any injury or damage resulting from Contractor's actions or negligence.
D. If, by reason of City’s Use Before Acceptance, the premium for the Contractor’s bodily injury and property damage insurance is increased, City will reimburse the Contractor for the additional amount necessarily incurred, allocable to the area and the period of City’s occupancy, up to the Date of Acceptance of the Work.
E. City’s Use Before Acceptance does not constitute Acceptance of the Work, or any portion of the Work, by City, nor will it relieve the Contractor of responsibility for correcting defective and/or Deficient Work or materials found at any time before Acceptance of the Work or during the Guarantee period after City’s Acceptance. However, when the Project includes separate buildings, and one or more of the buildings is entirely occupied by City, then upon written request by the Contractor and by written consent from City, the Guarantee period on the building entirely occupied by City will commence to run from the date of City occupancy of such building or buildings.
F. Notwithstanding any Use Before Acceptance, Contractor retains full responsibility for fulfillment of all the requirements of the Contract Documents.
G. Should the City elect to partially occupy or use portions of the Work prior to Acceptance, Contractor must perform final cleaning for those portions of the Work prior to their being so occupied or used.
15.02 CONTRACTOR’S RESPONSIBILITY TO MANAGE INCOMPLETE AND DEFICIENT WORK A. Pursuant to Section 01450, Quality Control and Inspection, the Contractor is responsible for identifying and managing Incomplete and Deficient work. Incomplete and Deficient work includes, but is not limited to: non-compliance items, re-work items, and non-conforming tests, pursuant to Section 01450; deficiencies relating to inspections by the Building Official if applicable to this Contract; and items of work not complete per the Contract Documents.
B. The Preliminary Final Inspection and Final Inspection will not be conducted until:
1. The entire Work of the Milestone/Project is complete;
2. Cleaning and waste management has occurred pursuant to the Contract Documents; and
3. Deficient Work identified in all outstanding non-compliance notices has been corrected.
C. For each completion Milestone, Contractor must include activities for conducting the Preliminary Final Inspection, completion of Punch-list, and Final Inspection, in Contractor’s Progress Schedule.
15.03 COMPLETION OF INTERMEDIATE MILESTONES
A. When the Construction Manager determines that all Work of a Milestone is complete, including cleaning, the Construction Manager must so certify to the City’s Representative and request a Preliminary Final Inspection, pursuant to Section 01450, Quality Control and Inspection.
B. If the Contract Documents include a Milestone for the completion of the entire Work of the Project, three (3) copies of the Milestone Completion certification must be submitted concurrently with the Contractor’s certification that all the Work of the Project is complete as required by Section 00700-
15.03.A.
CONTRACTING REQUIREMENTS
May 2026 00700 - 95 City of Yuba City
General Conditions Septage Hauling and Receiving Station
15.04 PRELIMINARY FINAL INSPECTION FOR INTERMEDIATE MILESTONE(S) A. Within seven (7) Days of receipt of Construction Manager’s certification that all Work of a Milestone is complete, City's Representative, Project Inspector, Architect of Record, and other staff, will conduct a Preliminary Final Inspection with the Construction Manager and the Project Superintendent.
B. If the City's Representative determines that, based on the results of the Preliminary Inspection, the Incomplete/Deficient work identified is greater in substance and/or volume, than can be appropriately declared as Punch-list, then the Work is not complete enough to complete the Preliminary Final Inspection. The Contractor will be so notified in writing. Contractor must complete the Work and reinitiate procedures for another Preliminary Final Inspection. Any costs to City for more than two (2) Preliminary Inspections may be charged to the Contractor.
C. If the results of the Preliminary Final Inspection are satisfactory to the City’s Representative, a Punchlist will be prepared and issued to the Contractor. Pursuant to Section 01450, Quality Control and Inspection, neither the City’s preparation of the Punch List, nor any omission from the Punch-list of items of Incomplete and/or Deficient Work, relieves the Contractor from completing all the Work required by the Contract Documents.
15.05 FINAL INSPECTION FOR INTERMEDIATE MILESTONE(S)
A. When the Punch-list generated from the Preliminary Final Inspection is complete the QC Manager must certify that the entire Work of the Milestone, including Punch-list, is complete. Upon delivery of such certification to the City’s Representative, and if the City’s Representative agrees with the Contractor’s certification, a Final Inspection will occur within ten (10) calendar days of the Contractor’s delivery of certification of final completion
B. If the City’s Representative determines the Work is deficient, Contractor will again be furnished with a Punch-list identifying the observed deficiencies in the Work. After all deficiencies have been corrected, Contractor must initiate procedures for another Final Inspection. If more than two (2) Final Inspections are required any costs to City for additional Final Inspections may be changed to the Contractor.
C. If the results of the Final Inspection are satisfactory, the City’s Representative will issue the Contractor a Milestone Completion letter.
D. Contractor’s Progress Schedule must include activities for Final Inspection of Milestones.
15.06 COMPLETION OF FINAL PROJECT MILESTONE
A. Pursuant to Section 01450, Quality Control and Inspection, the Contractor’s Quality Control Manager must certify that the final Milestone for the Work is complete. Completion of the Work of the Final Milestone includes, but is not limited to, submission to and acceptance by the City of all Milestone completion submittals. Section 01770, Contract Closeout, describes in greater detail the submittal requirements to achieve Milestone Completion. Additionally, all training (except previously-scheduled factory training) must be completed.
B. Conducting the Preliminary Final Inspection, and Final Inspection, of the Work required of the final Project Milestone, follows the requirements of paragraphs 15.04 and 15.05 above.
C. The Contractor’s QC Manager’s certification also includes the completion of all Punch-list work and the correction of all rework.
D. The Contractor must submit all documents required by Section 01770, Contract Closeout.
E. After acceptance of the Contractor’s QC Manager’s final certification, the City’s Representative will issue a Milestone Completion letter to the Contractor. This letter will establish the date of the Final Milestone Completion of the Work of the Project. The assessment of Liquidated Damages, if any, will cease accruing as of the date of Final Milestone Completion.
CONTRACTING REQUIREMENTS
May 2026 00700 - 96 City of Yuba City
General Conditions Septage Hauling and Receiving Station
15.07 RECOMMENDATION FOR ACCEPTANCE BY THE CITY ENGINEER A. After establishing Final Milestone Completion of the Work, the City’s Representative will recommend that the City Engineer formally accept the Work if the Contractor has satisfactorily:
1. Corrected all deficiencies observed during the Final Inspection and no new deficiencies have been observed;
2. Submitted required copies of As-Built Documents;
3. Submitted required Spare Parts;
4. Submitted copies of all documents required by Section 01770, Contract Closeout; and
5. Submitted all other required contract deliverables.
B. The Project Manager must submit the following Project Completion certification prior to City Engineer Acceptance of the Project:
“I certify that, to the best of my knowledge, all Work of the Project is Complete, including the fulfillment of all administrative requirements of the Contract. I request the City accept the Project as complete.”
Project Manager of the Contractor
15.08 ACCEPTANCE OF THE WORK
A. Acceptance of the Work will be made by the City Engineer, only after the City’s Representative has recommended Acceptance.
B. After the formal Acceptance of the Work, the City will record a Notice of Completion.
C. City's Acceptance establishes conformity with the Contract except for delays in completion, latent defects, fraud, or such gross errors as amount to fraud, willful misconduct, or gross negligence, and subject to any Guarantee and Warranty, express or implied.
D. Determinations by City’s Representative that the Work is complete or Acceptance of the Work by the City Engineer, does not bar any action by the City against the Contractor pursuant to Section 00700-
15.12, Warranties & Guarantees.
15.09 FINAL PAYMENT – SEE ARTICLE 10.09- FINAL INSPECTION AND PAYMENT
15.10 CONTRACTOR’S DUTIES AND RESPONSIBILITIES AFTER ACCEPTANCE A. After Acceptance of the Work, Contractor is relieved of the duty of maintaining and protecting the entire Work, and Contractor is not required to perform any further Work thereon, except as otherwise required by law or the Contract Documents.
B. Contractor is relieved of responsibility for injury to persons or property or damage to the Work that occurs after City's Acceptance, provided that such injury/damage is not in any way caused by Contractor.
C. City's Acceptance does not relieve Contractor of responsibility for faulty materials or workmanship or of complying with the requirements of Warranties and Guarantees.
15.11 RETENTION PROCEEDS, WITHHOLDING AND DISBURSEMENT
A. Pursuant to California Public Contract Code §7107, within sixty (60) Days after the date of “completion” of the Work, the retention withheld by City shall be released, subject to all withholds required and authorized by law including Stop Notice claims and Liquidated Damages (pursuant to California Government Code §53069.85). In the event of a Dispute between City and Contractor, City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
CONTRACTING REQUIREMENTS
May 2026 00700 - 97 City of Yuba City
General Conditions Septage Hauling and Receiving Station B. For purposes of release of retention, "completion" means any of the following:
1. The Acceptance by City of the Work.
2. After the commencement of Work, a cessation of labor on the Work for a continuous period of one-hundred (100) Days or more, due to factors beyond Contractor's control.
3. After the commencement of Work, a cessation of labor on the Work for a continuous period of thirty (30) Days or more, if City records a Notice Of Cessation or a Notice Of Completion with the County Recorder.
