HomeMy WebLinkAboutCC Resolution 12013 (Repair Scettrini Fire Road)RESOLUTION NO. 12013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL WAIVING THE MAJOR CONTRACTS BIDDING
REQUIREMENTS OF CHAPTER 11.50 OF THE SAN RAFAEL
MUNICIPAL CODE AND ACCEPTING A BID FROM MAGGIORA
& GHILOTTI, INC. FOR THE REPAIR OF SCETTRINI FIRE
ROAD
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, a portion of the Scettrini Fire Road was destroyed by a
landslide during the Federally -declared disaster associated with the New Year storms of
December 31,2005 -January 1,2006; and
WHEREAS, the Scettrini Fire Road provides essential emergency access
to open space areas for the San Rafael Fire Department as well as other Marin County
safety agencies; and
WHEREAS, the Department of Public Works informally bid the contract
to repair Scettrini Fire Road in order to repair the road before the onset of next winter's
rainy season; the Department anticipated that the project cost would not exceed the City's
informal bid limit of $44,000; and
WHEREAS, the low bid by Maggiora & Ghilotti, Inc. was $88,888 and
did exceed the City's informal bid limit; and
WHEREAS, it is imperative that the Scettrini Fire Road be repaired before
the rainy season lest further and more extensive damage result in an emergency situation;
and
LEI
0�3
WHEREAS, there is insufficient time to prepare a formal bid package,
formally advertise the project, receive bids, award the project and complete the
construction before the wet weather season commences in October, thereby seriously
threatening completion of the project before the coming winter rains; and
WI3ERAS, in the opinion of the Director of Public Works and the Fire
Chief, it is imperative for the public health and safety that the Screttini Fire Road be
repaired as expeditiously as possible;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Council hereby finds that all of the facts related above are true and
correct.
2. Pursuant to San Rafael Municipal Code section 11.50.090, the City Council finds
that other valid considerations exist which justify the waiver of the bidding
requirements of Chapter 11.50 and, accordingly, the City Council waives the
formal bidding requirement for this project.
3. The City Council hereby accepts the informal bid of Maggiora & Ghilotti to
construct this project in the amount of $88,888, awards the contract for construction of
this project to Maggiora & Ghilotti, and authorizes the Director of Public Works to
execute the contract in a form to be approved by the City Attorney, and authorizes said
Director to take any and all actions and make contract changes as may be necessary to
accomplish the purpose of this Resolution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of
said City on the 7`h day of August, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
� P
JEArWE-M. L. EONC I, City Clerk
File No.; 08.02.250
City of San Rafael ♦ California
Form of Contract Agreement
for
SCETTRINI FIRE ROAD REPAIR
This Agreement is made and entered into this 71h day of August 2006 by and between
the City of San Rafael (hereinafter called City) and Maggiora & Ghilotti, Inc.
(hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
II - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described
in the specifications for the project entitled: Scettrini Fire Road Repair, all in
accordance with the General Conditions and Contract Provisions which are attached
hereto and incorporated herein as part of this Agreement.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within
fourteen (14) calendar days after the date of written notice by the City to the
Contractor to proceed.
(b) The work shall be completed within thirty (30) working days after the date of
such notice and with such extensions of time as are provided for in the General
Conditions.
III - The Contract Sum
Upon satisfactory completion of the project, City shall pay to the Contractor for the
performance of the Contract the lump sum total contract price.
NO. ITEM LUMP SUM TOTAL PRICE
1. Scettrini Fire Road Slide Repair $88,888.00
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST: CITY OF SAN RAFAEL:. 11-� I
1 Pp Yea -rine Leoncini
Citv Clark
Andrew J. F
Public Works
CONTRACT R:
for Mticc.�� c. clC ltn�- 3p
AGREEMENT, 1
CONTRACT PROVISIONS
SECTION 7 - GENERAL
7.01 Notice to Proceed - Contractor shall
commence work within the number of days
designated in the Bid Proposal after written
notice to do so by Engineer. Time for
completion of work will be computed from
date of said notice to commence work. The
allowable time for completion of the work is
set forth in the special conditions.
7.02 Contract Documents - Contract
documents which shall constitute the entire
contract for said work include the following:
Contract
Plans and Drawings
Special Provisions
Uniform Construction Standards
Cities and County of Marin
7.03 Furnishing of Plans and Specifications -
The City will furnish without cost to
Contractor sufficient copies of the plans and
specifications.
7.04 Coordination of Plans and Specifications
The specifications, the plans, and all
supplementary documents are essential
parts of the contract. All requirement
occurring in one is as binding as though
occurring in all. They are intended to be
cooperative, to describe, and to provide for a
complete work. In case of conflict, Special
Provisions shall govern over the Plans.
7.05 Extra Work - New and unforeseen work
will be classed as extra work when such
work cannot be covered by any of the
various items or combination of items for
which there are bid prices.
The Contractor shall not do extra work ex-
cept upon written order from the City
Engineer. For such extra work, the
Contractor shall receive payment as pre-
viously agreed upon in writing, or he shall
be paid on force account as provided in
Section 9.06.
7.06 Removal of Obstructions - Where the
completion of the work requires their
removal, the Contractor shall remove and
dispose of all structures, debris, or other
obstructions encountered in making the
improvement. Unless otherwise provided in
the Special Provisions, full compensation for
performing this work shall be considered as
included in the contract payments for other
items of work and no additional
compensation will be allowed therefor.
7.07 Disposal of Materials - The Contractor
shall make his own arrangement for
disposing of materials outside the public
right-of-way, construction area, or limits of
work, and he shall pay all costs involved.
Full compensation for all costs involved in
disposing of materials shall be considered as
included in the price paid for the contract
item of work involving such materials.
7.08 Sanitation - The Contractor shall provide
all necessary privy accommodations for the
use of his employees on the work and shall
maintain same in a clean and sanitary
condition.
7.09 Trench Shoring - If the amount bid for
the excavation of any trench or trenches five
(5) feet or more in depth is in excess of
Twenty-five Thousand Dollars ($25,000.00)
then the following requirements shall apply
pursuant to Section 6422 of the Labor Code.
Prior to excavation of any trench or trenches
five (5) feet or more in depth the Contractor
shall submit to and have approved by City 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 plan vanes
from the shoring system standards
established by the Construction Safety
Orders of the Division of Industrial Safety,
the plan shall be prepared by a Registered
Civil or Structural Engineer. Nothing in this
section shall be deemed to allow the use of a
shoring, sloping, or protective system less
effective than that required by the
Construction Safety Orders of the Division of
Industrial Safety.
7.10 Final Cleaning Up - Before acceptance
and final payment, the Contractor shall
clean all streets, roads, borrow pits, and all
ground occupied by him in connection with
the work, of all rubbish, excess materials,
temporary structures, and equipment. All
parts of the work shall be left in a neat and
presentable condition. Natural ground cover
disturbed by haul roads shall be restored to
its condition prior to inspection of the work.
CONTRACT PROVISIONS • 1
7.11 Errors and Omissions - If the
Contractor, in the course of the work, finds
any error or omission in plans or in the
layout as given by the plans and the physi-
cal conditions of the locality, he shall
promptly notify the Engineer. Any work done
after such discovery, unless authorized in
writing, shall be done at the Contractor's
expense.
7.12 No Personal Liability - Neither the
Governing Body, City Engineer, nor any
other officer or authorized agent or assistant
of the City shall be personally responsible
for any liability arising under the contract.
7.13 Responsibility of City - The City shall not
be held responsible for the care or protection
of any material or parts of the work prior to
final acceptance, except as expressly
provided in these specifications or the
Special Provisions.
7.14 Right -of -Way - The right-of-way for the
work to be constructed shall be provided by
the City. The Contractor shall make his own
arrangements, and pay all expenses for
additional area required by him outside of
the limits of right-of-way, unless otherwise
provided in the Special Provisions.
Section 8 - Progress of work
8.01 Suspension of Contract - If at any time,
in the opinion of the City Engineer, the
Contractor has failed to supply adequate
and suitable equipment, work force, or
material, or has failed in any other respect
to prosecute the work with the diligence
specified and intended in and by the terms
of the contract, written notice thereof will be
served upon him. If he neglects or refuses to
comply with the contract, as directed by the
City Engineer, within the time specified in
such notice, the City may suspend operation
of the contract. Upon receiving notice of
suspension, the Contractor shall
discontinue said work, or such parts of it as
the City Engineer may designate. Upon
suspension, the Contractor's control shall
terminate, and the City may do all or any
combination of the following:
a. Engineer or his duly authorized representa-
tive may take possession of all or any part
of the Contractor's materials upon the
CONTRACT PROVISIONS • 2
premises; use same to complete the con-
tract; hire such forces, buy or rent machin-
ery, tools, appliances and equipment; and
buy such additional materials and supplies
as may be necessary for the proper conduct
of the work and completion thereof.
b. Employ other parties to carry the contract
to completion, employ the necessary work-
men, substitute other machinery or mate-
rials, and purchase the materials con-
tracted for, in such manner as the City may
deem proper.
c. The City Engineer may annul and cancel
the contract and relet the work or any part
thereof.
Any excess of cost arising therefrom over
and above the contract price will be
charged against the Contractor and his
sureties, who will be liable therefor. In the
event of suspension, all money due the
Contractor, or retained under the terms of
this contract, shall be forfeited toward any
excess of cost over the contract price, aris-
ing from the suspension and completion of
work by the City as above provided. The
Contractor will be credited with any sur-
plus remaining after all just claims for such
completion have been paid.
On the completion of the contract, the orig-
inal Contractor shall be entitled to the re-
turn of all his unused materials, and his
equipment, tools and appliances, except
that he shall have no claim on account of
usual and ordinary depreciation, loss, and
wear and tear.
The City Engineer's determination whether
there has been non-compliance with the
contract which warrants the suspension or
annulment thereof, shall be binding and
conclusive.
8.02 Temporary Suspension of Work - The
City Engineer shall have the authority to
suspend the work wholly or in part, for such
period as he may deem necessary, due to
unsuitable weather, or to such other
conditions as are considered unfavorable for
the suitable prosecution of the work, or for
such time as he may deem necessary for the
Contractor to correct portions of the work
which are faulty due to the failure on his
part to carry out orders given, or to perform
any provision of the contract. The
Contractor shall immediately comply with
the written order of the City Engineer to
suspend the work wholly or in part. The
suspended work shall be resumed when
conditions are favorable and methods cor-
rected, as ordered or approved in writing by
the City Engineer.
In the event that a suspension of work is
ordered, as provided above, by reason of the
failure of the Contractor to carry out orders
or to perform any provision of the contract;
or by reason of unsuitable weather
conditions when in the sole opinion of the
City Engineer any item or items of work
could have been performed prior to the
occurrence of such unsuitable weather
conditions had the Contractor diligently
prosecuted the work; the Contractor, at his
expense, shall do all the work necessary to
provide a safe, smooth, and unobstructed
passageway through construction for use by
public traffic during period of such sus-
pension, as provided in Section 12 of these
specifications and as specified in the Special
Provisions for the work. In the event that the
Contractor fails to perform the work above
specified, the City will perform such work
and the cost thereof will be deducted from
moneys due or to become due the
Contractor.
In the event that a suspension of work is
ordered by the City Engineer due to unsuit-
able weather conditions, and in the sole
opinion of the City Engineer, the Contractor
has prosecuted the work with energy and
diligence prior to the time that operations
were suspended, the cost of providing a
smooth and unobstructed passageway
through the work will be paid for as extra
work as provided in Section 7.05 of these
specifications, or at the option of the
Engineer, such work will be performed by
the City at no cost to the Contractor.
If the City Engineer orders a suspension of
all of the work or a portion of the work
which is the current controlling operation or
operations, due to unsuitable weather or to
such other conditions as are considered
unfavorable to the suitable prosecution of
the work, the days on which the suspension
is in effect shall not be considered working
days. If a portion of work at the time of such
suspension is not a current controlling
operation or operations, but subsequently
does become the current controlling
operation or operations, the determination of
working days will be made on the basis of
the then current controlling operation or
operations.
If a suspension of work is ordered by the
City Engineer, due to the failure on the part
of the Contractor to carry out orders given or
to perform any provision of the contract, the
days on which the suspension order is in
effect shall be considered working days if
such days are working days within the
meaning of the definition set forth in Section
5.04 "Time of Completion."
In the event of a suspension of work under
any of the conditions set forth in this
Section, such suspension of work shall not
relieve the Contractor of his responsibilities
as set forth in Section 12, "Responsibility to
the Public."
8.03 Utility and Non -Highway Facility Delays -
It is anticipated that some or all of the utility
and other non -highway facilities, both above
ground and below ground, that are required
to be rearranged (as used herein,
rearrangement includes installation,
relocation, alteration or removal) as part of
the highway improvements will be
rearranged in advance of construction op-
erations. Where it is not anticipated that
such rearrangement will be performed prior
to construction, or where the rearrangement
must be coordinated with the Contractor's
construction operations, the existing
facilities that are to be rearranged will be
indicated on the plans or in the Special
Provisions. Where a rearrangement is
indicated on the plans or in the Special
Provisions, the Contractor will have no
liability for the costs of performing the work
involved in such rearrangement.
The right is reserved to the City and the
owners of facilities, or their authorized
agents, to enter upon the highway right-of-
way for the purpose of making such changes
as are necessary for the rearrangement of
their facilities or for making necessary
connections or repairs to their properties.
The Contractor shall cooperate with forces
engaged in such work and shall conduct his
operations in such a manner as to avoid any
unnecessary delay or hindrance to the work
being performed by such other forces.
Wherever necessary, the work of the
Contractor shall be coordinated with the
rearrangement of utility or other non -
highway facilities, and the Contractor shall
make arrangements with the owner of such
facilities for the coordination of the work.
Any utility or other non -highway facility
necessary to be rearranged but not included
as a contract item of work shall be
rearranged by the Contractor when ordered
CONTRACT PROVISIONS 0 3
by the City Engineer in writing. Any such
work will be paid for as extra work.
Should the Contractor desire to have any
rearrangement made in any utility facility, or
other improvement, for his convenience in
order to facilitate his construction
operations, which rearrangement is in
addition to, or different from the rear-
rangements indicated on the plans or in the
Special Provisions, he shall make whatever
arrangements are necessary with the owners
of such utility or other non -highway facility
for such rearrangement and bear all
expenses in connection therewith.
Attention is directed to the possible exis-
tence of underground facilities not known to
the City or in a location different from that
which is shown on the plans or in the
Special Provisions. The Contractor shall take
steps to ascertain the exact location of all
underground facilities prior to doing work
that may damage such facilities or interfere
with their service.
Where it is determined by the City Engineer
that the rearrangement of an underground
facility, which is not shown on the plans or
in the Special Provisions, is essential in
order to accommodate the highway
improvement, the City Engineer will provide
for the rearrangement of such facility by
other forces or such rearrangement shall be
performed by the Contractor and will be
paid for as extra work.
Any delays to the Contractor's operations
solely because utility or other non -highway
facilities are not rearranged, as provided in
this Section, due to a strike or labor dispute,
will entitle the Contractor to an extension of
time as provided in Section 5.05 "Liquidated
Damages." The Contractor shall be entitled
to no compensation for such delay.
8.04 Contractor's Responsibility for the Work
and Materials - Until acceptance, the
Contractor shall have the charge and care of
the work and of the materials to be used
therein (including materials for which he
has received partial payment or materials
which have been furnished by the City) and
shall bear the risk of injury, loss, or damage
to any part thereof by the action of the
elements or from any other cause
whatsoever, except as provided in Section
8.05, "Relief from Maintenance and
Responsibility." The Contractor shall
rebuild, repair, restore, and make good all
CONTRACT PROVISIONS • 4
injuries, losses, or damages to any portion of
the work or the materials occasioned by any
cause before its completion and acceptance
and shall bear the expense thereof, except
for such injuries, losses or damages to any
portion of the work or the materials
occasioned by any cause before its comple-
tion and acceptance and shall bear the ex-
pense thereof, except for such injuries,
losses, or damages as are directly and
proximately caused by acts of the Federal
Government or the public enemy. Where
necessary to protect the work or materials
from damage, the Contractor shall, at his
expense, provide suitable drainage of the
roadway and erect such temporary struc-
tures as are necessary to protect the work or
materials from damage. The suspension of
the work from any cause whatever shall not
relieve the Contractor of his responsibility
for the work and materials as herein
specified. If ordered by the City Engineer,
the Contractor shall, at his expense, prop-
erly store materials which have been par-
tially paid for by the City or which have been
furnished by the City. Such storage by the
Contractor shall be on behalf of the City and
the City shall at all times be entitled to the
possession of such materials. The
Contractor shall promptly return the same
to the site of the work when requested. The
Contractor shall not dispose of any of the
stored materials unless authorized in writing
by the City Engineer.
8.05 Relief from Maintenance and
Responsibility - If the Contractor requests,
the City Engineer may relieve him of the
duty of maintaining and protecting certain
portions of the work as described below,
which have been completed in all respects in
accordance with the City Engineer.
Thereafter, except with his consent, the
Contractor will not be required to do further
work thereon. Such action by the City
Engineer will relieve the Contractor of
responsibility for injury or damage to the
completed portions of the work resulting
from use by public traffic, the action of the
elements, or any other cause, other than
injury or damage resulting from the
Contractor's own operations or his
negligence.
Portions of the work for which the
Contractor may be relieved of the duty of
maintenance and protection, as provided in
the above paragraph, include, but are not
limited to, the following:
a. The completion of one-quarter mile of
roadway, one-quarter mile of one
roadway of a divided highway, a
frontage road including the traveled
way.
b. Shoulders, drainage control facilities,
planned roadway protection work,
lighting and required traffic control
and access facilities appurtenant to
the work described in sub -paragraph
(1).
c. A bridge or other structure of major
importance.
d. A complete unit of a traffic control
signal system or of a highway lighting
system.
e. A complete unit of highway protection
work.
f. Required traffic control and access
facilities if the roadway or structure is
to be used by public traffic before
completion of the contract.
g. Non -highway facilities constructed for
other agencies.
Nothing in this Section providing for relief
from maintenance and responsibility will be
construed as relieving the Contractor of full
responsibility for correcting defective work
or materials discovered at any time before
the formal written acceptance of the entire
contract.
8.06 Property Rights in Materials - Nothing in
the contract shall be construed as vesting in
the Contractor any right of property in the
materials used after they have been
attached or affixed to the work or the soil, or
after payment has been made for 90 percent
of the value of materials delivered to the site
of the work, or stored subject to or under
the control of the City. All such materials
shall become the property of the City upon
being so attached or affixed or upon
payment of 90 percent of the value of
materials delivered to the site of the work, or
stored subject to or under the control of the
City.
8.07 Re-examination of Work - Re-exam-
ination of any work may be ordered by the
City Engineer, and, if so ordered, the work
must be uncovered by the Contractor. If
such work is found to be in accordance with
the contract documents, the City shall pay
the cost of the re-examination and
replacement. If such work does not comply
with the contract documents, the Contractor
shall pay the costs.
8.08 Removal of Defective and Unauthorized
Work - All work which has been rejected as
defective in its construction, or deficient in
any of the requirements of these
specifications, shall be remedied or removed
and replaced by the Contractor in an
acceptable manner. No compensation will be
allowed for such correction.