C. Subject to Section 00700-15.11.D below, within seven (7) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor must pay each of its Subcontractors from whom retention has been withheld, each Subcontractor's share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor, if the payment is consistent with the terms of the Subcontract. (California Public Contract Code §7107(d)) D. Contractor may withhold from a Subcontractor its portion of the retention proceeds if a bona fide dispute exists between the Subcontractor and Contractor. The amount withheld from the retention payment shall not exceed one hundred fifty percent (150%) of the estimated value of the disputed amount.
E. In the event that retention payments are not made within the time periods required by California Public Contract Code (PCC) §7107, the City or Contractor withholding the unpaid amounts shall be subject to a charge of two percent (2%) percent per month on the improperly withheld amount, in lieu of any interest otherwise due. Additionally, in any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to attorney's fees and costs. (PCC §7107)
15.12 WARRANTY & GUARANTEES
A. Neither the final Acceptance, nor payment, nor any provision in the Contract Documents relieves Contractor of responsibility for faulty materials or workmanship.
B. Contractor must guarantee all workmanship and materials for a period of one year, or as specified in the technical sections of the Contract Documents (specifications), from and after the Date of Acceptance of the Work by the City’s Director of Public Works.
C. Contractor may also be required to furnish a written Guarantee covering all or certain items of Work for longer periods of time from the Date of Acceptance of the Contract. The Work to be Guaranteed, the form, and the time limit of the Guarantee will be specified in the Contract Documents. Said Guarantee must be signed and submitted to City before Acceptance of the Work.
D. The Warranty/Guarantee period begins at the Date of Acceptance of the Work by the City Engineer.
E. In addition to any other warranties in this contract, the Contractor warrants, except as provided in Paragraph J of this clause, that work performed under this Contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
F. This Warranty shall continue for a period of one year from the date of final acceptance of the work by the City Engineer. If, pursuant to Section 00700-15.01 above, City takes possession of any part of the work before final acceptance, this Warranty shall continue for a period of 1 year from the date the City takes possession the specific Work identified pursuant to 15.01.
G. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to City-owned or controlled real or personal property, when that damage is the result of:
1. The Contractor’s failure to conform to contract requirements; or
2. Any defect of equipment, material, workmanship, or design furnished.
H. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s Warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
CONTRACTING REQUIREMENTS
May 2026 00700 - 98 City of Yuba City
General Conditions Septage Hauling and Receiving Station I. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—
1. Obtain all warranties that would be given in normal commercial practice;
2. Require all warranties to be executed, in writing, for the benefit of the City, if directed by the City’s Representative; and
3. Enforce all warranties for the benefit of the City, if directed by the City’s Representative.
J. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the City nor for the repair of any damage that results from any defect in City-furnished material or design.
K. This Warranty shall not limit the City’s rights under the Milestone Completion and City Engineer acceptance paragraphs of this Contract with respect to latent defects, gross mistakes, or fraud.
L. Contractor must repair or replace all defective Work, together with any other Work affected by the repair or replacement during said Guarantee period without expense whatsoever to City.
M. The aforesaid one-year Warranty/Guarantee period does not in any way limit or waive City's rights to legal recourse for latent construction defects, pursuant to California Civil Code of Procedure §337.15 nor for patent construction defects pursuant to §337.1.
N. Approximately fifteen (15) Days before completion of the entire Work of the Project, Contractor must meet with City regarding Warranty/Guarantee requirements. City will establish communication procedures for notifying Contractor of Warranty defects, priorities regarding the type of defect, time required for Contractor response, and other details deemed necessary by City for execution of the Warranty/Guarantee.
O. If the Contractor fails to remedy any failure, defect, or damage, within five (5) calendar days of City’s notice, or commence to remedy and proceed with due diligence when the repair cannot be completed within five (5) days, the City may replace, repair or otherwise remedy the failure, defect or damage at the Contractor’s expense.
**END ARTICLE 15**
CONTRACTING REQUIREMENTS
May 2026 00700 - 99 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 16 - MISCELLANEOUS PROVISIONS
16.01 CONTRACTOR’S USE OF COMPUTER SOFTWARE
A. Contractor certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of this Contract for the acquisition, operation or maintenance of computer software in violation of copyright laws.
16.02 RIGHTS IN LAND AND IMPROVEMENTS
A. Nothing in the Contract shall be construed as allowing Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the physical limits of the Project for any purpose whatsoever, either with or without compensation, nor act in conflict with any agreement between City and any owner, former owner, or tenant of such land, structure, or building.
B. Contractor must not occupy City's property outside the Project limits as shown on the Plans or on maps available in City's offices, unless Contractor enters into a written agreement with City. **END ARTICLE 16**
**END OF SECTION 00700**
CONTRACTING REQUIREMENTS
May 2026 00700 - 100 City of Yuba City
General Conditions Septage Hauling and Receiving Station (THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACTING REQUIREMENTS
May 2026 00800 - 1 City of Yuba City
Supplementary General Conditions Septage Hauling and
Receiving Station
SECTION 00800
SUPPLEMENTARY GENERAL CONDITIONS
DELAYS
1.1 Damages for Delays Allowed for Completion
In accordance with the provisions of Section 00700-8.02, Contract Time, the following substantial completion and final completion contract times shall be completed within the number of consecutive calendar days from the date established in the Notice to Proceed for the commencement of Contract Time:
Contractual Completion Event
Completion Time
(# of calendar days from
Notice to Proceed date)
Substantial Completion 120 Days
Final Completion 140 Days
1.2 Damages for Delays
In accordance with the provisions of Section 00700-6.5, Liquidated Damages, for the period of time that any portion of the Work remains unfinished after the time fixed for an interim milestone and/or Substantial Completion in Section 00800-1.1, Time Allowed for Completion, as modified by extensions of time granted by the Owner, it is understood and agreed by the Contractor and the Owner that the Contractor shall pay the Owner the damages listed below.
Contractual Completion Event
Daily
Liquidated Damages
Substantial Completion N/A
Final Completion $3,600
In accordance with the provisions of Section 00700-8.03.C.1.b, Weather Delays, an allowance of three (3) working days of weather caused delay have been included in the time allowed for completion. This allowance represents a reasonable assessment of anticipated lost working days based on historical weather patterns. These weather days shall be included in the Contractor’s schedule as specified in Section 01324-1.09, WEATHER CONDITIONS AND WEATHER DAY ALLOWANCE.
OTHER DAMAGES
2.1 Public Hardship or Negative Impact
A. Work Hours
Maintaining or running equipment outside the permitted hours.
First occurrence Warning
Second occurrence $ 500
Third and subsequent occurrences $1,000
B. Site Cleanliness
Failure to maintain the cleanliness of the construction site.
First Occurrence Warning
Second Occurrence $ 500
Third and subsequent Occurrences $1,000
CONTRACTING REQUIREMENTS
May 2026 00800 - 2 City of Yuba City
Supplementary General Conditions Septage Hauling and
Receiving Station
C. Maintenance of Temporary Pavement:
Failure to maintain temporary paving as required by the affected pavement owner.
First Occurrence Warning
Second Occurrence $ 500
Third and Subsequent Occurrences $1,000
D. Right-of-Way Restrictions:
Failure to comply with right-of-way restrictions (see Section 01734).
First Occurrence Warning
Second Occurrence $ 500
Third and Subsequent Occurrences $1,000
E. Tree Protection:
Failure to comply with all tree and root protection requirements (see Section 01560-1.19).
First Occurrence Warning
Second Occurrence $ 1,000
Third and Subsequent Occurrences $ 2,000
END OF SECTION
May, 2026 01110-1 Septage Hauling and Receiving Station Final
SECTION 01110
SUMMARY OF WORK
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Identification and summary description of the Project, the Work, location, products furnished by OWNER, activities by others, coordination, and early occupancy by OWNER.
1. Owner will provides some equipment and services for this project as noted In Section 1.04, Section 11010, and as indicate don the drawings. Contractor shall provide all other labor and services.
1.02 THE PROJECT WORK
A. The Project consists of the installation of Owner supplied Septage Receiving Station equipment, including the construction of concrete pad, roadways, drain/sewer pipelines, manholes, electrical service, other equipment, and associated miscellaneous improvements as indicated on the Drawings and as detailed elsewhere in the Contract Documents.
B. Except as Specifically Noted Otherwise, Provide and Pay For:
1. Insurance and bonds.
2. Labor, materials, and equipment.
3. Tools, equipment, and machinery required for construction.
4. Utilities required for construction.
5. Dust control measures.
6. Other facilities and services necessary for proper execution and completion of the Work.
7. Any special testing and inspections required.
C. Secure and pay for all required permits including OSHA permits, Department of Transportation permits, government fees and licenses.
D. Comply with codes, ordinances, regulations, orders, and other legal requirements of public authorities having bearing on the performance of the Work.
1.03 LOCATION OF PROJECT
A. The Work is located at the City of Yuba City WWTF, 302 Burns Drive, Yuba City, CA 95991
1.04 OWNER FURNISHED EQUIPMENT
A. OWNER will furnish equipment for this project as described in the specifications, indicated on the drawings, and noted below. The Contractor shall provide all other equipment and materials for this project.
1. Septage Receiving Equipment per Section 11010.
1.05 ACTIVITIES BY OTHERS
A. OWNER, utilities, and others may perform activities within Project area while the Work
May, 2026 01110-2 Septage Hauling and Receiving Station Final
is in progress.