Any work done beyond the lines and grades
shown on the plans or established by the
City Engineer, and any extra work done
without order by the City Engineer, will be
considered as unauthorized and will not be
paid for. Work so done may be ordered
removed at the Contractor's expense.
If the Contractor fails to comply forthwith
with any order of the City Engineer made
under the provisions of these specifications,
the City Engineer shall have authority to
cause defective work to be remedied or
removed and replaced, and unauthorized
work to be removed, and to deduct the costs
thereof from any monies due or to become
due the Contractor.
SECTION 9 - MEASUREMENT AND PAYMENT
9.01 Measurement of Quantities
Measurements of the completed work shall
be in accordance with United States
Standard Measures and the units of mea-
surement for payment, and the limits
thereof, shall be as shown in the contract.
In determining quantities, all measurements
shall be made as constructed unless
otherwise specified.
Material paid for by the ton shall be weighed
on platform scales furnished by the
Contractor, or on public scales at the
expense of the Contractor. A ton shall con-
sist of 2,000 pounds avoirdupois. Weigh
tags shall be turned in to the City Inspector
on the job at the time weighted materials are
delivered. Scale sheets may be required by
the City Engineer at any time subsequent to
delivery of weighted material.
When material is to be measured and paid
for on a volume basis and it would be im-
practical to determine the volume, or if when
requested by the Contractor and approved
by the City Engineer, the material will be
weighed and converted to volume
measurement for payment purposes. Factors
CONTRACT PROVISIONS 0 5
for conversion from weight measurement to
volume measurement will be determined by
the City Engineer and shall be agreed to by
the Contractor before such method of
measurement will be adopted.
All expense incurred in conforming to the
above requirements for measuring the
weighing materials shall be as included in
the contract unit prices paid for the mate-
rials being measured or weighed. No addi-
tional allowance will be made therefor.
Quantities of material wasted or disposed of
in a manner not called for under the
contract, rejected loads of material, in-
cluding material rejected after it has been
placed by reason of the failure of the
Contractor to conform to the provisions of
the contract, material not unloaded from the
transporting vehicles, material placed
outside the lines indicated on the plans or
given by the City Engineer, or material
remaining on hand after completion of the
contract will not be paid for, and such
quantities will be deducted from the final
total quantities. No compensation will be
allowed for hauling rejected material.
9.02 Scope of Payment - The Contractor shall
accept the compensation, as herein
provided, as full payment for furnishing all
plant, 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, action of the
elements, unforeseen difficulties which may
be encountered during the prosecution of
the work, expenses incurred in consequence
of the suspension or discontinuance of the
work as herein specified, and for completing
the work according to plans and
specifications. Neither the payment of any
estimate nor retained percentage shall
relieve the Contractor of his obligation to
correct defective work or material.
9.03 Progress Payments - The City Engineer
will, once a month, on or about the 25th of
each month, make an inspection of the work
in progress and prepare an estimate of the
amount of work completed since the last
such inspection or start of work. Monthly
progress payments in the amount of 90
percent of the value of the work will be made
to the Contractor based on this estimate and
CONTRACT PROVISIONS • 6
the schedule of prices contained in the
accepted bid. The remaining 10 percent will
be retained by the City as partial security for
the fulfillment of the contract except that at
any time after fifty (50) percent of the work
has been completed, if the Engineer finds
that satisfactory progress is being made and
the projects critical path of work are on
schedule, the City may discontinue any
further retention. Such discontinuance will
only be made upon the written request of
the Contractor. The City may, at any time
the Engineer finds that satisfactory progress
is not being made, again institute retention
of ten (10) percent as specified above.
Payment will be made as soon as possible
after the preparation of the estimate.
No estimate or payment shall be made if, in
the judgment of the City Engineer, the work
is not proceeding in accordance with the
provisions of the contract, or when, in his
judgment, the total value of the work done
since the last estimate amounts to less than
$1,000. No progress payments will be made
if the time allotted for the job is 30 working
days or less.
Additionally, as a precondition to City's
progress payments hereunder, Contractor
shall provide to City, prior to payment,
unconditional waivers and releases of stop
notices pursuant to Civil Code §3262(d)(2)
from each Subcontractor and materials
supplier. The form of said waivers and
releases shall be as set forth in Civil Code
§3262(d)(2).
9.04 Payment of Withheld Funds - At the
request and expense of the Contractor,
securities may be substituted for funds
withheld by the City. Any such securities
shall be deposited in escrow with the City's
Finance Director or with a state or federally
chartered bank. The following conditions
shall apply to any such deposit of securities.
a. The eligible securities shall be those
listed in Section 16430 of the California
Code, bank, or savings and loan
certificates of deposit.
b. The Contractor shall bear the expense
of the City and the escrow agent, either
the City Finance Director or the bank,
in connection with the escrow deposit
made.
c. Securities or certificates of deposit to
be placed in escrow shall be subject to
approval of the City Finance Director
and unless otherwise permitted by the
escrow agreement, shall be of a value of
at least 110 percent of the amounts of
retention to be paid to the Contractor
pursuant to this section.
d. The Contractor shall enter into an
escrow agreement satisfactory to the
City Finance Director which agreement
shall contain as a minimum the
following provisions:
1. The amount of securities to be de-
posited.
2. The terms and conditions of
conversion to cash in case of default
by the Contractor.
3. The termination of the escrow upon
completion of the contract.
9.05 Final Payment After Completion of Work -
The City Engineer shall make a final
estimate of the amount of work done and
the value of such work. The City shall pay
this entire sum after deducting all previous
payments and all amounts to be retained
under the provisions of the contract. All
prior partial estimates and payments shall
be subject to correction in the final estimate
and payment. The final payment shall not be
due and payable until 35 days after the
recording of the Notice of Completion.
Additionally, as a precondition to City's final
payment hereunder, Contractor shall
provide to City, prior to payment,
unconditional waivers and releases of stop
notices pursuant to Civil Code §3262(d)(4)
from each Subcontractor and materials
supplier. The form of said waivers and
releases shall be as set forth in Civil Code
§3262(d)(4).
9.06 Force Account Payment - Extra work as
hereinbefore defined, when ordered and
accepted, shall be paid for under a written
work order in accordance with the terms
therein provided. Payment for extra work
will be made at the unit price or lump sum
previously agreed upon by the Contractor
and the City Engineer, or by force account.
When payment is made on a force account
basis the amount shall be determined in
accordance with Sections 9-1.03 through 9-
1.03D of the State Specifications.
CONTRACT PROVISIONS • 7
GENERAL PROVISIONS
SECTION 10 - CONTROL OF THE WORK
10.01 Authority of the City Engineer and
Engineer - The City Engineer shall decide
all questions concerning quality or ac-
ceptability of materials furnished and work
performed, manner of performance, rate of
progress, interpretation of plans and
specifications, compensation for work per-
formed and all questions as to the accept-
able fulfillment of the contract by the
Contractor. The City Engineer's decision
shall be final, and he shall have authority
to enforce and effectuate such decisions
and orders as the Contractor fails to carry
our promptly.
On all work where a private Engineer has
furnished the design or been designated
Engineer of Work by the owner, his ap-
proval of proposed changes, materials,
quality of work, manner of performance,
rate of progress, and interpretation of plans
and specifications shall be sought and ob-
tained in addition to the approvals granted
by the City Engineer.
10.02 Plans - All authorized alterations
which affect the requirements and infor-
mation given on the approved plans shall
be in writing. No changes shall be made to
any plan or drawing after it has been ap-
proved by the City Engineer, except by his
written consent. Working drawings or plans
for any structure not included in the plans
furnished by the Engineer must be
approved by the City Engineer before any
work involving these plans is performed.
The approval of any drawing or method of
work proposed by the Contractor shall not
relieve him of his responsibility for errors
therein and shall not be regarded as as-
sumption of risk or liability by the City or
officer or employee thereof. The Contractor
shall have no claim under the contract due
to failure, partial failure, or inefficiency of
any plan or method so approved. Such ap-
proval shall be construed only to mean that
the City Engineer has no objection to the
Contractor's using, upon his own full re-
sponsibility, the plan or method proposed.
A complete and up-to-date set of approved
plans and specifications shall be kept at
the job site at all times work is in progress.
10.03 Suggestions to Contractor - Any plan
or method for work suggested by the City
Engineer to the Contractor, but not
specified or required, if adopted or followed
by the Contractor in whole or in part, shall
be used at the risk and responsibility of the
Contractor. Neither the City Engineer nor
the City shall assume any responsibility
therefor.
10.04 Conformity with Plans and Allowable
Deviation - Finished surfaces in all cases
shall conform with the lines, grades, cross
sections, and dimensions shown on the
approved plans. Deviations from the
approved plans, as may be required by the
exigencies of construction, will be
determined, in all cases, by the City
Engineer.
10.05 Interpretation of Plans and
Specifications - If it appears that the work
to be done, or any matter relative thereto, is
not sufficiently detailed or explained in the
specifications and plans, the Contractor
shall apply to the City Engineer for further
explanations as necessary, and shall con-
form to such explanation or interpretations
as part of the contract. In the event of a
discrepancy between scaled dimensions
and written figures, the figures shall be
taken as correct.
10.06 Superintendence - Before initial work
is begun, the Contractor and his foreman
shall file with the City Engineer addresses
and telephone numbers where they can be
reached during working and non -working
hours.
The Contractor shall be on the work con-
stantly during its progress or shall be rep-
resented by a superintendent or foreman
who is competent to receive and carry out
any instructions that may be given him by
the proper authorities. The Contractor will
be held liable for faithful observance of any
instructions which may be delivered to him
or his representative, on the work or at the
addresses or telephone numbers filed as re-
quired by the preceding paragraph.