1. Schedule the Work with OWNER, utilities, and others to minimize mutual interference.
B. Additional Projects Being Constructed at the Sewage Treatment Plant.
1. Normal Operations of the facility.
C. Cooperate with others to minimize interference and delays.
1. When cooperation fails, submit recommendations and perform Work in coordination with work of others as directed.
D. When the Work depends for proper execution or results upon work performed by others, inspect and promptly report apparent discrepancies or defects in work performed by others.
1. Assume responsibility for work performed by others, except for defects reported as specified in this paragraph and defects which may become apparent in work performed by others after execution of the Work.
E. Access shall be maintained at all times to the treatment plant to allow operations of the plant and access for other contractors.
1.06 COORDINATION OF WORK
A. Maintain overall coordination of the Work.
B. Obtain construction schedules from each subcontractor, and require each subcontractor to maintain schedules and coordinate modifications.
1.07 EARLY OCCUPANCY OF PORTIONS OF WORK
A. No partial acceptance of the Work will be made and no acceptance other than the final acceptance of the completed Work will be made except for those portions of Work designated for early occupancy by OWNER.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
May, 2026 01116-1 Septage Hauling and Receiving Station Final
SECTION 01116
PROJECT MANUAL LANGUAGE
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Explanation of arrangement, language, reference standards, and method of resolving conflicts between Contract Documents.
B. Related Documents and Sections:
1. Subcontract Agreement - General Conditions.
2. Section 01600 - Product Requirements.
1.02 PROJECT MANUAL ARRANGEMENT
A. Document and Section numbers used in Project Manual, and Project Manual arrangement are in accordance with CSI Document MP-2-1, Masterformat, except where departures have been deemed necessary.
B. Sections are written in CSI Section format in accordance with CSI Document MP-2-2, Three-Part Section Format, except where departures have been deemed necessary.
C. Page format for Sections in the Project Manual is in accordance with CSI Document MP-2-3, Page Format, except where departures have been deemed necessary.
1.03 PROJECT MANUAL LANGUAGE
A. Specification Section Paragraphs entitled "Section Includes" summarizes briefly what is generally included in sections in which they occur. Requirements of Contract Documents are not limited by "Section Includes" paragraphs.
B. Specifications have been partially streamlined by intentionally omitting words and phrases, such as "the CONTRACTOR shall," "in conformity therewith," "shall be" following "as indicated," "a," "an," "the" and "all". Assume missing portions by inference.
C. Phrase "by ENGINEER" modifies words such as "accepted," "directed," "selected," "inspected" and "permitted," when they are unmodified.
D. Phrase "to ENGINEER" modifies words such as "submit," "report," and "satisfactory," when they are unmodified.
E. Colons (:) are used to introduce a list of particulars, an appositive, an amplification, or an illustrative quotation.
1. When used as an appositive after designation of product, colons are used in place of words "shall be."
F. Word "provide" means to manufacture, fabricate, deliver, furnish, install, complete, assemble, erect in place, test, render ready for use or operation, including necessary related material, labor, appurtenances, services, and incidentals.
May, 2026 01116-2 Septage Hauling and Receiving Station Final
G. Words "CONTRACTOR shall" are implied when direction is stated in imperative mood.
H. Term "products" includes materials and equipment as specified in Section 01600.
1.04 REFERENCE STANDARDS
A. Use edition or amendment of referenced standards in effect on date stipulated.
B. Use only applicable portions of referenced standards, ignoring payment stipulations and other provisions which change the duties of the ENGINEER or OWNER Subcontract Agreement - General Conditions.
C. Equate terms relating to designer to "ENGINEER."
D. Notify ENGINEER when referenced standard, code, or specification conflicts with Contract Documents.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
May, 2026 01140-1 Septage Hauling and Receiving Station Final
SECTION 01140
WORK RESTRICTIONS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Requirements for sequencing and scheduling the Work affected by existing site and facility, work restrictions and coordination between construction operations and plant operations.
B. Related Sections:
1. Section 01352 - Alteration Project Procedures.
1.02 GENERAL CONSTRAINTS ON SEQUENCE AND SCHEDULING OF WORK A. Wastewater Projects:
1. The Yuba City Wastewater Treatment Facility is the communities only means of treating domestic and commercial wastewater prior to discharging. Impairing the operational capabilities of this treatment plant will result in serious environmental damage and monetary fines.
2. Conduct work in a manner that will not impair the operational capabilities of essential elements of the treatment process or reduce the capacity of the entire treatment plant below levels sufficient to treat the quantity of raw wastewater to the water quality limitations specified in the discharge permit.
B. Work inside the fence/WWTP:
1. All work inside the fence for the WWTP shall conform to project plans, specifications, and typical details.
C. Work outside the fence/in public right of way:
1. All work in the public right of way shall conform with City standards and typical details.
1.03 INTERRUPTION OF TREATMENT PROCESSES
A. Execute the Work while the existing facility is in operation as specified in Section 01352.
B. Indicate required shutdowns of existing facilities or interruptions of existing operations on Progress Schedule. Shutdowns will be permitted to the extent that existing operation of the plant will not be jeopardized and identified constraints are satisfied.
Contractor shall submit the project shutdown form for approval prior to making any project shutdowns.
C. Submit notification in writing, of required shutdowns of existing facilities at least 7 days prior to the planned date of shutdown.
D. Following receipt of a notice of required shutdown, the ENGINEER will notify the CONTRACTOR within 3 working days whether the requested date and time will be permitted. Evaluation of the request will be based on the plant's ability to reliably meet capacity demands.
E. Do not begin alterations until ENGINEER's written permission has been received.
May, 2026 01140-2 Septage Hauling and Receiving Station Final
F. Minimize shutdown times by thorough advanced planning. Have required equipment, materials, and labor on hand at time of shutdown.
G. Where required to minimize treatment process interruptions while complying with specified sequencing constraints, provide temporary pumping, power, lighting, controls, instrumentation, and safety devices.
H. Where possible, sequence tie-ins and modifications to allow multiple items of work during a single shutdown.
1.04 WORK SEQUENCE AND CONSTRAINTS
A. Utilize description of critical events and work constraints in this Section as a guideline for scheduling and undertaking the Work.
B. Work sequence and constraints presented do not include all items affecting completion of the Work, but are intended to describe critical events necessary to minimize disruption of the existing facilities and to ensure compliance with waste discharge permit requirements.
C. The following phasing plan is conceptual in nature and is intended as a basis for the Contractors work and to minimize interruptions to the plant operations. Any proposed modifications to the following phasing plan shall be submitted to the Owner and Engineer for consideration and/or approval prior to commencing work. All items remain the Contractors responsibility unless specifically noted otherwise.
The following
1. Perform all potholing and locate all utilities affecting the work.
2. Order all long lead time equipment. Note there are several specialty piping items that have long lead times that must be ordered early.
3. Apply for and obtain encroachment permit for Burns Drive. Cost paid by Contractor.
4. Submit and get approval from the City for the Traffic Control Plan for Burns Drive. Cost paid for by Contractor.
5. Apply for and obtain Project SWPPP. Cost paid for by Contractor.
6. Perform special survey per Section 01722.
Phase 1 - Construction
7. Perform clearing and grubbing and rough grading of site at Septage receiving station.
8. Once traffic control plan is approved, install Septage Receiving Station drain line into sewer manhole in Burns drive.
9. Make repairs to Burns Drive.
10. Install electrical duct bank from connection location and other underground utilities.
11. Install concrete work and drains
12. Install Owner supplied equipment.
13. Make all electrical and utility connections to Owner supplied equipment.
14. Perform all fine grading.
15. Install project asphalt.
16. Start up and test Owner supplied equipment.
May, 2026 01140-3 Septage Hauling and Receiving Station Final
D. Perform all remaining work for the project.
E. Perform operating training and other project closeout items.
F. Coordinate electrical and process shutdowns with the treatment plant operations group as required.
G. The contractor shall coordinate all work with the existing plant operation staff.
1.05 PLANT WORK CONSTRAINTS
A. Deliveries of materials and equipment. No deliveries can be made to the plant after 3 pm. The contractor shall unload all equipment and material deliveries. Plant staff will not accept deliveries on behalf of the contractor.
B. The plant entrance road and driveway access through the plant shall be maintained at all times.
C. Vehicle access to the facilities shall be maintained at all times.
D. The Job Superintendent shall submit a daily sheet listing all people working on the project that day at the beginning of the day at the Administration Building. At a minimum the sheet shall have the employee name, company, job, supervisor name and number.
E. Staff hours for the treatment plant are 7am to 3:30 pm, Monday Through Friday.
F. Contractors hours of work will be set during the first project meeting.
1.06 OPERATIONS AND MAINTENANCE ACCESS
A. Provide safe, continuous access to process control equipment for plant operations personnel.
1.07 SHUTDOWN CONSTRAINTS
A. Shutdowns for tie-ins shall be limited to 2 hours and properly coordinated with the plant staff.
1.08 UTILITIES
A. Maintain electrical, telephone, water, gas, sanitary facilities, and other utilities within existing facilities in service. Provide temporary utilities when necessary.
B. Provide advance notice to and utilize services of Underground Services Alert (U.S.A.) for location and marking of underground utilities operated by utility agencies other than the OWNER.