10.07 Character of Workmen - If any sub-
contractor or person employed by the
Contractor fails or refuses to carry out the
directions of the City Engineer or appears
to the City Engineer to be incompetent or
acts in a disorderly or improper manner, he
shall be discharged immediately on demand
by the City Engineer, and such person shall
not again be employed on the work.
GENERAL PROVISIONS 0 1
10.08 Lines and Grades - Lines and grades
for the work will be given by the Engineer
or City Engineer. All distances and
measurements are given and will be made
in a horizontal plane, unless otherwise
provided. Grades are given from top of
stakes or nails, or other points set by the
Engineer or City Engineer.
Three consecutive points shown on the
same rate of slope must be used together,
in order to detect any variation from a
straight grade. In case any such variation is
found, it must be reported to the Engineer
or City Engineer. If such a variation is not
reported the Contractor shall be
responsible for any error in the finished
work.
The Contractor shall give at least 2 working
days' notice when he will require the ser-
vices of the City Engineer for laying out any
portion of the work.
10.09 Preservation of Stakes - The
Contractor shall take every reasonable pre-
caution to preserve survey stakes, used for
alignment of grade, to facilitate checking by
the City Engineer. Stakes unnecessarily
disturbed shall be re -set by the Engineer or
City Engineer at the Contractor's expense
or by the owner's Engineer. In case of
disputed grades, it shall be assumed that
any lost or disturbed stake was set at the
proper grade and alignment was properly
marked.
10.10 Inspection - The City Engineer shall
have access to the work at all times during
construction, and shall be furnished with
every reasonable facility to determine the
progress, workmanship, and character of
materials used and employed in the work.
The Contractor shall give the City Engineer
notice of the time when he or his subcon-
tractor will start the various units or opera-
tions of the work, or resume said units or
operations when properly suspended.
Notice shall be given at least 1 working day
in advance of the starting or resumption
time. Any work performed by the
Contractor or his subcontractors outside
the scope of the notice shall be removed if
so ordered by the City Engineer, or his rep-
resentative on the work.
10.11 Right of Access to Street - The right is
reserved to the City, street, railroads,
GENERAL PROVISIONS 0 2
water, sewer, gas, electric, telephone, T.V.
and telegraph companies to enter upon the
street for the purpose of making repairs,
changes and new installations necessitated
by the improvement thereof, or for neces-
sary maintenance.
Making of repairs, changes and new instal-
lations necessitated by the improvement
causing delays to the Contractor shall be
approved by the City Engineer. The City
Engineer and Contractor shall agree upon
any time delay or monetary damage in
writing as a supplemental agreement.
10.12 Placing Portions of Work in Service - If
requested by the City, portions of the work,
as completed, shall be placed in service.
The Contractor shall give proper access to
the work for this purpose. Such use and
operation shall not constitute an
acceptance of the work, and the Contractor
shall be liable for defects due to faulty
construction until the entire work under
the contract is finally accepted.
10.13 Extent of Trench Opened Up - In
existing roadways, no more than 500 feet of
trench shall be open at any given time. An
open trench is a trench which has not been
completely backfilled, satisfactorily
compacted, and in paved areas, capped
with at least 1 inch of temporary paving.
This requirement may be modified only
upon written permission from the City
Engineer, unless otherwise specified in the
Special Provisions.
10.14 Restoration of Injured Property - The
Contractor shall restore all injured
property, including curbs, gutters, pave-
ments, sidewalks, pipes, conduits, sewers,
and other public and/or private property to
a condition as good as, or better than, it
was when he entered upon the work.
10.15 Monuments - The Contractor shall not
disturb any survey monument until the
monument rivet, disc, or reference mark
therein has been "tied out" by a field survey
party of the City. The Contractor shall sal-
vage and deliver to the City, all monument
castings removed during the progress of the
work. The City will, at its expense, do the
necessary surveying and reconstruct all
City Survey monuments necessarilv dis-
turbed by the Contractor's operations. In
the event that the Contractor disturbs any
City survey monument before same has
been "tied out" by the City or unnecessarilv
disturbs any City survey monument during
construction operations, the City will reset
such monuments at the expense of the
Contractor.
10.16 Stop Work Order - Whenever work is
proceeding contrary to plans or specifica-
tions, or in violation of applicable ordi-
nances or laws, or in such way as to endan-
ger life or property, the City Engineer may
order the work stopped by notice in writing
served on any persons engaged in doing or
causing such work to be done, and such
persons shall forthwith stop such work
until authorized to proceed by the City
Engineer.
10.17 Final Inspection - Whenever the work
provided and contemplated by the contract
shall have been completed and the final
cleaning up performed, the City Engineer
will make the final or completion
inspection.
SECTION 11 - CONTROL OF MATERIAL
11.01 Source of Materials - Prior to
commencement of any work, the Contractor
shall submit to the City Engineer, a list of
the suppliers or sources of all materials to
be incorporated in the work. This list shall
be approved by the City Engineer before
any of the materials are brought to the job
site.
Notwithstanding any prior inspection or
approval, only materials conforming to the
requirements of these specifications and
the Special Provisions shall be incorporated
in the work. The materials furnished and
used shall be new, except as may specif-
ically be provided on the plans or in the
Special Provisions. The materials shall be
manufactured, handled, and used in a
workmanlike manner to insure completed
work in accordance with the plans and
specifications.
11.02 Samples and Tests - Submittal of
representative preliminary samples of ma-
terials to be used in the work may be re-
quired by the City Engineer if specified in
the special provisions.
All tests of materials furnished or work
done by the Contractor shall be made, in
accordance with the methods in use by the
laboratory of Caltrans or by commonly
recognized standards of national organiza-
tions, and such special methods and tests
as are prescribed in these specifications.
Whenever a reference is made in the
specifications to a test method, it shall
mean the test method in effect on the day
the City adopted or approved the plans and
specifications for the work unless
specifically referred to by edition, volume or
date. Materials may be tested at any time
during the progress of the work, and
defective materials will be rejected.
11.03 City Furnished Materials - Materials
furnished by the City will be made available
at locations designated in the Special
Provisions. The cost of handling and
placing City furnished materials shall be
considered as included in the price paid for
the contract item involving such materials.
The Contractor will be held responsible for
all materials furnished to him, and he shall
pay all demurrage and storage charges.
City furnished materials lost or damaged by
the Contractor shall be replaced by the
Contractor. The Contractor will be liable to
the City for the cost of replacing City -
furnished material and such costs may be
back -charged to the Contractor or deducted
from any monies due or to become due.
11.04 Storage of Materials - Materials shall
be stored in a manner which will insure the
preservation of their quality and fitness for
the work. When considered necessary by
the City Engineer, materials shall be placed
on platforms or other hard, clean surfaces
and covered when directed. Materials shall
be stored so as to facilitate inspection.
No materials, or other obstructions, shall
be placed within 15 feet of, nor obstruct ac-
cess to, fire hydrants, nor within 5 feet of
United States mailboxes.
11.05 Defective Materials - All materials
which do not conform to the requirements
of these specifications shall be considered
as defective, and such materials, whether
in place or not, shall be rejected and
immediately be removed from the site of the
work, unless otherwise permitted by the
City Engineer. No rejected material, the
defects of which have been subsequently
corrected, shall be used until approved by
the City Engineer.
GENERAL PROVISIONS 0 3
If the Contractor fails to comply with any
order made under the provisions of this ar-
ticle, the City Engineer shall have authority
to remove and replace the defective ma-
terial, to charge the Contractor, or to
deduct the cost of removal and replacement
from any monies due or to become due.
11.06 Trade Names, Alternatives and
Substitutions - For convenience in desig-
nation on the plans or in the specifications,
certain articles or materials to be incorpo-
rated in the work may be designated under
a trade name or the name of a
manufacturer and his catalog information.
Such designation shall, in accordance with
Govt. Code Section 4380, be deemed
followed by the words "or equal." The use of
an alternative article or material which is of
equal quality and of the required
characteristics for the purpose intended
will be permitted, subject to the following
requirements:
A. The burden of proof as to the quality
and suitability of alternatives shall be
upon the Contractor. He shall furnish
all necessary information as required
by the Engineer or City Engineer.
B. The City Engineer shall be the sole
judge as to the quality and suitability
of alternative articles or materials and
his decision shall be final.
C. Requests for substitution of
equivalent materials or articles shall
be submitted to the City Engineer in
writing along with the required
supplementary data within 7 days
following award of the contract or as
specified in the Special Provisions.
11.07 Substitutions - The Contractor shall
furnish such information, test data,
samples or references requested by the City
Engineer so that an accurate appraisal of
any proposed substitution can be made.
Approval of substitutes will be in writing.
11.08 Certificates of Compliance - A
Certificate of Compliance shall be furnished
prior to the use of any materials for which
these specifications or the Special
Provisions require that such a certificate be
furnished. In addition, when so authorized
in these specifications or in the Special
GENERAL PROVISIONS 0 4
Provisions, the Engineer may permit the
use of certain materials or assemblies prior
to sampling and testing if accompanied by
a Certificate of Compliance. The certificate
shall be signed by the manufacturer of the
material or the manufacturer of assembled
materials and shall state that the materials
involved comply in all respects with the re-
quirements of the specifications. A
Certificate of Compliance shall be furnished
with each lot of material delivered to the
work and the lot so certified shall be clearly
identified in the certificate.
All materials used on the basis of a
Certificate of Compliance may be sampled
and tested at any time. The fact that mate-
rial is used on the basis of a Certificate of
Compliance shall not relieve the Contractor
of responsibility for incorporating material
in the work which conforms to the
requirements of the plans and
specifications and any such material not
conforming to such requirements will be
subject to rejection whether in place or not.
The City reserves the right to refuse to per-
mit the use of material on the basis of a
Certificate of Compliance.
The form of the Certificate of Compliance
and its disposition shall be as directed by
the Engineer.
SECTION 12 - RESPONSIBILITIES TO THE
PUBLIC
12.01 Laws to be Observed - The Contractor
shall keep himself fully informed of all State
and Federal laws and County and
Municipal ordinances and regulations
which, in any manner, affect those engaged
or employed in the work, the materials
used in the work, the conduct of the work,
and of all such orders and decrees of bodies
or tribunals having any jurisdiction or
authority over the same. He shall at all
times observe and comply with, and shall
cause all his agents and employees to ob-
serve and comply with all such existing and
future laws, ordinances, regulations, or-
ders, and decrees of bodies or tribunals
having any jurisdiction or authority over
the work; and shall protect and indemnify
the City, and all officers and employees
thereof connected with the work, including
but not limited to the City Engineer against
any claim or liability arising from or based
on the violation of any such law, ordinance,
regulation, order, or decree, whether by
himself or his employees. If any discrep-
ancy or inconsistency is discovered in the
plans, drawings, specifications, or contract
for the work in relation to any such law,
ordinance, regulation, order or decree the
Contractor shall forthwith report the same
to the City Engineer.
A) General Prevailing Wage Rates
Reference is made to the list of
General Prevailing Wage Rates set
forth by the Director of Industrial
Relations, State of California,
pursuant to the California Labor
Code. Copies of said Wage Rates
are on file in the Public Works
Department of the City of San
Rafael, City Hall, Room 300, San
Rafael, California, and are available
to any interestedparty upon
request. Contractor shall post a
copy of the General Prevailing Wage
Rates, which are a part of this
Contract, on each job site as
required by the California Labor
Code.
Certified copies of Contractor's
payroll shall be provided owner
upon request.
B) Fair Employment Practices
Provisions
In connection with the performance
of work under this contract, the
Contractor agrees as follows:
(1)The Contractor will not willfully
discriminate against any employee
or applicant for employment
because of race, color, religion,
ancestry, or national origin. The
Contractor will take affirmative
action to ensure that applicants are
employed, and that employees are
treated during employment,
without regard to their race, color,
religion, ancestry, or national
origin. Such action shall include,
but not be limited to, the following:
employment, upgrading, demotion
or transfer; recruitment or
recruitment advertising; layoff or
termination; rates of pay or other
forms of compensation; and
selection for training, including
apprenticeship. The Contractor
agrees to post in conspicuous
places, available to employees and
applicants for employment, notices
to be provided by the awarding
authority setting forth the
provisions of this Fair Employment
Practices section.
(2) The Contractor will send to each
labor union or rep-resentative of
workers with which lie has a
collective bargaining agreement or
other contract or understanding, a
notice, to be provided by the
awarding authority, advising the
said labor union or workers'
representative of the Contractor's
commitments under this section,
and shall post copies of the notice
in conspicuous places available to
employees and applicants for
employment.
(3) The Contractor will permit access
to his records of employment,
employment advertisements,
application forms, and other
pertinent data and records by the
Fair Employment Practices
Commission, the awarding
authority or any other appropriate
agency of the State of California
designated by the awarding
authority, for the purposes of
investigation to ascertain
compliance with the Fair
Employment Practices section of
this contract.
(4) finding of willful violation of the
Fair Employment Practices section
of this contract or of the Fair
Employment Practices Act shall be
regarded by the awarding authority
as a basis for determining the
Contractor to be not a "responsible
bidder" as to future contracts for
which such Contractor may submit
bids, for revoking the Contractor's
prequalification rating, if any, and
for refusing to establish, re-
establish or renew a
prequalification rating for the
Contractor. The awarding
authority shall deem a finding of
willful violation of the Fair
Employment Practices Act to have
occurred upon receipt of written
GENERAL PROVISIONS • 5
notice from the Fair Employment not permitted by the National Labor
Practices Commission that it has Relations Act.
investigated and determined that
the Contractor has violated the Fair (7) Prior to the award of the contract,
Employment Practices' Act and has the Contractor shall certify to the
issued an order under Labor Code awarding authority that he has or
Section 1426 or obtained an will meet the following standards
injunction under Labor Code for affirmative compliance, which
Section 1429. shall be evaluated in each case by
the awarding authority:
Upon receipt of such written notice
from the Fair Employment
Practices Commission, the
awarding authority shall notify the
Contractor that unless he
demonstrates to the satisfaction of
the awarding authority within a
stated period that the violation has
been corrected, his prequalification
rating will be revoked at the
expiration of such period.
(5) The Contractor agrees that should
the awarding authority determine
that the Contractor has not
complied with the Fair Employment
Practices section of this contract,
then pursuant to Labor Code
Sections 1735 and 1775, the
Contractor shall, as a penalty to
the awarding authority, forfeit, for
each calendar day, or portion
thereof, $_ for each person who
was denied employment as a result
of such non-compliance, the
penalties provided in the Labor
Code for violation of pre-vailing
wage rates. Such monies may be
recovered from the Contractor. The
awarding authority may deduct any
such damages from any monies
due the Contractor.
(6) Nothing contained in this Fair
Employment Practices section shall be
construed in any manner or fashion so
as to prevent the awarding authority
from pursuing any other remedies that
may be available at law.
Nothing contained in this Fair
Employment Practices section shall be
construed in any manner or fashion so
as to require or permit the hiring of
aliens on public works, as prohibited
by the provisions of Section 1850 of the
California Labor Code, or an employee
GENERAL PROVISIONS 9 6
(a) The Contractor shall provide
evidence, as required by the awarding
authority, that he has notified all
supervisors, foremen and other
personnel officers in writing of the
content of the anti -discrimination
clause and their responsibilities under
it.
(b) The Contractor shall provide
evidence, as required by the awarding
authority, that he has notified all
sources of employee referrals (including
unions, employment agencies,
advertisements, Department of
Employment) of the content of the anti-
discrimination clause.
(c) The Contractor shall file a basic
compliance report, as required by the
awarding authority. Willfully false
state-ments made in such reports shall
be punishable as provided by law. The
compliance report shall also spell out
the sources of the work force and who
has the responsibility for determining
whom to hire, or whether or not to hire.
(d) Personally, or through his
representatives, the Contractor shall,
through negotiations with the unions
with whom he has agreements, attempt
to develop an agreement which will:
• Spell out responsibilities for non-
discriminationin hiring, referral,
upgrading and training.
Otherwise implement an
affirmative anti -discrimination
program in terms of the unions'
specific areas of skill and
geography, to the end that
qualified minority workers will be
available and given an equal
opportunity for employment.
• The Contractor shall notify the
contracting agency of opposition
to the anti -discrimination clause
by individuals, firms or
organizations during the period
of its prequalification.
(8)The Contractor will include the
provisions of the foregoing
paragraphs 1 through 7 in every
first tier subcontract so that such
provisions will be binding upon
each such subcontractor.
(9)The form of certificate required
herein is illustrated on the page
immediately following the signature
page of the proposal. This
certification must be executed prior
to award of the contract or, for
convenience, may be executed on
the form provided at the time of
submitting the proposal.
12.02 Vehicle Code - Pursuant to the au-
thority contained in Vehicle Code Section
591, the City has determined that within
such areas as are within the limits of the
project and are open to public traffic, the
following requirements of the Vehicle Code
will apply. The lighting requirements in
Section 25803; the brake requirements in
Chapter 3, Division 12; the splash apron
requirements in Section 27600; and, when
operated on completed or existing treated
base, surfacing, pavement or structures ex-
cept as otherwise provided in Section 12.05
Weight Limitations, the weight limitation
requirements contained in Division 15.
Attention is directed to the statement in
said Section 591 that this section shall not
relieve him or any person from the duty of
exercising due care. The Contractor shall
take all necessary precautions for safe op-
eration of his equipment and the protection
of the public from injury and damage from
such equipment.
Any other requirements set forth in
Division 11, 12, 13, 14 and 15 of the
Vehicle Code which the City, pursuant to
the Authority contained in Vehicle Code
Section 591, will require compliance with,
will be set forth in Special Provisions.
12.03 Air Pollution - The Contractor's at-
tention is directed to Regulations of the Bay
Area Air Pollution Control District regarding
disposal of debris or other materials, not
used in the work including any air pollution
control rules, regulations, ordinances and
status, specified in Section 11017 of the
Government Code.
Section 12.04 Storm Water Pollution
Prevention - The intent of these provisions
is to enforce federal, state, and other local
agencies regulations designed to eliminate
storm water pollution. Storm drains
discharge directly to creeks and the Bay
without treatment. Storm water pollution
due to construction operations shall be
controlled by keeping pollution out of storm
drain systems, reducing the exposure and
discharge of materials and wastes to storm
water, and by reducing erosion and
sedimentation.
In this section, the term "storm drain
system" shall refer to any storm water
conduits, storm drain inlets and other
storm drain structures, street gutters,
channels, watercourses, creeks, lakes and
the San Francisco Bay.
A) Material Storage. In addition to the
provisions specified in section 11.04, the
Contractor shall comply with the
following practices for materials storage:
The Contractor shall propose designated
areas of the project site, for approval by
the Engineer, suitable for material
delivery, storage, and waste collection
that, to the maximum extent practicable,
are near construction entrances and at
least 10' away from catch basins,
gutters, drainage courses, and creeks.
During wet weather or when rain is
forecast within 72 hours, the Contractor
shall store materials that can
contaminate rainwater or be transported
by storm water or other runoff to the
storm drain system inside a building or
cover them with a tarp or other
waterproof material secured in a manner
that would prevent any of the materials
from contacting the rainwater.