PART 2 PRODUCTS
Not Used
PART 3 PART 3 EXECUTION
3.01 COORDINATION OF WORK
A. Maintain Overall Coordination of Execution of Work.
May, 2026 01140-4 Septage Hauling and Receiving Station Final
B. Obtain schedules from subcontractors and suppliers and assume responsibility for correctness.
C. Incorporate schedules from subcontractors and suppliers into Progress Schedule to plan for and comply with sequencing constraints.
3.02 WORK BY OTHERS
A. Where proper execution of the Work depends upon work by others, inspect and promptly report discrepancies and defects.
3.03 GENERAL REQUIREMENTS FOR EXECUTION OF WORK
A. Locate temporary facilities in a manner that minimizes interference to OWNER's operation and maintenance personnel.
B. Unless otherwise specified, install temporary pipelines of the same size as its connection to the existing facility at the downstream end of the pipeline.
C. Provide piping of suitable material for the material being conveyed.
D. Provide submittals on proposed temporary electrical and instrumentation components necessary to maintain existing facilities.
E. Dewater and promptly clean basins and channels temporarily removed from service.
F. Dimensions for all existing structures, piping, paving, and other nonstructural items are approximate. The CONTRACTOR shall field verify all dimensions and conditions and report any discrepancies to the ENGINEER a minimum of 14 days in advance of any construction in the area.
G. Discrepancies between coordinates, bearings and lengths, and stationing shall be resolved in the following order of precedence:
1. Coordinates.
2. Bearings and lengths.
3. Stationing.
May, 2026 01140-5 Septage Hauling and Receiving Station Final
PROJECT SHUTDOWN FORM
(Submit project Shutdown form 5 working days prior to the shutdown date) Equipment or process to be shutdown: _____________________________________________ Purpose of planned shutdown: ____________________________________________________ Beginning and end date and or time of shutdown:______________________________________ What is the backup plan if equipment cannot be returned to service as scheduled? ___________ ______________________________________________________________________________ ______________________________________________________________________________ Are appropriate emergency response plans in place? ____________________________________ District Use Only
Approved: Yes No
Date: ___________________
Comments:
_____________________________________________________________________ _______________________________________________________________________________ _
Approved By: ________________________________
Signature.
May, 2026 01140-6 Septage Hauling and Receiving Station Final
END OF SECTION
May, 2026 01324-1 Septage Hauling and Receiving Station Final
SECTION 01324
PROGRESS SCHEDULES AND REPORTS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Preparation, submittal, and maintenance of computerized progress schedule and reports, contract time adjustments, and payment requests.
1.02 RESPONSIBLE PERSON
A. Designate, in writing and within 5 days after Notice of Award, person responsible for preparation of schedule.
B. Qualifications of Responsible Person:
1. Authority to act on behalf of CONTRACTOR.
2. Experienced in preparation of complex construction schedules of similar value.
3. Knowledge of scheduling.
1.03 PREPARATION
A. Preparation and submittal of the Progress Schedule represents CONTRACTOR's intention to execute the Work within specified time and constraints.
B. CONTRACTOR's bid covers the costs associated with the execution of the Work in accordance with the Progress Schedule.
C. During preparation of the Progress Schedule, ENGINEER will facilitate CONTRACTOR's efforts by being available to answer questions regarding sequencing issues, scheduling constraints, interface points, and dependency relationships.
D. Prepare schedule utilizing precedence diagramming method.
E. Prepare schedule utilizing activity durations in terms of working days. Do not exceed 15 day duration on activities except concrete curing, submittal review and equipment deliveries. Where duration of continuous work exceeds 15 working days, subdivide activities by location, stationing, or other sub-element of the Work.
F. Failure to include an activity required for execution of the Work does not excuse CONTRACTOR from completing the Work and portions thereof within specified times and at price specified in Agreement.
G. Reference schedule to calendar days with beginning of contract time as Day "1."
1.04 SUBMITTAL OF PROGRESS SCHEDULE
A. Submit preliminary and complete Progress Schedule.
B. Submit the Following Items:
1. 3 prints of each sheet.
2. 3 Computer Printouts as Follows (if computer program used for scheduling):
May, 2026 01324-2 Septage Hauling and Receiving Station Final
a. List of activity descriptions and numbers.
b. List of all activities sorted numerically identifying predecessor/successor information.
c. List of all activities sorted numerically identifying duration, early start, late start, early finish, late finish, and total float.
d. List of all activities sorted by total float identifying duration, early start, late start, early finish, and late finish.
3. 3 prints of Summary Schedule.
1.05 GRAPHICAL OUTPUT
A. Produce a clear, legible, and accurate calendar based, graphical network diagram.
Group activities related to the same physical areas of the Work. Draw the network diagram based upon the early start of all activities.
B. Include for each activity, the description, activity number, estimated duration in working days, free float and all activity relationship lines.
C. Illustrate order and interdependence of activities and sequence in which work is planned to be accomplished. Incorporate the basic concept of a network analysis diagram to show how the start of one activity is dependent upon the start or completion of preceding activities and its completion restricts the start of following activities.
D. Indicate the critical path for the project.
E. Delineate the specified contract duration and identify the planned completion of the work as a milestone. The time period between these 2 dates, if any, shall be considered contract float. Contract float is for the mutual benefit of both the OWNER and the CONTRACTOR. Changes to the project that can be accomplished within this available period of float may be made by the OWNER without extending the contract time, by utilizing the float. Likewise, the CONTRACTOR may utilize the float to offset delays other than delays caused by the OWNER. The mutual use of this float shall continue until all available float shown by the Progress Schedule has been utilized by either the OWNER or the CONTRACTOR, or both. At that time, extensions of the contract time will be granted by the OWNER for valid OWNER-caused delays which affect the planned completion date and which have been properly documented and demonstrated by the CONTRACTOR.
F. Identify system shutdown dates, system tie-in dates, specified interim completion dates and contract completion date as milestones.
G. Include, in Addition to Construction Activities:
1. Submission dates and review periods for major equipment submittals, and shoring submittals.
a. Shoring Reviews: Allow 4 week review period for each shoring submittal.
2. Any activity by the OWNER or the ENGINEER that may affect progress or required completion dates.
3. Equipment delivery.
4. Approvals required by regulatory agencies or other third parties.
H. Produce network diagram on 11 inch by 17 inch sheets with grid coordinate system on the border of all sheets utilizing alpha and numeric designations.
I. Identify the Execution of the following, omitting items not applicable to the Work:
May, 2026 01324-3 Septage Hauling and Receiving Station Final
1. Mobilization.
2. Submittal review.
3. Equipment and materials procurement.
4. Concrete, including installation of forms and reinforcement, placement of concrete, curing, stripping, finishing and patching.
5. Equipment, including identification of ordering lead time, factory testing and installation.
6. Piping, fittings and appurtenances, including identification of ordering and fabrication lead time, layout, installation and testing.
7. Valves, gates and operators, including identification of order lead time, installation and testing.
8. Plumbing specialties.
9. Electric transmission, service, and distribution equipment, including identification of ordering lead time, and factory testing.
10. Other electrical work including lighting, heating and cooling, and special systems, including identification of ordering lead time.
11. Instrumentation and controls, including identification of ordering lead time.
12. Preliminary testing of equipment, instrumentation and controls.
13. Final testing, including preparation time.
14. Seven-day operational test.
15. Punch list work.
16. Operation and maintenance training.
17. Demobilization.
1.06 SUMMARY SCHEDULE
A. Provide Summary Schedule which consolidates groups of activities associated with Major Items of Work listed in Schedule of Values. Summary Schedule is intended to give an overall indication of the project schedule without a large amount of detail.
1.07 WEATHER DAYS ALLOWANCE
A. Include as a separate identifiable activity on the critical path, an activity labeled "Weather Days Allowance." Insert this activity at the end of the schedule.
B. Duration of Weather Days Allowance is specified in conditions of the contract.
C. Insert an activity in critical path to reflect weather day occurrences when weather days are experienced and accepted by ENGINEER. Identify this activity as a weather delay.
D. Reduce duration of Weather Days Allowance activity as weather delays are experienced and inserted into the Schedule. Remaining weather days in Weather Day Allowance at completion of project is considered float.
1.08 ACCEPTANCE OF SCHEDULE
A. ENGINEER will review schedule to ascertain compliance with specified project constraints, compliance with milestone dates, reasonableness of durations and sequence, accurate inter-relationships and completeness.
B. ENGINEER and OWNER will issue written comments following completion of preliminary review.
May, 2026 01324-4 Septage Hauling and Receiving Station Final
C. Revise and resubmit schedule in accordance with ENGINEER's comments, or request joint meeting to resolve objections.
D. When schedule reflects OWNER's and CONTRACTOR's agreement of project approach and sequence, schedule will be accepted by OWNER as the base schedule.
Use accepted schedule for planning, organizing and directing the work and for reporting progress. Provide all items listed in Article 1.05B.
1.09 UPDATING THE SCHEDULE
A. Update the schedule prior to monthly progress meeting. Report significant changes in progress meeting.
B. Submit updated schedule and materials listed in Article 1.05B within 5 days of progress meeting.
C. Progress payment requests may not be processed by ENGINEER if updated schedule has not been submitted or if update is found unacceptable.
D. Prepare update using most recent accepted version of schedule. Include:
1. Actual start date of activities that have been started.
2. Actual finish date of activities that have been completed.
3. Percentage of completion of activities that have been started but not finished.
4. Actual dates on which milestones were achieved.
E. Submit narrative report in conjunction with updated schedule. Describe:
1. Activities added to or deleted from schedule. Identify added activities in manner distinctly different from original activity designations.