The storage and disposal of all
hazardous materials such as paints,
thinners, solvents, and fuels; and all
hazardous wastes such as waste oil,
must meet all federal, state, and local
standards and requirements.
GENERAL PROVISIONS 0 7
B) Street Sweeping. At the end of each
working day or as directed by the
Engineer, the Contractor shall clean and
sweep roadways and on-site paved areas
of all materials attributed to or involved
in the work. The Contractor shall not
use water to flush down streets in place
of street sweeping.
C) Hazardous/Waste Management. The
storage and disposal of all hazardous
materials, such as pesticides, paints,
thinners, solvents, and fuels; and all
hazardous wastes, such as waste oil and
antifreeze; shall comply with all federal,
state, and local standards and
requirements. When rain is forecast
within 72 hours or during wet weather,
the Engineer may prevent the Contractor
from applying chemicals in the outside
areas.
D) Spill Prevention and Control. The
Contractor shall take any and all
precautions to prevent accidental spills
during the work under this contract. The
Contractor shall keep a stockpile of spill
cleanup materials such as rags or
absorbents, readily accessible on-site.
In the event of a spill, the Contractor
shall immediately contain and prevent
leaks and spills from entering the storm
drain system, and properly clean up and
dispose of the waste and clean up
materials. If the waste is hazardous, the
Contractor shall comply with all federal,
state and local hazardous waste
requirements.
The Contractor shall not wash any
spilled material into the streets, gutters,
storm drains, or creeks.
E) De -watering Operations. All
groundwater removed from the trench
must be de -silted prior to discharging it
into the storm drain system through
filtering materials methods meeting the
Association of Bay Area Governments
(ABAG) Standards For Erosion &
Sediment Control Measures and/or
through methods and procedures
described in the California Storm Water
Best Management Practice Handbook -
Construction Activity (latest edition).
GENERAL PROVISIONS 0 8
The Contractor shall reuse the water for
other needs, such as dust control and
irrigation, to the maximum extent
practicable. The rinse water shall be
permitted to infiltrate in dirt area or
shall be discharged to the sanitary
sewer.
F) Pavement Saw -cutting Operations.
The Contractor shall prevent any saw -
cutting debris from entering the storm
drain system. The Contractor,
preferably, shall use dry cutting
techniques and sweep up residue. If wet
methods are used, the Contractor shall
vacuum slurry as cutting proceeds or
collect all waste water by constructing a
sandbag sediment barrier. The bermed
area shall be of adequate size to collect
all waste water and solids. The
Contractor shall allow collected water to
evaporate if the waste water volume is
minimal and if maintaining the ponding
area does not interfere with public use of
the street area or create a safety hazard.
If approved by the Engineer, the
Contractor may direct or pump saw -
cutting waste water to a dirt area and
allow to infiltrate. The dirt area shall be
adequate to contain all the waste water.
After waste water has infiltrated, all
remaining sawcutting residue must be
removed and disposed of properly. With
the approval of the Engineer, de -silted
water may be pumped to the sanitary
sewer to assist in the evaporation or
infiltration process. Remaining silt and
debris from the ponding or bermed area
shall be removed or vacuumed and
disposed of properly. If a suitable dirt
area is not available or discharge to the
sanitary sewer is not feasible, with the
approval of the Engineer, the Contractor
shall filter the saw -cutting waste water
through filtering materials and methods
meeting ABAG Standards for Erosion
and Sedimentation Control Measures
(latest edition) before discharging to the
storm drain.
G) Pavement Operations. The
Contractor shall prevent the discharge of
pollutants from paving operations by
using measures to prevent run-on and
runoff pollution, properly disposing of
wastes, and by implementing the
following practices:
No paving during wet weather.
Proper Material Storage (refer to
previous section).
Cover inlets and manholes when
applying asphalt, seal coat, tack coat,
slurry seal, or fog seal.
Place drip pans or absorbent materials
under paving equipment when not in
use. During wet weather, store
contaminated paving equipment indoors
or cover with tarp or other waterproof
covering.
If paving involves portland cement
concrete, refer to (next section)
H) Concrete Operations. The Contractor
shall prevent the discharge of pollutants
from concrete operations by properly
disposing of wastes, and by
implementing the following practices:
Store all materials in waterproof
containers or under cover away from
drain inlets or drainage areas.
Avoid mixing excess amounts of portland
cement material.
Do not wash out concrete trucks into
storm drains, open ditches, streets,
streams etc. Whenever possible,
perform washout of concrete trucks off
site where discharge is controlled and
not permitted to discharge into the
storm drain system. For on site
washout, locate washout area at least 50
feet from storm drains, open ditches or
other water bodies, preferably in a dirt
area. Control runoff from this area by
constructing a temporary pit or bermed
area large enough for the liquid and
solid waste.
Wash out concrete wastes into the
temporary pit where the concrete can
set, be broken up and then disposed of
properly. If the volume of water is
greater than what will allow concrete to
set, allow the wash water to infiltrate
and/or evaporate, if possible.
Otherwise, allow water to settle, filter it
and then pump to the sanitary sewer
with approval of the Engineer. Remove
or vacuum the remaining silt and debris
from the pond or bermed area and
dispose of it properly.
Dispose of waste water from washing of
exposed aggregate to dirt area. The dirt
area shall be adequate to contain all the
waste water and once the waste water
has infiltrated, any remaining residue
must be removed. If a suitable dirt area
is not available, then the Contractor
shall filter the wash water through straw
bales or other filtering materials meeting
ABAG Standards For Erosion and
Sediment Control Measures before
discharging to the sanitary sewer with
approval from the Engineer.
Collect and return sweepings from
exposed aggregate concrete to a
stockpile or dispose of the waste in trash
container.
1) Grading and Excavation Operations.
The Contractor shall implement
sedimentation and erosion control
measures to prevent sediments or
excavated material from entering the
storm drain system.
The erosion and sedimentation control
materials and methods shall be in
accordance with ABAG Standards for
Erosion and Sediment Control Measures
and/or the procedures and methods
described in the California Storm Water
Best Management Practice Handbook -
Construction Activity (latest edition).
J) Vehicle/Equipment Cleaning. The
Contractor shall not perform vehicle or
equipment cleaning on site or in the
street using soaps, solvents, degreasers,
steam cleaning equipment, or equivalent
methods. The Contractor shall perform
vehicle or equipment cleaning, with
water only, in a designated, bermed area
that will not allow rinse water to run off-
site or into the storm drain system.
The Contractor shall dispose of wash
water from the cleaning of water base
paint equipment and tools to the
sanitary sewer.
GENERAL PROVISIONS • 9
If using oil based paint, to the maximum
extent practicable, the Contractor shall
filter the paint thinner and solvents for
reuse and dispose of the waste thinner
and solvent, and sludge from cleaning of
equipment and tools as hazardous
waste.
K) Vehicle/Equipment Maintenance and
Fueling. The Contractor shall perform
maintenance and fueling of vehicles or
equipment in a designated, bermed area
or over a drip pan that will not allow
run-on of storm water or runoff of spills.
The Contractor shall use secondary
containment, such as a drip pan, to
catch leaks or spills any time that
vehicle or equipment fluids are
dispensed, changed, or poured. The
Contractor shall clean up leaks and
spills of vehicle or equipment fluids
immediately and dispose of the waste
and cleanup materials as hazardous
waste.
The Contractor shall inspect vehicles
and equipment arriving on-site for
leaking fluids and shall promptly repair
leaking vehicles and equipment. Drip
pans shall be used to catch leaks until
repairs are made. The Contractor shall
recycle waste oil and antifreeze, to the
maximum extent practicable. The
Contractor shall comply with Federal,
State and other local agencies for
aboveground storage tanks.
L) Contractor Training and Awareness.
The Contractor shall train all
employees/ subcontractors on the water
pollution prevention requirements
contained in these provisions. The
Contractor shall inform all
subcontractors of the water pollution
prevention contract requirements and
include appropriate subcontract
provisions to ensure that these
requirements are met.
The Contractor shall paint new catch
basins, constructed as part of the
project, with "No Dumping Drains To
The Bay".
The Contractor shall conform to the
requirements of Chapter 9.30 of the
GENERAL PROVISIONS • 10
Municipal Code which regulates urban run-
off pollution.
Full compensation for conforming to the
provisions herein specified shall be
considered as included in the prices paid
for the contract items of work involved in
compliance with said provisions and no
additional compensation will be allowed
therefor unless specified as part of a
contract item for implementation of a Storm
Water Pollution Prevention Plan (SWPPP).
12.05 Weight Limitations - Unless expressly
permitted in the Special Provisions,
construction equipment or vehicles of any
kind which, laden or unladen, exceed the
maximum weight limitations set forth in
Division 15 of the Vehicle Code, shall not
be operated over completed or existing
treated base, surfacing, pavement or
structures in any areas within the limits of
the project, whether or not such area is
subject to weight limitations under Section
12.02, "Vehicle Code," except as hereinafter
provided in this section 12.05.
Within the limits of the project, subject
to the control of the City Engineer,
provided that the Contractor, at his
expense, provides such protective
measures as are deemed necessary by
the City Engineer and repairs any
damage caused by such operations, the
Contractor will be permitted to:
A. Make transverse crossings of
portions of an existing public road
or street which are within the
highway right-of-way, with con-
struction equipment which exceeds
the size or weight limitations set
forth in Division 15 of the Vehicle
Code.
B. Make transverse crossings of
treated bases, surfacing or
pavement, which are under
construction or have been
completed, with construction
equipment which exceeds the size
or weight limitations set forth in
Division 15 of the Vehicle Code.
C. Cross bridge structures that are
not open to public traffic, designed
for H2O and alternative live loading
(culverts and pipes excluded), with
construction equipment which
exceeds the size of weight
limitations set forth in Division 15
of the Vehicle Code.