2. Changes in sequence or estimated duration of activities.
3. Current or anticipated problems and delays affecting progress, impact of these problems and delays and measures taken to mitigate impact.
4. Assumptions made and activities affected by incorporating change order work into the schedule.
F. Identify overall progress of each Major Item of Work in the Summary Schedule.
1.10 REVISIONS TO SCHEDULE
A. Submit Revised Schedule Within 5 Days:
1. When delay in completion of any activity or group of activities indicates an overrun of the contract time or milestone dates by 20 working days or 5 percent of the remaining duration, whichever is less.
2. When delays in submittals, deliveries, or work stoppages are encountered making necessary the replanning or rescheduling of activities.
3. When the schedule does not represent the actual progress of activities.
4. When any change to the sequence of activities, the completion date for major portions of the work, or when changes occur which affect the critical path.
5. When Contract modification necessitates schedule revision, submit schedule analysis of change order work with cost proposal.
B. Submit revised schedule and materials listed in Article 1.05.
C. Make revisions on most recently accepted version of schedule.
May, 2026 01324-5 Septage Hauling and Receiving Station Final
1.11 ADJUSTMENT OF CONTRACT TIME
A. Contract time will be adjusted only for causes specified in Contract Documents.
B. Submit justification, construction schedule data and supporting evidence with each request for contract time adjustment.
C. Submit Proof That the Contract Completion Date Has Been Affected By:
1. inserting new activities associated with change orders or OWNER - caused delays into the schedule,
2. revising activity logic, or
3. revising activity durations.
D. When a delay to the project as a whole can be avoided by revising preferential sequencing, and the CONTRACTOR chooses not to implement the revisions, the CONTRACTOR will be entitled to a time extension and no compensation for extended overhead.
E. Indicate clearly that the CONTRACTOR has used, in full, all the Contract Float available for the work involved in the request, including any float that may exist between the CONTRACTOR's planned completion date and the Contract completion date. Utilize the latest version of the Progress Schedule accepted at the time of the alleged delay, and all other relevant information, to determine the adjustment of the contract time.
F. Contract Float shall be for the mutual benefit of the OWNER and the CONTRACTOR.
Adjustment of the Contract Time will be granted only when the Contract Float has been fully utilized and only when the revised date of completion of the Work has been pushed beyond the contract completion date. Adjustment of the Contract Time will be made only for the number of days that the planned completion of the work has been extended.
G. Actual delays in activities which do not affect the critical path work or which do not move the CONTRACTOR's planned completion date beyond the Contract completion date, will not be the basis for an adjustment to the contract time.
H. The CONTRACTOR shall not be entitled to job-site or home office overhead beyond the CONTRACTOR's originally planned occupancy of the site if completion of the project occurs within the specified contract time.
I. When an adjustment of the Contract Time is requested due to OWNER-requested changes to the Project, include, as part of each change order proposal, that portion of the latest version of the accepted Progress Schedule which illustrates logic revisions, duration changes, and other impacts to the Progress Schedule due to the proposed Change Order work in question.
J. Notify ENGINEER for a request for contract time adjustment. Submit request in accordance with paragraph 10.05A of the General Conditions, Claims and Disputes. In cases where the CONTRACTOR does not submit a request for contract time adjustment for a specific change order, delay, or CONTRACTOR request within the specified period of time, then it is mutually agreed that the particular change order, delay, or CONTRACTOR request has no time impact on the Contract completion date and no time extension is required.
May, 2026 01324-6 Septage Hauling and Receiving Station Final
K. The ENGINEER will, within 30 days after receipt of a contract time adjustment, request any supporting evidence, review the facts and advise the CONTRACTOR in writing.
L. The new Progress Schedule data, if accepted by the OWNER, shall be included in the next monthly updating of the Schedule.
M. When the OWNER has not yet made a final determination as to the adjustment of the contract time, and the parties are unable to agree as to the amount of the adjustment to be reflected in the Progress Schedule, reflect that amount of time adjustment in the Progress Schedule as the ENGINEER may accept as appropriate for such interim purpose. It is understood and agreed that any such interim acceptance by the ENGINEER shall not be binding and shall be made only for the purpose of continuing to schedule the Work, until such time as a final determination as to any adjustment of the contract time acceptable to the ENGINEER has been made. Revise the Progress Schedule prepared thereafter in accordance with the final decision.
1.12 PAYMENT REQUESTS
A. Prepare progress payment requests on a monthly basis. Base requests on the breakdowns of costs for each scheduled activity and the percentage of completion for each activity.
B. Indicate total dollar amount of work planned for every month of the project. Equate sum of monthly amounts to Lump Sum Contract Price.
C. Generate Progress Payment request forms by downloading cost data from the schedule information to a spreadsheet type format. Identify each activity on the Progress Schedule that has a cost associated with it, the cost for each activity, the estimated percent complete for each activity, and the value of work completed for both the payment period and job to date.
D. Prepare summary of cost information for each Major Item of Work listed in the Schedule of Values. Identify the value of work completed for both the payment period and job to date.
E. Submit progress payment requests at progress meetings.
1.13 WEEKLY ACTIVITIES PLAN
A. Submit to ENGINEER, on the last working day of every week, CONTRACTOR's Plan of Activities for the following 2 weeks.
1.14 SCHEDULE OF VALUES
A. Submit, in conjunction with the Progress Schedule, a Schedule of Values identifying costs of Major Items of Work as generated by the cost loaded schedule. Equate the aggregate of these costs to the Lump Sum Contract Price.
PART 2 PRODUCTS
Not Used.
May, 2026 01324-7 Septage Hauling and Receiving Station Final
PART 3 EXECUTION
Not Used.
END OF SECTION
May, 2026 01329-1 Septage Hauling and Receiving Station Final
SECTION 01329
SAFETY PLAN
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Development and maintenance of a Construction Safety Plan.
1.02 CONSTRUCTION SAFETY PLAN
A. Construction Safety Plan shall comply with California OSHA.
B. Detail the Methods and Procedures to Comply with California Labor Code Section 6401.7, Federal, and Local Health and Safety Laws, Rules and Requirements for the Duration of the Contract Time. Include the Following:
1. Identification of the Certified or Licensed Safety Consultant who will prepare, initiate, maintain and supervise safety programs, and procedures.
2. Procedures for providing workers with an awareness of safety and health hazards expected to be encountered in the course of construction.
3. Safety equipment appropriate to the safety and health hazards expected to be encountered during construction. Include warning devices, barricades, safety equipment in public right-of-way and protected areas, and safety equipment used in multi-level structures.
4. Methods for minimizing employees' exposure to safety and health hazards expected during construction.
5. Procedures for reporting safety or health hazards.
6. Procedures to follow to correct a recognized safety and health hazard.
7. Procedures for investigation of accidents, injuries, illnesses and unusual events that have occurred at the construction site.
8. Periodic and scheduled inspections of general work areas and specific work stations.
9. Training for employees and workers at the jobsite.
10. Methods of communication of safe working conditions, work practices and required personal protection equipment.
C. Assume responsibility for every aspect of Health and Safety on the jobsite, including the health and safety of Subcontractors, suppliers, and other persons on the jobsite.
1. Forward available information and reports to the Safety Consultant who shall make the necessary recommendations concerning worker health and safety at the jobsite.
2. Employ additional health and safety measures specified by the Safety Consultant, as necessary, for workers in accordance with OSHA guidelines.
D. Transmit to OWNER and ENGINEER copies of reports and other documents related to accidents or injuries encountered during construction.
PART 2 PRODUCTS
Not Used.
May, 2026 01329-2 Septage Hauling and Receiving Station Final
PART 3 EXECUTION
Not Used.
END OF SECTION
May, 2026 01330-1 Septage Hauling and Receiving Station Final
SECTION 01330
SUBMITTAL PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Requirements and procedures for submitting Shop Drawings, Product Data, Samples, other submittals relating to products, and as specified in individual sections.
1.02 DEFINITIONS
A. Manufacturer's Instructions: Instructions, stipulations, directions, and recommendations issued in printed form by the manufacturer of a product addressing handling, installation, erection, and application of the product; Manufacturers Instructions are not prepared especially for the Work.
B. Shop Drawings: Drawings, diagrams, schedules, and other data specially prepared for the Work to illustrate some portion of the Work.
C. Product Data: Illustrations, standard schedules, performance charts, brochures, diagrams and other information to illustrate materials or equipment for some portion of the Work.
D. Samples: Physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.
E. Special Samples: Physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged, and will be incorporated in the Work.
1.03 PROCEDURES
A. Deliver submittals to ENGINEER at address listed on cover of Project Manual, unless another mutually agreeable place is designated.
B. Submit submittals in ample time for each to serve submittals' intended purpose.
C. Submit submittals which are specified or reasonably required for construction, operation, and maintenance of the Work.
D. Deliver submittals under acceptable transmittal form which identifies:
1. Submittal date.
2. Project and CONTRACTOR.
3. Subcontractor and major supplier, when appropriate.
4. Reference submittal to Contract Documents by Drawing, detail, and/or Specification section numbers, as appropriate.
5. Variations from Contract Documents when variations are included in submittal.
E. Submit specified number of copies of submittal.
May, 2026 01330-2 Septage Hauling and Receiving Station Final
F. Provide or furnish products and execute the Work in accordance with accepted submittals, unless in conflict with Contract Documents.
G. When minor deviations from Contract Documents are accepted, modify Contract Documents in accordance with the Conditions of the Contract.
1.04 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
A. Submit a copy of the engineer’s specification with a check mark next to each paragraph by the vendor for compliance with that portion of the specifications. Any deviations for the project specification shall be clearly called out by the vendor as part of the project submittal.
B. Submit Shop Drawings, Product Data, Samples, and other pertinent information in sufficient detail to show compliance with specified requirements.
C. Check, verify, and revise submittals as necessary to bring them into conformance with Contract Documents and actual field conditions.
1. Determine and verify quantities, dimensions, specified design and performance criteria, materials, catalog numbers, and similar data.
2. Coordinate submittal with other submittals and with the requirements of the Contract Documents.
D. After completion of checking, verification, and revising; stamp, sign and date submittals indicating review and approval; and submit to ENGINEER.
1. Stamp and signature indicates CONTRACTOR has satisfied shop drawing review responsibilities and constitutes CONTRACTOR's written approval of shop drawing.
2. Shop drawings without CONTRACTOR's written approval will be returned for resubmission.
E. Shop Drawings: Submit 4 hard copies and one electronic PDF copy of all submittal.
One electronic copy will be returned with reviewer's comments and stamp. Electronic PDF shall be clear and easily readable including all wiring schematics etc. Any portion of the PDF file that is unreadable will cause rejection of the entire submittal.
F. Product Data and Manufacturer's Instructions: Submit 4 copies and one electronic PDF copy. Excise or cross out non-applicable information and clearly mark applicable information with citations to and terminology consistent with Contract Documents.
1. 1 electronic copy will be returned with reviewer's comments and stamp.
G. Samples: Submit 2 samples labeled with reference to applicable Contract Documents.
Label will be returned with reviewer's selection when appropriate, comments and stamp. Samples will not be returned unless return is requested in writing and additional sample is submitted.
H. Special Samples: Submit 1 sample labeled with reference to applicable Contract Documents. Sample and 1 label will be returned for installation in the Work.
I. Assume risk of expense and delays when proceeding with work related to required submittals without review and acceptance.
1.05 SHOP DRAWINGS FOR OWNER SUPPLIED EQUIPMENT
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A. Owner will provide a copy of all shop drawings for Owner supplied equipment.
Contractor shall coordinate all construction activities with Owner supplied shop drawings.
1.06 MANUFACTURER'S INSTRUCTIONS
A. Submit manufacturer's instructions whenever made available by manufacturers and when installation, erection, or application in accordance with manufacturer's instructions are required by the Specifications.
B. Submit manufacturer's instructions prior to installation, erection, or application of equipment and other project components.
C. Submit manufacturer's instructions in accordance with requirements for Product Data.
1.07 ENGINEER'S REVIEW
A. ENGINEER's review of submittals shall not release CONTRACTOR from CONTRACTOR's responsibility for performance of requirements of Contract Documents. Neither shall ENGINEER's review release CONTRACTOR from fulfilling purpose of installation nor from CONTRACTOR's liability to replace defective work.
B. Do not consider submittals as Contract Documents. Purpose of submittals is to demonstrate how CONTRACTOR intends to conform with the design concepts.
C. ENGINEER's review of shop drawings, samples, or test procedures will be only for conformance with design concepts and for compliance with information given in Contract Documents.
1. ENGINEER's review does not extend to:
a. Accuracy of dimensions, quantities, or performance of equipment and systems designed by CONTRACTOR.
b. CONTRACTOR's means, methods, techniques, sequences, or procedures except when specified, indicated on the Drawings, or required by Contract Documents.
c. Safety precautions or programs related to safety which shall remain the sole responsibility of the CONTRACTOR.
D. Except as may be provided in subsequent specifications, a submittal will be returned within 7 days as either “ACCEPTED” or “NOT ACCEPTED” with appropriate comments if required.
1. When a submittal cannot be returned within that period, ENGINEER will, within a reasonable time after receipt of the submittal, give notice of the date by which that submittal will be returned.
E. Not accepted submittals returned as "CORRECT AND RESUBMIT" contain specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. Rejected submittals contain remarks relative to further submittal.
F. ENGINEER will be entitled to rely upon the accuracy or completeness of designs, calculations, or certifications made by licensed professionals accompanying a particular submittal whether or not a stamp or seal is required by Contract Documents or Laws and Regulations.
May, 2026 01330-4 Septage Hauling and Receiving Station Final
G. Costs incurred by OWNER as a result of additional reviews of a particular submittal after the second time it has been reviewed shall be borne by CONTRACTOR.
Reimbursement to OWNER will be made by deducting such costs from CONTRACTOR's subsequent partial payments.
1.08 MINOR OR INCIDENTAL PRODUCTS AND EQUIPMENT SCHEDULES A. Shop Drawings of minor or incidental fabricated products will not be required, unless requested.
B. Submit tabulated lists of minor or incidental products showing the names of the manufacturers and catalog numbers, with Product Data and Samples as required to determine acceptability.
1.09 SUBMITTALS FOR INFORMATION OR RECORD ONLY
A. Submit 4 hard copies and one Electronic PDF copy of each. None will be returned.
1.10 MILL TEST REPORTS
A. Submit 4 certified copies of factory and mill test reports and one electronic PDF copy for record only. No copies will be returned.
B. Do not incorporate Products in the Work which have not passed testing and inspection satisfactorily.
1.11 REINFORCING STEEL
A. Submit reinforcing steel fabrication and setting drawings for information or record only including one electronic PDF Copy. No copies will be returned.
B. Note deviations and variations as specified for Shop Drawings.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
May, 2026 01350-1 Septage Hauling and Receiving Station Final
SECTION 01350
SPECIAL PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Special procedures for locating and verifying concealed existing facilities.
1.02 CONCEALED AND EXISTING FACILITIES
A. Verify locations of utilities and facilities which may exist by consulting with OWNER, utility companies, and Underground Services Alert (USA) or other service available in area of Project.
1. Pothole as needed to identify location of all underground facilities.
2. Abide by easement and right-of-way restrictions.
B. Notify OWNERS’ of facilities when the Work will be in progress. Make arrangements for potential emergency repairs in accordance with requirements of OWNERS’ of facilities, including individual or residential facilities.
C. Assume responsibility for repair of facilities damaged by performance of the Work.
D. Work required for raising, lowering, or relocating utilities not indicated will be performed by affected utility owners or as part of the Work at option of affected owners of utilities.
1. When part of the Work, perform work in accordance with standards of affected utility owner, and adjustment to Contract Price and Contract Times will be made as stipulated in conditions of contract.
E. Prior to construction of the new sewer or manhole tie-in, field verify existing utilities on the path of the new 8”” sewer line to the new manhole in Burns Drive including
1. Storm Drain elevations,
2. Waterline elevations.
3. Sewer invert elevations in Burns Drive
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
May, 2026 01352-1 Septage Hauling and Receiving Station Final
SECTION 01352
ALTERATION PROJECT PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Requirements and procedures for performing alterations to existing facilities.
B. Related Sections:
1. Section 01140 - Work Restrictions.
2. Section 01732 - Cutting and Patching.
3. Section 01500 - Temporary Facilities and Controls.
4. Section 01770 - Closeout Procedures.
1.02 SUBMITTALS
A. Alterations Schedule: Submit in accordance with requirements for Progress Schedules.
1.03 SEQUENCE AND SCHEDULES
A. Perform Work in sequences and within times specified in Section 01140.
B. Submit Separate Detailed Sub-schedule for Alterations, Coordinated with Construction Schedules. Indicate:
1. Each stage of Work and dates of occupancy of areas.
2. Date of Substantial Completion for each area of alterations as appropriate.
3. Trades and Subcontractors employed in each stage.
1.04 WORK INVOLVED WITH EXISTING FACILITIES
A. Perform the Work while existing facility is in operation.
B. Do not jeopardize operation or materially reduce efficiency of existing facility.
C. Coordinate the Work with operation of the facility.
1. Do not begin alterations of designated portions of the Work until specific permission has been granted in writing by OWNER in each case.
2. ENGINEER will coordinate the planned procedure with facility manager.
3. Complete as quickly as possible and with as little delay as possible, connections to existing equipment and utilities, and other operations that interfere with the operation of existing facility.
D. Operational functions of the facility that are required to be performed to facilitate the Work will be performed by facility personnel only.
E. Plant Superintendent will cooperate in every way practicable to assist in expediting the Work.
F. When necessary for the proper operation or maintenance of portions of the facility, reschedule Work operations so that the Work will not conflict with necessary operations
May, 2026 01352-2 Septage Hauling and Receiving Station Final
or maintenance of the facility.
1.05 ALTERATIONS, CUTTING, AND PROTECTION
A. Assign relocation, removal, cutting, and patching to trades qualified to perform in manner which causes least damage and provide means of returning surfaces to appearance of new construction.
B. Provide weather protection, waterproofing, heat and humidity control as needed to prevent damage to remaining existing and new construction.
C. Provide temporary enclosures as specified in Section 01500 to separate construction areas from existing building and from areas occupied by OWNER, and to provide weather protection.