12.06 Permits and Licenses - The Contractor
shall procure all permits and licenses, pay
all charges and fees, and give all notices
necessary and incident to the due and
lawful prosecution of the work.
A City Business License must be obtained.
12.07 Safety Provisions - The Contractor
shall conform to the safety rules and regu-
lations established by the California
Division of Industrial Safety and OSHA.
12.08 Use of Explosives - When the use of
explosives is necessary for the prosecution
of the work, the Contractor shall not
endanger life or property. Only competent
reliable men, working under experienced
supervision shall be permitted to use explo-
sives. In advance of any blasting work, the
Contractor shall obtain all necessary per-
mits and clearances and shall comply with
all Federal, State and local laws regulating
the use of explosives. Any requirements
imposed by ordinance or permit to the con-
trary notwithstanding, the Contractor shall
blast only between the hours of 8:00 a.m.
and 5:00 p.m. Blasting at any other time,
or on Sundays and holidays is specifically
prohibited.
12.09 Preservation of Property - Due care
shall be exercised to avoid injury to existing
highway improvements or facilities, utility
facilities, adjacent property, and roadside
trees, shrubs, and other plants that are not
to be removed.
Roadside trees, shrubs, and other plants
that are not to be removed, and pole lines,
fences, signs, markers and monuments,
buildings and structures, under or above
ground, all highway facilities, and any other
improvements or facilities within or
adjacent to the highway shall be protected
from injury or damage. If ordered by the
City Engineer, the Contractor shall provide
and install suitable safeguards, approved
by the City Engineer, to protect such
objects from injury or damage. If such
objects are injured or damaged by the
Contractor's operations, they shall be
replaced or restored at the Contractor's
expense. The facilities shall be replaced or
restored to a condition as good as when the
Contractor entered upon the work, or as
good as required by specifications
accompanying the contract, if any such
objects are a part of the work being
performed under the contract. The City
Engineer may make or cause to be made
temporary repairs required to restore any
damaged highway facility to service. The
cost of such repairs shall be borne by the
Contractor and may be deducted from any
monies due or to become due to the
Contractor under the contract.
See Section 13 for underground utilities,
sewer, water and storm conduits.
Full compensation for furnishing all labor,
materials, tools, equipment, and inciden-
tals, and for doing all the work involved in
protecting or repairing property as specified
in this Section 12.09, shall be considered
as included in the prices paid for the
various contract items of work and no addi-
tional compensation will be allowed there-
for.
12.10 Responsibility for Damage - The City
and all officers and employees thereof
connected with the work shall not be an-
swerable or accountable in any manner: for
any loss or damage that may happen to the
work or any part thereof; for any loss or
damage to any of the materials or other
things used or employed in performing the
work; for injury to or death of any person
either workmen or the public; or for dam-
age to property from any cause which might
have been prevented by the Contractor, or
his workmen, or anyone employed by him.
The Contractor shall be responsible for any
liability imposed by law and for injuries to
or death of any person or damage to prop-
erty resulting from defects or obstructions
or from any cause whatsoever during the
progress of the work or at any time before
its completion and final acceptance.
The Contractor shall indemnify and save
harmless the City and all officers and em-
ployees thereof connected with the work:
from all claims, suits or actions of every
name, kind, and description brought for or
on account of, injuries to or death of any
person or damage to property resulting
from the construction of the work or by or
in consequence of any negligency in guard-
ing the work; use of improper materials in
construction of the work; or by or on ac-
count of any act or omission by the
GENERAL PROVISIONS 9 11
Contractor or his agents during the
progress of the work or at any time before
its completion and final acceptance.
In addition to any remedy authorized by
law, so much of the money due the
Contractor under and by virtue of the con-
tract as shall be considered necessary by
the City Engineer may be retained by the
City until disposition has been made of
such suits or claims for damages as afore-
said.
The Contractor shall be responsible for any
liability imposed by law and for injuries to
or death of any person or damage to prop-
erty and shall indemnify and save harmless
any county, city or district, its officers and
employees connected with the work, within
the limits of which county, city or district
the work is being performed hereunder, all
in the same manner and to the same extent
as provided above for the protection of the
City and all officers and employees thereof
connected with the work, except that no
retention of money due the Contractor
under and by virtue of the contract will be
made by the City pending disposition of
suits or claims for damages brought against
a county, city, or district other than the
City.
12.11 Disposal of Material Outside the Right -
of -Way - The Contractor shall make his own
arrangements of disposing of material
outside the right-of-way and he shall pay
all costs involved.
When any material is to be disposed of out-
side the right-of-way, the Contractor shall
first obtain a written permit from the prop-
erty owner on whose property the disposal
is to be made and file a copy with the City
Engineer together with a written release
from the property owner absolving the City
from any and all responsibility in connec-
tion with the disposal of material on said
property. Before any material is disposed of
on said property, the Contractor shall also
obtain permission from the City Engineer to
dispose of the material at the location
designated.
When the disposal location is visible from
any street, highway, or other public area,
the Contractor shall dispose of the material
in a neat and uniform manner to the satis-
faction of the Engineer or City Engineer.
Disposal of hazardous waste material shall
be made per State requirements.
GENERAL PROVISIONS 6 12
Methods of removal, equipment and loca-
tion of disposal must be approved by the
City Engineer. Any additional cost not in-
cluded in the bid must be approved by the
City Engineer in writing before the work is
started.
12.12 Public Safety - Whenever the
Contractor's operations affect normal con-
ditions for traffic, or for the public, he shall
furnish, erect, and maintain, at his ex-
pense, all fences, barricades, lights, signs
and other devices necessary to prevent ac-
cidents or damage or injury to the public.
Construction area signs shall be furnished,
installed, maintained and removed when no
longer required in accordance with the
provisions in Section 12-3.01 through 12-
3.11 of the State Specifications and any re-
quirements of the Special Provisions. The
Contractor shall also furnish, at his own
expense, flaggers and guards necessary to
give adequate warning to traffic or to the
public of the construction conditions.
Flaggers and guards, assigned to warn the
public that the highway is under construc-
tion and of any dangerous conditions to be
encountered as a result thereof, shall per-
form their duties, and shall be provided
with necessary equipment, in accordance
with the current Caltrans publication
"Instructions to Flaggers." The equipment
shall be furnished and kept clean and in
good repair by the Contractor at his ex-
pense. Signs, lights, flags and other warn-
ing and safety devices shall conform to the
requirements set forth in the current
Caltrans "Manual of Traffic Controls for
Construction and Maintenance Work
Zones," and any signs furnished and
erected by the Contractor at his expense, as
above provided, shall be in addition to such
signs as are furnished by the City as pro-
vided in the Special Provisions. Signs shall
not obscure the visibility of, nor conflict in
intent and meaning with, City -furnished
signs and the size and wording shall be ap-
proved by the City Engineer.
The Contractor shall place "Men Working"
(W-21-1) signs at the limits of work when
working on city streets for any and all
phases of this contract.
The Contractor shall place "Road
Construction Ahead" (C-18) signs and "End
Construction" (C-13) signs at the limits of
work for any and all phases of the contract.
During periods of work in the roadway, the
Contractor shall post and maintain signs
necessary for police radar enforcement of
25 mph construction zone pursuant to
Section 22362 of the California Vehicle
Code.
Should the Contractor appear to be negli-
gent in furnishing warning and protective
measures, the City Engineer may direct his
attention to such conditions. The necessary
warning and protective measures shall
thereupon be furnished and installed by
the Contractor at his expense. No such
action by the City Engineer shall relieve the
Contractor from the primary responsibility
for public safety or abrogate his obligation
to furnish and pay for these devices.
The installation of general roadway illu-
mination shall not relieve the Contractor of
his responsibility for furnishing and
maintaining any of the protective facilities
hereinbefore specified.
No material or equipment shall be stored
where it will interfere with the free and safe
passage of public traffic, and at the end of
each day's work and at other times when
construction operations are suspended for
any reason, the Contractor shall remove all
equipment and other obstructions from
that portion of the roadway open for use by
public traffic.
Except as otherwise provided in the Special
Provisions, full compensation for con-
forming to all of the provisions in this
Section 12.12 and in the Special Provisions
shall be considered as included in the
prices paid for the various contract items of
work and no additional compensation will
be allowed therefor.
Where any items or facilities required under
the provisions of this Section are not
provided or are out of service, and an emer-
gency exists that necessitates protective
measures, the City Engineer, or his repre-
sentative, may provide such facilities dur-
ing the emergency, and the cost thereof
shall be paid by the Contractor, or
deducted from monies due him on his
contract. The City Engineer or his
representative, before taking emergency
action, shall endeavor to notify the
Contractor or his foreman of the conditions,
and to allow the Contractor to correct them
with his own crew, provided he acts
promptly and expeditiously.
12.13 Public Convenience - The Contractor
shall conduct his operations in a manner
which will result in the least possible
obstruction and inconvenience to the
public. He shall undertake no greater
length or amount of work than he can
prosecute properly with due regard to the
rights of the public.
Unless otherwise provided in the Special
Provisions, all public traffic shall be per-
mitted to pass through the work with as lit-
tle inconvenience and delay as possible.
Spillage resulting from hauling operations
along or across any public traveled way
shall be removed immediately by the
Contractor at his expense.
Existing traffic signal and highway lighting
systems shall be kept in operation for the
benefit of the traveling public during
progress of the work and other forces will
continue routine maintenance of existing
systems.
Construction operations shall be conducted
in a manner which will cause as little in-
convenience as possible to abutting prop-
erty owners.
Convenient access to driveways, house, and
buildings along the line of the work shall be
maintained. Temporary approaches to
crossings or intersecting streets shall be
provided and kept in good condition. When
the abutting property owner's access across
the right-of-way line is to be eliminated, or
to be replaced under the contract by other
access facilities, the existing access shall
not be closed until the replacement access
facilities are usable.