PART 2 PRODUCTS
2.01 SALVAGE MATERIALS
A. Salvage Materials: Materials removed from existing facility.
B. Materials Designated for Salvage or relocation and reuse:
1. The following items shall be salvaged and returned to the Owner. The Contactor shall dispose of all other demolished or damaged materials. a. None
C. Handling and Storage:
1. Prevent damage to salvaged materials during removal, handling, and transportation of salvaged materials.
2. Relocate Salvaged Materials as Directed by the Owner to the onsite storage location.
3. Prepare Salvaged Materials for long term storage in an outdoor covered location.
Follow manufacturer’s O&M recommendations for long term storage.
4. Store Salvaged Materials as Directed by the Owner:
D. Pay costs associated with salvaging materials, including handling, transporting, and storage.
PART 3 EXECUTION
3.01 PREPARATION
A. Identify existing materials which shall be patched, extended, or matched.
B. In addition to demolition and Construction specifically indicated on the Drawings, cut, move or remove items as necessary to provide access or to allow alteration and new construction to proceed, including:
1. Repair or removal of hazardous or unsanitary conditions.
2. Removal of abandoned items and items serving no useful purpose, such as abandoned piping, conduit and wiring.
3. Removal of unsuitable or extraneous materials not marked for salvage, such as abandoned furnishings and equipment, and debris such as rotted wood, rusted
May, 2026 01352-3 Septage Hauling and Receiving Station Final
metals, and deteriorated concrete.
4. Cleaning of surfaces and removal of surface finishes needed to install new construction and finishes.
5. Disposal of items removed and not salvaged.
C. Cut and remove minimum amount of existing construction in manner which avoids damage to adjacent work.
D. Cut finish surfaces such as masonry, tile, plaster, and metals by methods which terminate surfaces in straight line at natural points of division.
E. Perform cutting and patching as specified in Section 01732.
3.02 TRANSITION FROM EXISTING TO NEW WORK
A. When new construction abuts or finishes flush with existing construction, make smooth transitions and match architecture of existing construction.
B. Where partitions are removed, patch floors, walls, and ceilings with finish materials which match existing materials.
C. Where removal of partitions results in adjacent spaces becoming one, rework floors, walls, and ceilings to provide smooth planes without breaks, steps, or bulkheads.
D. Where changes of plane exceed 2 inches, request instructions for making transition.
E. Trim and refinish existing doors as necessary to clear new floors.
F. Match patched construction with adjacent construction in texture and appearance so that patch or transition is invisible at 5 foot distance.
G. When finished surfaces are cut so that smooth transition is impossible, terminate existing surface in neat manner along straight line at natural line of division and provide appropriate trim.
3.03 DAMAGED SURFACES
A. Patch and replace portions of existing finished surfaces which are damaged, lifted and discolored with matching material.
B. Provide adequate support of substrate prior to patching finishes.
C. Refinish patched portion of painted or coated surfaces in manner which produces uniform color and texture to entire surface.
D. When existing surface finish cannot be matched, refinish entire surface to nearest change of plane exceeding 45 degrees.
3.04 CLEANING
A. Perform periodic and final cleaning as specified in Sections 01500 and 01770.
B. Clean OWNER-occupied areas daily.
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C. Clean spillage, overspray and heavy collection of dust in OWNER-occupied areas immediately.
D. At completion of each portion of Work, clean area and make surfaces ready for successive portions of Work.
E. At completion of alterations in each area, provide final cleaning and return space to condition suitable for use by OWNER.
END OF SECTION
May, 2026 01354-1 Septage Hauling and Receiving Station Final
SECTION 01354
HAZARDOUS MATERIAL PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Procedures required when encountering hazardous materials at the Work site.
1.02 REFERENCES
A. California Health and Safety Code, Section 25117.
B. United States Code of Federal Regulation (CFR), Title 29 and Title 40.
C. State of California Code of Regulations (CCR), Title 8 and Title 22.
D. Steel Structure Painting Council - PA Guide 3.
E. 29 CFR 1910.1000.
F. 29 CFR 1910.134.
G. Steel Structure Painting Council:
1. Guide 61 - Guide for Containing Debris Generated During Paint Removal Operations.
2. Guide 71 - Guide for the Disposal of Lead-Contamination Surface Preparation Debris.
H. State of California Code of Regulations (CCR).
I. Steel Structure Painting Council Guide 61 - Description of Methods and Systems.
1.03 SUBMITTALS
A. Submit laboratory reports, hazardous material removal plans, and certifications.
1.04 HAZARDOUS MATERIALS PROCEDURES
A. Hazardous materials are those defined by California Health and Safety Code, Section 25117.
B. When Hazardous Materials Have Been Found:
1. Prepare and initiate implementation of plan of action.
2. Notify immediately OWNER, ENGINEER, and other affected persons.
3. Notify such agencies as are required to be notified by Laws and Regulations with the times stipulated by such Laws and Regulations.
4. Designate a Certified Industrial Hygienist to issue pertinent instructions and recommendations for protection of workers and other affected persons' health and safety.
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5. Identify and contact subcontractors and licensed personnel qualified to undertake storage, removal, transportation, disposal, and other remedial work required by, and in accordance with laws and regulations.
C. Follow Procedures for Hazardous Materials in the General Conditions and the Veolia Contract Health and Safety Plan for Collection System Improvements.
D. Forward to ENGINEER, copies of reports, permits, receipts, and other documentation related to remedial work.
E. Assume responsibility for worker health and safety, including health and safety of Subcontractors and their workers.
1. Instruct workers on recognition and reporting of materials that may be hazardous.
F. File requests for adjustments to Contract Times and Contract Price due to the finding of Hazardous Materials in the Work site in accordance with, General Conditions.
1. Minimize delays by continuing performance of the Work in areas not affected by hazardous materials operations.
1.05 ASBESTOS MATERIALS
A. It is the specific intent of these Contract Documents to exclude from the Work any and all products or materials containing asbestos. No products containing asbestos shall be incorporated in the Work.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
May, 2026 01424-1 Septage Hauling and Receiving Station Final
SECTION 01424
ABBREVIATIONS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Abbreviations and meanings.
1.02 INTERPRETATIONS
A. Interpret abbreviations by context in which abbreviations are used.
1.03 ABBREVIATIONS
A. Abbreviations Used to Identify Reference Standards:
AA Aluminum Association
AAMA Architectural Aluminum Manufacturers Association
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials ABC Associated Air Balance Council
ABPA Acoustical and Board Products Association
ACI American Concrete Institute
ACIL American Council of Independent Laboratories
ADC Air Diffusion Council
AFBMA Anti-Friction Bearing Manufacturers' Association, Inc.
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturers' Association
AI Asphalt Institute
AIA American Institute of Architects
AIMA Acoustical and Insulating Materials Association
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Moving and Conditioning Association
AMG Arizona Masonry Guild
ANSI American National Standards Institute
APA American Plywood Association
API American Petroleum Institute
ARI Air Conditioning and Refrigeration Institute
ASAHC American Society of Architectural Hardware Consultants ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWI Architectural Woodwork Institute
AWPA American Wood Preservers Association
AWPI American Wood Preservers Institute
AWS American Welding Society
AWSC American Welding Society Code
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AWWA American Water Works Association
BHMA Builders Hardware Manufacturers Association
BIA Brick Institute of America
BSI Building Stone Institute
CLFMI Chain Link Fence Manufacturers Institute
CPSC U.S. Consumer Product Safety Commission
CRA California Redwood Association
CRI Carpet and Rug Institute
CRSI Concrete Reinforcing Steel Institute
CS Commercial Standards
CSI Construction Specifications Institute
CTI Ceramic Tile Institute
DHI Door and Hardware Institute
EIFS Exterior Insulation and Finish System
EJCDC Engineers Joint Contract Documents Committee
FGMA Flat Glass Marketing Association
FIA Factory Insurance Association
FM Factory Mutual
FS Federal Specifications
FTI Facing Tile Institute
GA Gypsum Association
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronics Engineers
MAG Maricopa Association of Governments
MIA Marble Institute of America
ML/SFA Metal Lath/Steel Framing Association
MS Military Specifications
NAAMM National Association of Architectural Metal Manufacturers NAPA National Asphalt Pavement Association
NBHA National Builders Hardware Association
NCMA National Concrete Masonry Association
NEC National Electrical Code
NECA National Electrical Contractors Association
NETA International Electrical Testing Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NFPA National Forest Products Association
NIST National Institute of Standards and Technology
NMWIA National Mineral Wood Insulation Association
NPCA National Paint and Coatings Association
NRCA National Roofing Contractors Association
NTMA National Terrazzo and Mosaic Association
NWMA National Woodwork Manufacturer's Association
PCA Portland Cement Association
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PCI Prestressed Concrete Institute
PDCA Paint and Decorating Contractors of America
PDI Plumbing and Drainage Institute
PEI Porcelain Enamel Institute
PS Product Standard
RTI Resilient Tile Institute
SAE Society of Automotive Engineers
SCPA Structural Clay Products Association
SDI Steel Door Institute
SIGMA Sealed Insulating Glass Manufacturers Association SJI Steel Joist Institute
SMACNA Sheet Metal and Air Conditioning Contractors National Association SSPC Steel Structures Painting Council
TCA Tile Council of America
UBC Uniform Building Code (ICBO)
UL Underwriters Laboratories, Inc.
USDA United States Department of Agriculture
VA Vermiculite Association
WCLA West Coast Lumberman's Association
WCLIB West Coast Lumber Inspection Bureau
WPA Western Pine Association
WPOA Western Plumbing Officials Association
WRC Welding Research Council
WSCPA Western States Clay Products Association
WWPA Western Wood Products Association
B. Abbreviations Used in Specifications:
a year or years (metric unit)
A ampere or amperes
am ante meridian (before noon)
ac alternating current
ac-ft acre-foot or acre-feet
atm atmosphere
AWG American Wire Gauge
bbl barrel or barrels
bd board
bhp brake horsepower
bil gal billion gallons
BOD biochemical oxygen demand
Btu British thermal unit or units
Btuh British thermal units per hour
bu bushel or bushels
C degrees Celsius
cal calorie or calories
cap capita
cd candela or candelas
May, 2026 01424-4 Septage Hauling and Receiving Station Final
cfm cubic feet per minute
Ci curie or curies
cm centimeter or centimeters
cmu concrete masonry unit
CO carbon monoxide
Co. Company
CO2 carbon dioxide
COD chemical oxygen demand
Corp. Corporation
counts/min counts per minute
cu cubic
cu cm cubic centimeter or centimeters
cu ft cubic foot or feet
cu ft/day cubic feet per day
cu ft/hr cubic feet per hour
cu ft/min cubic feet per minute
cu ft/sec cubic feet per second
cu in cubic inch or inches
cu m cubic meter or meters
cu yd cubic yard or yards
d day (metric units)
day day (English units)
db decibels
DB dry bulb (temperature)
dc direct current
diam diameter
DO dissolved oxygen
DS dissolved solids
emf electromotive force
fpm feet per minute
F degrees Fahrenheit
ft feet or foot
fc foot-candle or foot candles
ft/day feet per day
ft/hr feet per hour
ft/min feet per minute
ft/sec feet per second
g gram or grams
G gravitational force
gal gallon or gallons
gal/day gallons per day
gal/min gallons per minutes
gal/sec gallons per second
g/L grams per liter
gpd gallons per day
gpd/ac gallons per day per acre
gpd/cap gallons per day per capita
gpd/sq ft gallons per day per square foot
gph gallons per hour
gpm gallons per minute
May, 2026 01424-5 Septage Hauling and Receiving Station Final
gps gallons per second
h hour or hours (metric units)
ha hectare or hectares
hp high point
hp horsepower
hp-hr horsepower-hour or horsepower-hours
hr hour or hours (English units)
Hz hertz
ID inside diameter
ihp indicated horsepower
Inc. Incorporated
inch inch
inches inches
inches/sec inches per second
J joule or joules
JTU Jackson turbidity unit or units
k kips
K kelvin
K thermal conductivity
kcal kilocalorie or kilocalories
kcmil thousand circular mils
kg kilogram or kilograms
km kilometer or kilometers
kN kilonewton or kilonewtons
kPa kilopascal or kilopascals
ksi kips per square inch
kV kilovolt or kilovolts
kVA kilovolt-ampere or kilovolt-amperes
kW kilowatt or kilowatts
kWh kilowatt hour
L liter or liters
lb/1000 cu ft pounds per thousand cubic foot
lb/acre-ft pounds per acre-foot
lb/ac pounds per acre
lb/cu ft pounds per cubic foot
lb/day/cu ft pounds per day per cubic foot
lb/day/acre pounds per day per acre
lb/sq ft pounds per square foot
lin linear, lineal
lin ft linear foot or feet
lm lumen or lumens
log logarithm (common)
ln logarithm (natural)
lx lux
m meter or meters
M molar (concentration)
mA milliampere or milliamperes
max maximum
May, 2026 01424-6 Septage Hauling and Receiving Station Final
mCi millicurie or millicuries
meq milliequivalent
uF microfarad or microfarads
MFBM thousand feet board measure
mg milligram or milligrams
mgd/ac million gallons per day per acre
mgd million gallons per day
mg/L milligrams per liter
mg/L parts per million
ug/L micrograms per liter
um micrometer or micrometers
mile mile
mil. gal million gallons
miles miles
min minimum
min minute or minutes
MLSS mixed liquor suspended solids
MLVSS mixed liquor volatile suspended solids
mm millimeter or millimeters
mol wt molecular weight
mol mole
Mpa megapascal or megapascals
mph miles per hour
MPN most probable number
mR milliroentgen or milliroentgens
Mrad megarad or megarads
mV millivolt or millivolts
MW megawatt or megawatts
N newton or newtons
N normal (concentration)
No. number
Nos numbers
NRC noise reduction coefficient
oc on center
OD outside diameter
ORP oxidation-reduction potential
OT ortho-tolidine
OTA ortha-tolidine-arsenite
oz ounce or ounces
oz/sq ft ounces per square foot
Pa pascal or pascals
pl plate or property line
pm post meridiem (afternoon)
ppb parts per billion
ppm parts per million
ppt parts per thousand
pr pair
psf/hr pounds per square foot per hour
psf pounds per square foot
psi pounds per square inch
psia pounds per square inch absolute
May, 2026 01424-7 Septage Hauling and Receiving Station Final
psig pounds per square inch gauge
PVC polyvinyl chloride
qt quart or quarts
R radius
R roentgen or roentgens
rad radiation absorbed dose
RH relative humidity
rpm revolutions per minute
rps revolutions per second
s second (metric units)
S Siemens (mho)
SDI sludge density index
sec second (English units)
SI International System of Units
sp static pressure
sp gr specific gravity
sp ht specific heat
sq square
cm2 or sq cm square centimeter or centimeters
sq ft square feet or foot
sq inch square inch
sq inches square inches
km2 or sq km square kilometer or kilometers
m2 or sq m square meter or meters
mm2 or sq mm square millimeter or millimeters
sq yd square yard or yards
SS suspended solids
STC Sound Transmission Class
SVI sludge volume index
TDS total dissolved solids
TKN total Kjeldahl nitrogen
TLM median tolerance limit
TOC total organic carbon
TOD total oxygen demand
TOW top of weir
TS total solids
TSS total suspended solids
TVS total volatile solids
U U Factor
U Coefficient of Heat Transfer
U heat transfer coefficient
UNS Uniform Numbering System
US United States
V volt or volts
VA volt-ampere or volt-amperes
W watt or watts
WB wet bulb
May, 2026 01424-8 Septage Hauling and Receiving Station Final
wg water gauge
wk week or weeks
wt weight
yd yard or yards
yr year or years (English unit)
C. Abbreviations Used on Drawings: As listed on Drawings or in Specifications.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
May, 2026 01428-1 Septage Hauling and Receiving Station Final
SECTION 01428
IDENTIFICATION SYSTEMS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Identification of equipment and components of systems with paint, brands, tags, and signboards.
B. Related Sections:
1. Section 01600 - Product Requirements.
2. Section 01770 - Closeout Procedures.
3. Section 09960 - High Performance Coatings.
1.02 SUBMITTALS
A. Submit Following:
1. Product Data.
2. Samples.
3. Manufacturer's Installation Instructions.
4. Submit following as specified in Section 01770:
a. Operation and Maintenance Data.
b. Warranty.
PART 2 PRODUCTS
2.01 MATERIALS
A. Paint: As specified in Section 09960.
B. Pipe Identification Tags: Aluminum or stainless steel with stamped-in 1/4 inch high identifying lettering.
C. Pipe Identification Tag Chains: Aluminum or stainless steel.
D. Snap-on Markers: One of following with 3/4 inch high letters for 3/4 to 4 inch pipe or covering, or 5 inch high letters for 5 inch or larger pipe or cover:
1. Brady Bradysnap-On B-915.
2. Seton Setmark.
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify that conditions are satisfactory for installation and application of products as specified in Section 01600.
May, 2026 01428-2 Septage Hauling and Receiving Station Final
3.02 PREPARATION AND PAINT APPLICATION
A. Prepare and paint surfaces as specified in Section 09960.
END OF SECTION
May, 2026 01450-1 Septage Hauling and Receiving Station Final
SECTION 01450
QUALITY CONTROL
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Quality control requirements and procedures for products and workmanship; sampling and testing of materials; testing of equipment; requirements for testing laboratories; procedures and limitations of inspection; and related matters.
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. E 329 - Standard for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction.
1.03 PRODUCTS AND WORKMANSHIP
A. Perform and complete work in thorough manner.
1. Call ENGINEER's attention to apparent errors, conflicts, discrepancies, or omissions in Contract Documents and request instructions before proceeding with the Work.
2. ENGINEER will issue written clarification or interpretation of requirements of the Contract Documents.
B. When specified, products will be tested and inspected either at point of origin or at Work site.
1. Notify ENGINEER in writing well in advance of when products will be ready for testing and inspection at point of origin.
2. Do not construe that satisfactory tests and inspections at point of origin is final acceptance of products. Satisfactory tests or inspections at point of origin do not preclude retesting or reinspection at Work site.
C. Do not ship products which require testing and inspection at point of origin prior to testing and inspection.
1.04 AUTHORITY AND DUTIES OF OWNER'S REPRESENTATIVE OR INSPECTOR A. OWNER's Representative or Inspector employed or retained by OWNER or ENGINEER is authorized to inspect the Work.
B. Inspections may extend to entire or part of the Work and to preparation, fabrication, and manufacture of products for the Work.
C. Deficiencies or defects in the Work which have been observed will be called to CONTRACTOR's attention.
D. Inspector Will Not:
1. Alter or waive provisions of Contract Documents.
2. Inspect CONTRACTOR's means, methods, techniques, sequences, or procedures for construction.