Roadway excavation and the construction
of embankments shall be conducted in a
manner which will provide a reasonably
smooth and even surface satisfactory for
use by public traffic, at all times. Sufficient
fill at culverts and bridges to permit traffic
to cross shall be placed in advance of other
grading operations. If ordered by the
Engineer or City Engineer, roadway cuts
shall be excavated in lifts and embank-
ments shall be constructed part width at a
time, construction being alternated from
one side to the other and traffic routed over
the side opposite the one under construc-
tion. Culvert installation or culvert con-
struction shall be conducted on one-half
the width of the traveled way at a time.
That portion of the traveled way being used
by public traffic shall be kept open and
GENERAL PROVISIONS • 13
unobstructed until the opposite side of the
traveled way is ready for use by traffic.
Upon completion of rough grading at the
grading plane, or placing any subsequent
layer thereon, the surface of the roadbed
shall be brought to a smooth, even condi-
tion, free of humps and depressions, satis-
factory for the use of public traffic.
After subgrade preparation for a specified
layer of material has been completed,the
Contractor shall, at his expense, repair any
damage to the roadbed or completed sub -
grade, including damage caused by his op-
erations or by use by public traffic.
While subgrade and paving operations are
under way, public traffic shall be permitted
to use the shoulders and, if half -width
paving methods are used, shall also be per-
mitted to use the side of the roadbed oppo-
site the one under construction. When
sufficient width is available, a passageway
wide enough to accommodate at least 2
lanes of traffic shall be kept open at all
times at locations where subgrade and
paving operations are in active progress.
Water or dust palliative shall be applied, if
ordered by the City Engineer, for the allevi-
ation or prevention of dust nuisance as
provided in Section 14, "Dust Control."
In order to expedite the passage of public
traffic through or around the work, and
where ordered by the City Engineer, the
Contractor shall install signs, lights, flares,
barricades, and other facilities for the
convenience and direction of public traffic.
Also, where directed by the City Engineer,
the Contractor shall furnish competent
flaggers whose sole duties shall consist of
directing the movement of public traffic
through or around the work. The cost of
furnishing and installing such signs and
flaggers shall be considered as included in
the prices paid for the various contract
items of work and no additional compensa-
tion shall be allowed therefor unless speci-
fied otherwise in the Special Provisions.
12.14 Maintenance of Traffic - Three days
prior to start of work, the Contractor shall
furnish the Engineer with a schedule of
operations. During the contract period, the
Contractor shall coordinate his activities
daily with the Engineer and make every
effort to minimize the disruption of normal
traffic and parking. Normal movement of
traffic shall be maintained at all times dur-
ing project construction.
GENERAL PROVISIONS • 14
The Contractor shall be responsible for
placing "No Parking" barricades and signs
48 hours prior to roadway excavation,
placement of asphalt concrete, concrete
work or any work requiring such traffic
control. At least one-way traffic shall be
maintained on all streets within the limits
of work during normal working hours.
During periods other than normal working
hours, all street lanes shall be free of ob-
structions and hazards, and shall be made
available for use by traffic.
In those areas designated in the plans,
specifications, or permits as "Limit
Operations Area," all normal street lanes
shall be free of obstructions and hazards
and shall be made available for use by
traffic at all times, except between the
hours specifically allowed by the City
Engineer, or as stated in the Special
Provisions.
Should the Contractor fail to provide for
public safety as specified, or if in the opin-
ion of the Engineer, the signs and warning
devices furnished by the Contractor are not
adequate, the City may place any signs,
warning lights or barricades to protect or
warn the public of any condition connected
with the Contractor's operations and the
Contractor shall become liable to the City
at the rate of 1.75 times the City's actual
costs.
The City will be entitled to assess such
charges against the Contract and deduct
the cost thereof from any money due or
that may become due to the Contractor
under this contract. The action of the City
in placing any warning devices shall not be
construed as relieving the Contractor from
any of the Contractor's obligations to
provide adequate warning of construction
conditions.
Pedestrian Traffic - The Contractor shall
provide for the safe and convenient passage
of pedestrian traffic throughout the limits of
the job site.
12.15 Street Closures and Detours - No
street shall be completely closed to through
traffic at any time unless permitted in writ-
ing by the City Engineer. The City Engineer
may require that detours be set up when
streets are closed or partially closed. All de-
tour routes and their signing shall be ap-
proved by the City Engineer before they are
set up.
The Contractor shall notify police and fire
departments, the School District, and am-
bulance services of the hours and dates of
the street closures and detour routes at
least 24 hours in advance of their
occurrence, and immediately upon their
discontinuance.
12.16 Haul Routes - The City Engineer may
require the Contractor to use only roads
designated by him as haul routes for
passage of heavy vehicles carrying materi-
als or supplies to or from the job. Special
haul routes will be as set forth in the
Special Provisions.
SECTION 13 - UNDERGROUND
OBSTRUCTIONS
13.01 Existing Utilities Shown on Plans -
Utility locations and depth shown on the
plans were supplied by the respective utility
companies and are approximate. Every ef-
fort has been made to assure their
accuracy and completeness but no
guarantee is implied. The Contractor shall
excavate all possibly conflicting
underground facilities before
commencement of work which may affect
their safety. The Contractor shall make his
own arrangements for the utility companies
to have their facilities marked in the field.
Use of USA is recommended.
13.02 Notification of Utilities - The
Contractor shall notify each utility company
2 working days in advance of commencing
each phase of the work which may
endanger any utility, in order that the util-
ity companies may do such work as is re-
quired to maintain uninterrupted service.
13.03 Damage to Utilities and Sewers - The
work shall be prosecuted in a manner
which will protect and avoid doing damage
to all utility mains, services, and appurte-
nances, and sewers. If damage occurs, the
Contractor shall notify the owner immedi-
ately. Storm drains and sanitary sewers will
be repaired by the owner, or the Contractor
will be directed to make the necessary
repairs. All other utility repairs will be
made by the utility owner or his Contractor.
All repairs will be made to the satisfaction
of the owner.
On City projects, if damage was absolutely
unavoidable, the repairs will be made by
the owner at no expense to the Contractor,
or by the Contractor and compensated for
as extra work. Avoidable damage will be re-
paired at the expense of the Contractor.
13.04 Utility Relocation - On City projects
where utility mains and services conflict
with the proposed improvements the City
will have such conflicting utilities relocated
at no expense to the Contractor, or pay the
Contractor to make such relocations in
accordance with any contract prices.
Attention is directed to the possible exis-
tence of underground facilities not known
to the City or in a location different from
that which is indicated on the plans or in
the Special Provisions. The Contractor shall
take reasonable steps to ascertain the exact
location of all underground facilities prior
to doing work that may damage such
facilities or interfere with their service. If
the Contractor discovers underground fa-
cilities not indicated on the plans or in the
Special Provisions, he shall immediately
give the City Engineer written notification of
the existence of such facilities. Such fa-
cilities shall be protected from damage as
directed by the City Engineer, and the
Contractor will be paid for such work as ex-
tra work, as provided in Section 9-1.03
through 9-1.03D of the State
Specifications.
If the Contractor desires to have any utility
or other improvement moved for his con-
venience in order to facilitate his construc-
tion operation, and should such a move not
be necessitated by a conflict in line or
grade, he shall make whatever arrange-
ments are necessary with the owners of
such utility or improvement and bear all
necessary expenses. No extension of time
will be permitted for this type of relocation.
Adjustments to grade of monument covers,
storm or sanitary sewer manholes, cast-
ings, cleanouts or other access opening
castings made necessary by changing street
or grade of ground in the course of work
done on City projects shall be performed by
the Contractor at no expense to the City or
Sanitary District. The cost of such work
shall be included in other items of work
and no extra compensation will be allowed
therefor unless specified in the Special
Provisions. All such work shall be done in a
manner satisfactory to the owner of the
affected facility.
GENERAL PROVISIONS 1 15
13.05 Tree Roots - No tree root shall be
unnecessarily cut in trenching operations.
Excavation around roots shall be performed
by hand. Where a root conflicts with the
grade of the conduit being installed, the
root shall be trimmed neat at the edge of
the excavation or trench, and shall be
painted with an approved tree seal, as
directed by the Engineer or City Engineer.
SECTION 14 - DUST CONTROL
The Contractor shall conduct his opera-
tions in a manner which will protect adja-
cent property from annoyance or damage
from dust caused by his operations. When
necessary, he shall take steps to control
dust by the application of water, dust pal-
liative, salt or other suitable means. The
Contractor shall be responsible for dust
control during both working and non-
working hours. On City projects, no sepa-
rate payment shall be made for dust con-
trol, and its cost shall be included in the
prices paid for contract items.
When extreme conditions exist which make
it impossible to control the dust, the
Contractor shall cease grading operations
until conditions improve.
GENERAL PROVISIONS 0 16
If Contractor fails to comply with the above
requirements, the City Engineer may order
the work to be stopped under the
provisions of Section 10, and may take
whatever action is necessary to reduce the
dust problem; the cost thereof shall be paid
by the Contractor.
SECTION 15 -WATER
The Contractor shall be responsible for de-
veloping water supply and furnishing all
water required for the work, including wa-
ter used in the performance of work paid
for as extra work, and applying all water.
SECTION 16 - REFERENCE TO STATE
SPECIFICATIONS
All work shall be performed in conformance
with the Special Provisions, these
specifications and the stated sections of the
latest edition of the Standard Specifications
of the State of California, Department of
Transportation (Caltrans), at the time of
approval of plans by City. Said stated
sections will be designated in these
specifications and/or the Special Provisions
of the State Specifications.